How do you give a child a last name? How to register a child for the biological father, but not the husband. From love to divorce

Hello, Elena!

In accordance with Art. 17 and Art. ss.48-50 of the Civil Status Act If the child's parents are not married to each other, Information about the child's father in the record of the birth of the child are entered on the basis of: a record of the act of establishing paternity in the event that paternity is established and registered simultaneously with the state registration of the child's birth;

at the request of the mother of the child if paternity is not established. The surname of the father of the child is recorded according to the surname of the mother, the name and patronymic of the father of the child - according to her instructions. The information entered is not an obstacle to resolving the issue of establishing paternity. At the request of the mother, information about the father of the child may not be entered in the record of the birth of the child.

That is, you have the right to record the Father on your application or on the basis of established paternity.

The basis for state registration paternity is:

a joint statement on the establishment of paternity of the father and mother of the child, who are not married to each other at the time of the birth of the child.

A joint statement on the establishment of paternity of the father and mother of a child who are not married to each other at the time of the birth of the child is submitted by them in writing to the civil registry office. state registration of the birth of a child. In the event that there is reason to believe that filing a joint declaration of paternity after the birth of a child may be impossible or difficult, the future father and mother of the child, who are not married to each other at the time of the birth of the child, may file such a declaration during the mother's pregnancy. In the presence of such an application, state registration of the establishment of paternity is carried out simultaneously with the state registration of the birth of the child and a new application is not required if the previously submitted application was not withdrawn by the father or mother before the state registration of the birth of the child. State registration of the establishment of paternity is carried out by the civil registry office at the place of residence the father or mother of the child who are not married to each other at the time of the birth of the child, or at the place of state registration of the birth of the child.

Therefore, you should file a special joint application to establish paternity. Based on the act of establishing paternity, at the birth of a child, the father will be entered on the Birth Certificate.

At the same time, if the father is indicated in the Birth Certificate, then you do not acquire the status of a single mother.

I will be able to provide the service of drawing up an Application for establishing paternity in accordance with the requirements of the law.

Sincerely, F. Tamara

If the parents of a newborn child are not married to each other, then the entry about the mother of the child is made at the request of the mother, and the entry about the father of the child is made at the joint application of the father and mother of the child, or at the request of the father of the child (in some cases), or by decision of the court (clause 2, article 51 of the RF IC).

The former spouse is also recognized as the father without a statement from the father of the child in the following cases: if the child was born within 300 days from the date of dissolution of the marriage, its recognition as invalid, or from the death of the spouse of the child's mother, unless otherwise proven. The paternity of the spouse of the mother of the child is certified by a record of their marriage (clause 2, article 48 of the RF IC).

Information about the father of the child is entered:

on the basis of the record of the act of establishing paternity - if paternity is established and registered simultaneously with the state registration of the child's birth;
at the request of the mother of the child - if paternity is not established. The surname of the father of the child is recorded according to the surname of the mother, the name and patronymic of the father of the child - according to her instructions. The information entered is not an obstacle to resolving the issue of establishing paternity. At the request of the mother, information about the father of the child may not be entered in the record of the birth of the child (clause 3 of article 51 of the RF IC; clause 3 of article 17 of the Law of November 15, 1997 N 143-FZ).

Note. Disagreements between parents regarding the choice of the last name or first name of the child are resolved by the body of guardianship and guardianship ( paragraph 4 of Art. 58 RF IC).

If the father of the child does not want to register his paternity or if the mother does not agree to register the establishment of paternity, then paternity or the fact of recognition of paternity (if the father of the child has died) can be established in court (Article 49, RF IC).

If the father and mother of the child wish to register the birth of the child and establish paternity, we recommend that you follow the following algorithm.

Step 1. Get Required documents to register a birth and prepare a birth statement

After the birth of a child, his mother in the maternity hospital will issue a medical certificate of the birth of the child, which will be the basis for registering the birth of the child in the registry office.

If the marriage between the parents of the child is not concluded, the application for the birth of the child is submitted by the mother. The application shall indicate the surname, name and patronymic of the child, as well as information about the entry or non-entry into the record of the birth act and into the birth certificate of information about the father of the child.

Step 2. Prepare a joint application to the registry office to establish paternity

If the parents have agreed among themselves that paternity will be established in the registry office, both of them should fill out a joint application of the father and mother of the child, who are not married to each other at the time of the birth of the child, to establish paternity and submit it to the registry office.

If the father or mother is not able to submit such an application in person (for example, due to arrest), they need to prepare separate applications on behalf of each (paragraph 1, clause 5, article 50 of Law N 143-FZ). At the same time, the signature of the parent who cannot come in person is confirmed by a notary or a person with appropriate authority, including the head of the place of detention (paragraph 2, clause 5, article 50 of Law N 143-FZ).

In addition, it is possible to submit a preliminary application for the establishment of paternity even during the pregnancy of the mother of the child. This is possible if there are circumstances that give reason to believe that filing a joint application to establish paternity may be impossible or difficult after the birth of a child (paragraph 2, clause 3, article 48 of the RF IC).

It is also possible to establish paternity at the sole request of the father in certain cases (the death of the mother, declaring her incompetent, the impossibility of establishing her location or depriving her of parental rights) with the consent of the guardianship and guardianship authority, in the absence of such consent - by a court decision (paragraph 1 p 3 article 48 RF IC).

Step 3. Contact the registry office for state registration

An application for the birth of a child must be made no later than one month after the birth of the child. Regarding filing a paternity application specific deadline is not provided, since such an application can be submitted both during state registration of the birth of a child, and after (clause 6, article 16, clause 2, article 50 of Law N 143-FZ).

The deadline for filing an application for the birth of a child in practice does not have a significant meaning; there are no sanctions for late submission of it. Moreover, state registration of the birth of a child who has reached the age of one year or more is possible, including upon reaching the age of majority (Article 21 of Law N 143-FZ).

You should contact the registry office with passports, applications, a receipt for payment of the state duty for registering the establishment of paternity, as well as for making changes and issuing a new birth certificate if paternity is established later than the state registration of birth. An application for the birth of a child and a joint application for establishing paternity can be sent to the registry office in the form of an electronic document via the Internet (

A long time ago, a certain tradition developed, according to which both spouses begin to bear the same surname (in most cases, the one that belongs to the husband). When a baby is born in such a marriage, the same surname is given to him. But there are situations in life when it is simply necessary to change the child's surname. This process has already been regulated by law, and in order to complete the necessary procedure, appropriate grounds and permission from the guardianship authorities will be required. How to change the name of a child in order to do everything right, you can learn from this article.

From love to divorce

AT family life Every couple has difficulties and misunderstandings. It is not so easy for two people who grew up in families with different foundations and habits to get along together, even if they are deeply in love. Someone can overcome this barrier, being “both in sorrow and in joy” for many years, and someone commits another serious and rather difficult act - a divorce.

But now everything is behind, the documents are on hand, the surname has been changed to a premarital one. In addition, a woman can marry again after some time. And now a completely fair question arises: how to change the child's surname to the mother's surname?

If we take into account the Family Code, then it says that the surname of the baby is determined by the surnames of the parents. If mom and dad have different surnames, then the surname of the child is determined by their mutual consent. Parents who have different surnames are given the opportunity to give the baby a double surname, which is obtained by combining those of mom and dad.

How does the baby's last name change after

There are situations when, when registering a baby who was born to parents who are not united by marriage, paternity is not established. Then it is automatically recorded in the mother's last name. If the father wants to give the little one his last name, parents should submit a general application by the time of registration.

It may also happen that at first the baby receives the name of the mother. But after some time, the parents decide to change their mother's surname to their father's, since they live in civil marriage. In this case, first there is an official procedure for certifying paternity, and only then you can apply to change the baby's surname in the documents.

How does the last name of the child change after the separation of mom and dad?

As a rule, after an official divorce, the baby stays with his mother, who, for some personal reasons or in a purely emotional outburst, wants to change her surname to her maiden name (or premarital - if, for example, before this marriage she had already married and took her husband's surname, and after they parted, she decided to leave her). But, having decided to change her last name, she begins to think: after a divorce?

Yes, it is quite possible. Only the written permission of the child's father is required. And when the kid turns 7 years old, then he should not mind. Sometimes it is possible to change the surname without asking the consent of the father. There is one “but” in this situation: if there are no serious grounds for such an action, then the father will be able to go to court, which, most likely, will be on his side.

Grounds for changing the surname

So, we have already figured out how a baby can get his last name. And yet the question of whether a mother can change her child's surname remains always relevant. Consider what are the reasons for changing the name of the baby:

If one of the parents changes his last name;

If one of the parents is declared incompetent or missing;

If there is a cancellation of the court decision on recognition of paternity (if this was the reason for the change);

If one of the parents has died or is deprived of parental rights;

In case of voluntary recognition of paternity upon the joint application of the child's parents;

If the surname was given to the baby, not taking into account the wishes of one or both parents.

Particular attention should be paid to the fact that in order to change the surname of a child who is already seven years old, it is necessary to obtain his consent. Although he is considered a minor, it is his opinion on this issue that will be decisive. Then the parents do not have the right to change his last name, as they can violate the baby's right to his individuality. How to change the name of the child, if such a need arose? Only the court can bypass the opinion of the child. And then, provided that it is necessary in the interests of the child.

Whose consent will be required?

In order not to worry in vain about whether a child can change his last name and how to do it correctly, you need to know who should agree to this procedure.

In the vast majority of cases, the change of children's surnames depends on their age. All this can be understood from the information below.

If the child's age is between birth and seven years, then only parental consent is required.

If the child is from seven to fourteen years old, then consent must be obtained from both him and his parents.

If he is already in adolescence, then it is also necessary to obtain the consent of both parties: him and his parents.

If the child has already reached the age of sixteen, then only his consent is required to change his surname.

Is it possible to change the child's surname without obtaining the consent of the father?

Yes, yes, everything happens in life, so sometimes it becomes necessary to change the name of a child without the consent of his father. There are several cases when documentary consent is not required from him:

The father was declared incompetent due to the fact that he has a mental illness;

The father does not live with his family, and it is not possible to establish his whereabouts;

The father quite deliberately, without any valid reasons, evades the payment of alimony, does not take any part in the upbringing of the baby, is deprived of the rights to the child.

If at least one of these cases is present, then the question of how to change a child's surname without a father should not seem to arise. All this, most likely, will be decided in favor of the mother and child.

Changing the name of the baby after the separation of parents

There are three options for resolving this issue.

The first option includes the ability to answer the question, is it possible to change the surname. Can this be done without the presence of the second spouse, if he has passed away or is recognized as such, he was recognized as missing or incapacitated.

The second option can be addressed if one of the parents agrees with the decision to change the surname. If the surname of the baby is changed by mom and dad, the surname of the baby, who has not yet reached the age of seven, changes. If he has already celebrated his seventh birthday, then changing his last name is possible only with his consent. This shows respect for the child.

To do everything, you should contact the registry office at the place of residence of the applicant and submit a general application; it will indicate from which and to which the name of the baby will be changed.

But, as a rule, the second parent very rarely agrees with changing the name of the little one. In this case, the third option is suitable.

The third option is the case when one of the parents does not agree to change the name of the child. In this case, the dispute between mom and dad will be resolved by the guardianship and guardianship authority. It will take into account how much the parents fulfill their obligations in relation to the child and many other necessary circumstances that will certify how much the change of surname will correspond to the interests of the baby himself.

But you can also go to court: the plaintiff files a statement of claim against the defendant. It should indicate the practical and moral reasons why a child's surname should be changed. When a court decision is received in favor of the plaintiff, the registry office can make a change to the act record and issue a new birth certificate with all the necessary changes.

Since there is practically no practice of such disputes, it does not hurt for the plaintiff to consult with a qualified family lawyer.

How to change the baby's last name?

To do this, you need to prepare the following documents:

A statement from mom and dad, and if the child is already ten years old, then permission from him;

Original and copy of birth certificate;

Original certificate of divorce of parents.

It happens that a mother can remarry, and she wants to give the baby a surname after her second husband. How can I change my child's last name after a divorce? This can only be done if the father of the child does not mind. If he does not agree, then such a move is possible only when the father is deprived of his paternity rights. And this, in turn, will be impossible if a man participates in the life of the baby and pays him alimony.

According to statistics, in recent years, many couples have refused to register their relationship at the official level, citing the fact that there is no difference in the presence and absence of a stamp in the passport. But a civil marriage does not guarantee any rights to the parties, while the very fact of cohabitation imposes certain obligations on them. Some difficulties may arise when registering a newborn. A common question is whether it is possible to give the child the father's surname if the marriage is not registered.

Determining the initials of a newborn is a topical issue for those couples who have not entered into their marriage and are officially considered cohabitants. So the name of the born in incomplete family will be recorded depending on whether there is any information about his father. Two options are possible here:

There is no information about the blood parent. Here the name of the child depends on the decision of the mother: the surname can correspond to the mother's, and the woman can choose the name and patronymic at her discretion.
The father of the newborn has been identified. This means that the patronymic can be written down by the name of the parent, and the surname - at the request of the mother.

In the second case, you will need to go through the process of establishing paternity. It is important to consider that this is not an official adoption of the offspring. Subject to the mutual consent of the partners, you can do the following ways:

Establish paternity before the birth of an heir. To do this, the couple must come to the registry office with documents and draw up an appropriate application.
To issue papers establishing the identity of the father after the birth of a son / daughter. Citizens are required to visit the registry office together, where the father must write an application to recognize the newborn as his own.

It will be more difficult to establish whose last name the child is recorded in if the parents are not registered, when the mother is officially recognized as incapacitated or died during childbirth. In such a case, a person wishing to assume the duties of a guardian must collect sufficient evidence that there is a blood or family relationship between him and the children. If the argumentation provided is strong, then the process will be successful.

The legislative framework

This situation is regulated by the Federal Law "On acts of civil status" of 1997. The bill is based on the provisions of the Civil and Family Codes. So, the registration procedure is based on the following requirements:

Article No. 16. The procedure for submitting an application to the registry office with a request to draw up an act of recording a newborn is described in detail. The paragraph regulates the monthly period from the moment of birth in order to issue your application. You can submit the document orally or in writing on behalf of the parents or an authorized representative.
Article No. 17. The procedure for entering registration data into the act is indicated. It describes the algorithm of actions if the couple formalized the relationship officially, acts as cohabitants, the marriage was terminated through the courts, or one of the parents died.
Article No. 18. Directly regulates the procedure for recording the full name of a minor. Cases are considered when there is no agreement between the parents on the chosen surname of the newborn.

According to this law, if the couple decided not to sign, then at the request of the mother, information about the father may not be indicated in the birth certificate. Patronymic in this case is written according to her instructions.

Assigning a surname to a minor: procedure

The process of naming a newborn is regulated by the Family Code of the Russian Federation. By "name" should also be understood the surname and patronymic, and not just the name itself. Article No. 58 of the RF IC defines the following points:

The selected initials of the newborn fit into two documents: a birth certificate and an act record in the registry office. The certificate can be obtained at the earliest. Registration authority staff may ask the couple to sign them to make it easier for the child to be enrolled.

Establishing paternity through the courts

Determining the fact of paternity through the court is a procedure that is necessary if the couple is not in a formal relationship and does not plan to sign in the near future, and the citizen has not submitted an application to the registry office that he wants to be recorded as a father. In such a case, either party may apply for a forensic genetic examination. The algorithm of actions for launching the procedure for considering a case in court begins with the collection of a package of documents, the list of which is indicated in Article 132 of the Code of Civil Procedure. The claimant must provide:

Directly a statement expressing the desire to establish family ties with the newborn.
Receipt of payment of state duty (its amount is about 200 rubles).
Certificate of registration of the newborn (original or notarized copy).
Evidence of the relationship between the defendant and the child. As arguments, the court may be presented with written testimonies of witnesses, personal correspondence, receipts for money transfers, photographs where the defendant and the offspring are together.

Be sure to have copies of all collected documents. The plaintiff must provide them to the defense. The prepared evidence base can play a key role in reaching a verdict, because it is on its basis that a decision will be made if the defendant refuses to give his consent to undergo a genetic examination.

The mother of a minor or her official representative has the right to file a claim. A child can also apply, but only when they reach the age of majority. If the court establishes the fact of the defendant's paternity, then the registry office makes an appropriate entry on the basis of the decision made. The participation of the pope himself is not required.

The procedure for giving a child the surname of the father without registering a marriage

Minor disagreements in the issue of assigning a name and surname to a child between his parents can be resolved by the guardianship and guardianship authorities. Such powers are regulated by paragraph 4, Art. 58 RF IC. When the couple has reached mutual agreement, the algorithm of actions will be as follows:

To register a child in the registry office, you must provide a medical birth certificate of the baby, which is the main basis for recording a newborn, an application. In cases where the marriage is not formalized, the latter is made on behalf of the mother. It indicates the initials of the illegitimate child, as well as information about entering information about the father.
Drawing up a joint statement on the establishment of paternity. To do this, both must appear at the registry office and fill out a standard form. If one of the parties cannot be present in person, then the appeal is submitted on behalf of each of the parents.

The missing person's document must be notarized.

If, for any reason, the couple believes that a joint application will not be possible after the birth, it is possible to make a preliminary application to the registry office during pregnancy.

Thus, in the presence of the father or his representative, by mutual agreement of the parties, it is possible to give the child the surname of the father, if the marriage is not registered between citizens. The registration authority is chosen by unofficial spouses at their place of residence or at the location of the maternity hospital, which is regulated by Article 15 federal law № 143.

Changes to the Family Code in 2018

In 2018, a new bill may be adopted that establishes the concept of “actual marital relations”, which can be applied to persons cohabiting in a civil marriage. According to the text of the law submitted for consideration, such status can be obtained by relationships that last more than 5 years, or if a couple living together for more than 2 years has a common child.

The fact that a civil marriage can be equated with an official marriage also has certain consequences in the field of legal relations under family and civil law: the responsibility and obligations of the parties may become the same as in a registered marriage.

Such an initiative is based on the fact that the state must also protect those citizens who have not officially registered their relationship. And as statistics from the registry offices show, there are now a considerable number of them. If the bill is adopted, the changes will also affect the procedure for registering a child's surname at birth out of wedlock.

In 2017, some changes were also adopted regarding the assignment of a surname to a child. So, a newborn can be recorded with a double surname of mother and father. Previously, this was possible only if one of the parents already has it.

Many representatives living in a civil marriage wish to retain the status of a single mother, which allows them to receive certain subsidies from the state. But if a woman wants to give an illegitimate child the name of her father, and he does not oppose this, then the procedure for entering initials will be simple.

All major issues related to parent-child relationships are regulated by the Family Code of the Russian Federation. According to its provisions, all children, when they are born, are given the right to receive a name, patronymic, and also a surname. The surname chosen by the parents is entered on the birth certificate.

According to the code, in the presence of both parents, children can be given any surname at birth, by agreement between them. If adults cannot agree, then this issue is resolved with the involvement of guardianship and guardianship authorities.

When a baby is born out of wedlock, the assignment of a surname occurs according to different rules.

The procedure for obtaining it by a child is described in article 58 family code, as well as Art. 18 of the Federal Law "On acts of civil status".

Children may be given the following surnames:

from mother;
from father;
double.

In any case, the surname cannot be entered arbitrarily at the request of the mother or father. There must be a legal basis for this, as well as official confirmation.

If the parents died, deprived of their rights, then the full name of the children is given by persons replacing them (trustees, guardians, relatives). When adopting a newborn is recorded in the name of his new family.

Registration of newborns is carried out by the registry office at the place of residence of the family. If there is no such branch in the village (city), then you can contact the nearest one. Entries are made upon presentation of the following papers:

certificates from the maternity hospital (other medical institution);
application for registration;
passports of representatives of children;
marriage certificate (or a document acknowledging paternity).

You need to receive a certificate for children within thirty days from the moment of their birth. This procedure is completely free. You only need to pay for the reissuance of this document.

Is it possible to give a child the mother's surname at birth?

It is possible to give a child a different surname at birth according to family law.

The procedure for obtaining it depends on several factors:

whether the spouses are officially married;
whether there is consent of the spouse;
whether paternity is established when children are born out of wedlock.

Children born in marriage are given the surname chosen by their parents. If the husband does not mind, then she can be maternal, their union is also allowed. Then, in the certificate issued by the registry office, both surnames will be written with a hyphen. In this case, the sequence of their indication can be any.

You can give your child a double surname, provided that it is not too complicated. If one of the parents has a composite full name, then it is no longer right to double it with one more in the registry office. The legislation of the constituent entities of the Russian Federation may establish their own rules in this regard.

If the newborn is illegitimate, then several solutions are possible. For example, the marriage was not officially registered, but the man does not deny his relationship with him. Then the question of the full name of the children is decided by mutual agreement of the civil spouses. They have the right to agree, to give them common child maiden name his mother.

There are situations when the father is not known, civil husband does not recognize his relationship with the newborn or does not want to give him his last name.

A woman in this case can seek to establish the origin of children through the courts. If the court satisfies her requirements, then the registry office has the right to assign the name of the child to the father.

But not all women want to spend their time on litigation. Therefore, the registry office simply record the newborn in the maiden name of a single mother. This does not prevent subsequent changes to the record made.

If later the woman decides to officially recognize the man as the father of her children, then on the basis of the decision made, the registry office will change the data.

Changing a child's last name after a divorce

Divorce couples have to deal with many different issues. The hardest thing is for those families in which children grow up. Former spouses must agree on their place of residence, maintenance, and upbringing.

In some cases, questions are raised about changing the names of children. The reasons for this may be the entry into a new marriage union, a change in the personal data of the parents.

By law, a change of name is allowed, but subject to certain conditions. An important role is played by the age of the children, the status of their relatives, and the availability of the necessary permits. If the child is under the age of fourteen, this is only possible:

by mutual consent of his parents;
with permission from the guardianship and guardianship authorities.

It is important to keep in mind that, after reaching the age of ten, children also have the right to express their attitude on this issue. With the consent of both parents, guardianship authorities, taking into account the opinion of the child, it is possible to give the child the mother's surname after a divorce. When supporting documents are provided, the employees of the registry office make changes to the previously made entry, issue a new certificate.

However, after parting, not everyone couples it is possible to maintain normal relations. Therefore, it is not always possible to obtain consent from a man to change the names of children. The difficulty in obtaining permission may be caused by the residence of former spouses in different cities, the loss of contacts.

By general rule without the consent of the man can not do. But in some cases, it is not necessary to take into account his opinion:

If he is dead or declared dead. When establishing the fact of death through the court, the same consequences occur as in case of natural death.
When a man is deprived of parental rights by a court decision.
When recognized by the court as incompetent in full.
If it is not possible to establish the place of his stay or residence.
If he does not participate in the life of his children, does not visit them, evades paying maintenance payments.

If there is at least one of the listed reasons, a woman can independently decide on a change of surname. This does not relieve her from the need to apply for permission to the guardianship authorities, to take into account the opinion of children after ten years. To obtain consent, you must provide papers confirming the existence of these circumstances.

If we are talking about the deprivation of paternal rights, incapacity, then it is required to present a judicial act that has entered into force. In any case, the final decision is made by the guardianship authority. It is important to know that if the marriage was not registered, but there is an entry about the pope in the certificate, then his opinion will also have to be taken into account.

Is it possible to give the mother's last name after 14 years

After children reach the age of fourteen, it becomes easier to change their surname to another. Since that time, it is no longer required to obtain permission from the guardianship and guardianship authorities. Parents or one of them can decide this issue on their own, but taking into account the opinion of the child.

If the spouses are still married or already divorced, they must make this decision together with the children. The initiative may also come from the fourteen-year-old citizen himself. He has the right to apply for a change of name with the written consent of both parents.

If consent is not received from at least one of the adults, then a new entry will not be made by the registry office. If there are objections to changing the names of children, their consideration can be transferred to the court. If the judge establishes the grounds for their change, the registry office will enter new data on the court decision that has entered into force.

Children can take their mother's surname either with the consent of both parents, or one of them, when the permission of the second is not needed. It is not required to obtain the consent of a man even when he is not included in the certificate as a pope.

Children can decide questions about changing their full names on their own only when they reach the age of majority. In our country, it is established from the age of eighteen. In exceptional cases, children who have reached the age of sixteen become fully capable. This is possible if they go through the emancipation procedure.

Consequently, every citizen of Russia, when born, receives a given name and surname. They are assigned by the registry office on the basis of an application from parents or persons replacing them. Children can be registered in the name of the mother by agreement between the spouses, at the request of the woman, when the opinion of the man is not required to be taken into account.