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Publication date: 11.05.2024
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Article 149 of the Family Code regulates the procedure for changing the surname, first name and (or) patronymic of a child in different age categories and in different situations.
Children who have reached the age of sixteen have the right to independently change their surname, first name and (or) patronymic at their own will.
Children who have reached the age of fourteen can change their patronymic with the consent of both parents.
Changing a child's last name with the consent of the parents is possible in various situations:
1. If both parents change their surnames, then the surname of a child who has not reached the age of seven also changes.
2. If both parents change their surnames, and the child has reached the age of seven, his surname can be changed only with his own consent.
3. If only one of the parents changes his surname, then the child's surname can be changed with the consent of both parents and with the consent of the child who has reached the age of seven.
In case of death, declaration of death, recognition of incapacity or unknown absence of one of the parents, if a child who has not reached the age of fourteen was assigned the surname of one of the parents at the time of birth registration, the surname may be changed to the surname of the second parent at the request of the relevant parties.
If one of the parents is dead, declared missing or disabled, or deprived of parental rights, the child can also change his patronymic with the consent of one of the parents.
In the event that one of the parents does not agree with the change of the child's patronymic, the dispute may be resolved by the guardianship authority or the court. At the same time, the interests of the child and the parents' fulfillment of their duties are taken into account.This article establishes a procedure to protect the child's rights to change personal data when it is necessary or desirable for the child's benefit.
A change of surname can be grounds for deprivation of parental rights only in cases where this change causes negative consequences for the child or violates his rights. Usually, this can happen if the deprivation of parental rights is associated with serious violations of the rights and well-being of the child.
In most jurisdictions, the process of terminating parental rights requires serious grounds and can only be carried out through a court process. Thus, a change of surname in itself is not a sufficient reason for deprivation of parental rights.
If one of the parents does not agree with the change of the child's patronymic, the dispute can be resolved either by the guardianship authority or the court.
At the same time, the following circumstances are taken into account:
1) Fulfillment by parents of their duties in relation to the child.
2) Other circumstances that prove the compliance of the change in the father's name to the interests of the child.
The guardianship authority or the court makes a decision in order to ensure the best interests of the child, and also takes into account the opinion and wishes of the child himself, if he has reached the age when his opinion can be taken into account.
A surname change through the court can be carried out in cases where it is necessary to resolve a dispute or make a decision on a surname change that is not settled by other means, in particular, if one of the parents does not agree to the change of the child's surname or if other cases of surname change do not meet the law or needs childThe procedure for changing the name through the court usually includes submitting a corresponding application to the court where the dispute is being considered. The court considers the circumstances of the case, as well as the opinion of all interested parties, including the parents and the child himself, if he has reached the age when his opinion can be taken into account.
When making a decision, the court takes into account the best interests of the child and the parents' fulfillment of their duties. In the case of a surname change through the court, the court issues a corresponding decree on the surname change, which is later registered by the relevant state registration authorities.
