Changing the child's surname without the consent of the father

The legislation of Ukraine guarantees every citizen the right to a name, which includes the surname and patronymic, regardless of age and social status, including children.

The Family Code stipulates that parents give a name and a surname to the child, which may coincide with the surname of the parents. In the case of different surnames of the parents, one of them is chosen with their consent or a double surname is given. This happens when receiving a child's birth certificate.

In addition, both adults and children have the right to change their surname, first name and patronymic. According to Article 148 of the Family Code of Ukraine, there are cases when such a change is possible, including minors.

In what cases can a child's last name be changed?

• - when parents change their last name (a child who is over seven years old must give consent to change his last name);
• - one of the parents died, lost parental rights, was declared missing, absent or deprived of legal capacity;
• - if the surname was assigned at birth without the consent of the parents;
• - in the case of child adoption;
• - recognition of paternity (if information about the father was entered based on the mother's application).

Consent of both the child and his parents to change the surname.

The Family Code of Ukraine establishes that a child under the age of 7 does not have the right to "vote" when changing his or her last name, while older children have the right to express their opinion. It is important to consider that the child's opinion is decisive; if she is against the change of surname, the parents cannot make a decision without her consent. Neither the court nor the children's service regulates this issue, but if the name change is in favor of the minor, the court can consider this issue under judicial procedure. Children over the age of 16 have the right to independently change their surname without the consent of adults.

Reviewing the issue of the consent of the parties, it is presented in the following order:

• Up to 7 years - parental consent.
• From 7 to 16 years - the opinion of the child and the consent of the parents.
• After 16 years - the opinion of the child himself.

However, in the practice of family relations, a situation often arises when obtaining the consent of both parents to change the surname becomes difficult after the divorce.

Changing the child's surname after the divorce of the parents

After the divorce, the father and mother remain the parents of the child and retain all the rights and obligations related to this. As for changing the surname of a minor, this is possible only with the consent of both parents, regardless of whether they live together with the child or separately from it.

In the event of a divorce, if one of the spouses decides to return to their maiden name, this does not automatically affect the surname of the children.

What to do if the father or mother does not agree to change the child's last name?

It is not uncommon for a former partner to resist changing his child's last name. In case of such a conflict, the other parent can apply to the guardianship authority or the court. When solving such situations, the competent authorities take into account a number of factors, such as the active participation of parents in the child's life, their fulfillment of their parental duties, as well as individual characteristics of parents.

When is permission from the second parent not required?

• - the person is deprived of parental rights regarding the child;
• - a person recognized as incapacitated, deceased, missing;
• - the mother has the status of single.

In such cases, to change the surname of children, it is enough to contact the civil status registration authorities (RADS) and submit the following documents:

• - statement;
• - passport (identity document);.
• - child's birth certificate;

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