Can a Child’s Last Name Be Changed Without the Father’s Consent in Ukraine?

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Миколаєнко Олена

Lawyer Ukraine / Kyiv

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Publication date: 14.11.2024

Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law

In Ukraine, changing a child’s last name is a particularly sensitive matter, as it affects the child’s personal rights and identity. Additionally, changing the last name can have emotional significance for both parents. Ukrainian legislation sets out specific conditions under which one parent may change a child’s last name without the other parent’s consent; however, this process is strictly regulated and requires substantial evidence. In this article, we will discuss the key aspects of the procedure for changing a child’s last name and options available for parents who, for various reasons, may need to change their child’s surname.

Legislative Basis for Changing a Child’s Last Name in Ukraine

The primary law regulating the change of a child’s last name is the Family Code of Ukraine. Specifically, Articles 148 and 150 of the Family Code of Ukraine state that parents may change a child’s last name only by mutual consent. However, when one parent does not participate in raising the child, the law allows for changing the child’s last name without that parent’s consent.

Typically, a child’s last name is changed if:

• one parent does not fulfill their parental duties;
• the father shows no interest in raising the child;
• other court-determined grounds justify the necessity of a last name change.

Key Conditions for Changing a Child’s Last Name Without the Father’s Consent

Changing a child’s last name without one parent’s consent is only possible under certain circumstances and strictly defined conditions:

1. Father’s Absence in Child’s Life: If a parent does not participate in raising the child or fulfilling parental duties, the mother may petition the court to change the child’s last name without the father’s consent.
2. No Contact Over an Extended Period: If the father has not been in contact with the child or involved in the child’s life for a significant time, the court may view this as a lack of legal interest in the child’s future.
3. Protecting the Child’s Interests: If retaining one parent’s last name could harm the child’s best interests (for example, due to conflicts or negative associations with the last name), the court may approve the name change in the child’s best interest.

Steps for Changing a Child’s Last Name Without the Father’s Consent

The procedure for changing a child’s last name without one parent’s consent involves several steps, each requiring preparation and documentary evidence.

1. Gathering Documentation: First, gather all relevant documents that demonstrate the father’s lack of involvement in parenting or evidence showing that retaining the last name is detrimental to the child.
2. Filing a Petition in Court: The mother or the child’s legal representative must file a petition in court requesting the name change. The petition should provide valid reasons and include supporting evidence indicating the other parent’s unwillingness or inability to cooperate.
3. Court Review: The court reviews the case, considering all circumstances and available evidence. In some cases, the court may appoint a psychological evaluation to assess the possible impact of changing the last name on the child.

Key Aspects of the Procedure

• Changing a child’s last name without one parent’s consent is possible but requires clear evidence and justification.
• The court’s decision always considers the child’s best interests.
• The procedure may take several months, depending on the case’s circumstances and documentation availability.

List of Documents that May Be Useful for the Court

1. Documents Confirming the Father’s Absence in Parenting: Proof of unpaid child support, statements from relatives or neighbors confirming a lack of contact with the child.
2. Medical and Psychological Certificates: If the name change is necessary for the child’s psychological comfort, relevant assessments from doctors or psychologists can be provided.
3. Other Documents Supporting the Child’s Interests: Letters from the child’s school, recommendations from social services, or psychologist evaluations indicating that the name change is appropriate.

Court Procedures: The process of changing a child’s last name without the father’s consent requires a court review and verification of all circumstances.

Documentary Evidence: Documentation is needed to confirm the father’s lack of involvement in the child’s life, such as unpaid child support or absence of contact.

Protecting the Child’s Interests: The court always makes decisions based on the child’s best interests, even if the father objects to the name change.

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Practical Advice for Those Considering a Last Name Change

1. Gather All Evidence of the Father’s Lack of Involvement: This can include statements from relatives, proof of unpaid child support, or other documents indicating the father’s indifference.
2. Seek Legal Advice: Changing a child’s last name can be a complex process, and a lawyer can assist in preparing documents and protecting the child’s interests in court.
3. Prepare for Court Proceedings: In addition to filing a petition, you may need to prepare for possible objections from the father and be ready to participate in court hearings.