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 wish to register his paternity or if the mother does not agree to the registration of 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 judicial order(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: Obtain the necessary documents for birth registration and prepare the application for the birth of the child

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 certificate and 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. There is no specific deadline for filing an application to establish paternity, 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 (

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 grounds for state registration of establishing paternity are:

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

Increasingly, when marrying or vice versa, making out, women express a desire to keep their own. You won’t surprise anyone with such a position, because women have become more self-sufficient and scrupulous about their position in society, and situations can be different: a woman may owe popularity to her surname, or her husband’s surname is simply ugly.

Therefore, it is completely understandable that the return to her premarital surname is often the first goal of a woman after a divorce. But if a woman’s desire to leave or many are sympathetic, then when it comes to, then the traditional option is to give the baby the name of the father.

In modern society, not all women want to obey such a “patriarchy” and the desire to have equal rights with the male sex or a number of other circumstances inevitably lead to the question of whether it is possible to give the child the mother’s maiden name.

There is a positive answer to this question, but much depends on the specific everyday situation, intra-family circumstances and interpersonal, sometimes too difficult, relations between the child's parents.

Is it okay to give a child the mother's maiden name?

Married

Based on legal requirements Russian Federation, and specifically - the provisions of the Family Code governing these actions (), the surname of the parents is assigned.

If the parents have different surnames, then there may be the following options:

• the baby receives the father's surname;
• the surname of the mother is assigned;
• a child can be assigned a double compound surname, consisting of the full father's and mother's in any order, separated by a hyphen.

But whichever option is chosen, it must proceed from the full agreement reached between the parents.

In a situation where the parents are irreconcilable and could not come to an understanding in resolving this issue, then their disagreement can only be resolved officially through a private appeal to the guardianship authorities that protect civilians.

In this, albeit not often occurring, case, in which the case concerns necessity, one should refer to article 59 of the same code governing family law.

In accordance with the content of this article, parents have a real right to change the surname that the child now bears before, but only on condition of a joint desire.

Such a development of the situation is also carried out only after an official application to the local guardianship authorities, in which competent persons will consider the application and make a decision, taking into account the interests of the child.

As soon as the child turns 14 years old, he can change his personal data on his own, but for this he will still need written, certified permission from both parents, or he will have to personally file the corresponding claim in court.

After divorce

When parents stop living together, and who already lives under her maiden name, a woman who often decides to live without a husband decides to change her baby's surname previously recorded in the metric. Such a desire is also feasible, but with the consent of the second parent and taking into account the interests of the child.

There are a number of situations where a change of surname can be made without taking into account the presence or absence of the consent of the second parent:

• his whereabouts are not known;
• if it is limited parental rights or even ;
• is an ;
• does not take a direct part in or in any way evades its content.

It should be borne in mind that actions to change the existing surname of a child older than ten years are carried out only if the child himself has nothing against such a change. A child at this age has the right to refuse to change their personal data.

How to transfer a child to your last name after a divorce

When changing the personal data of a child, it is necessary to proceed from his age, the number of state bodies involved will depend on this.

Where to apply?

In order to change the surname, the child needs to apply to the registry office. For this, a department is selected at the place of registration of mom or dad, or at the place of birth of the baby.

If the child is not 14 years old, before starting the process officially, you will have to obtain permission from the child guardianship authorities.

Approval of the authority will be easy to obtain if:

• both parents mutually decided to give the child the surname of one of them;
• after a divorce, the child is given the surname of the parent with whom he will live;
• single mother intends to change the child's existing surname to the one on this moment wears herself.

Making an application

The change in the personal data of the baby is carried out on the basis of the parents submitted to the registry office.

In the application, special attention should be paid to the indication of the reason why the decision is made to change the personal data of the minor.

Despite the existence a large number situations leading to a change in personal data, the reason must be compelling. All required documents are attached to the application.

Required documents

When changing the personal data of a baby who at that time has not yet reached the age of 14, the first step is to collect a set of documents and certificates required to study all possible negative consequences for the child in the guardianship authorities.

Depending on the existing situation leading to the need to change the name of a minor, the following may be required:

• statement of the parents, or one of them;
• certificates confirming the identity of the parents, or one of them;
• metric certificate of the child;
• place certificate issued by housing authorities;
• a statement by a minor about consent to change his surname if he is ten years old;
• a document on the conclusion of one of the parents, and maybe both;
• certificate of .

The entire set of documentation can be submitted to the guardianship authorities both during a personal visit and by mail.

If there is a situation that allows you to act without taking into account the desire of the second parent, then the guardianship authorities will need one of the documents:

• a copy of the court decision on the restriction or absolute deprivation of the right to be considered a parent;
• a copy of the court decision testifying to the recognition of the second parent involved in the case at the given time as a person incapacitated or missing;
• certificate of;
• confirmation of evasion from education - debts issued by bailiffs.

After submitting all of the above to the guardianship authorities, parents will receive either permission to change personal data or a reasoned refusal. The decision of the guardianship authorities can be appealed in court.

With a positive decision, the next instance on the way to changing the surname is the registry office, to which you must provide:

• passport;
• personal statement;
• officially certified permission from the local child welfare office;
• receipt;
• confirming the fact of payment of the state duty (650 rubles).

The state duty is paid for making the necessary changes to the new act of civil status. Before paying it, you need to find out the details of the bank account of the registry office office in which interested party plans to apply. Without payment of the state fee, the application will be rejected.

The registry office may refuse to make changes, but is obliged to substantiate its decision in writing. You can appeal the refusal by going to court.

What to do if the father does not agree to change the personal data of a minor?

If a child living with his mother has a different surname from her, then this can cause a number of problems: misunderstanding in kindergarten, school or other institutions, difficulties with, etc.

If, if a woman wants to change her child's surname to another, the father is against such actions, then the existing disagreement is resolved through going to court, but with the mandatory participation of the authorities responsible for protecting the interests of children.

according to the Federal Law on acts of civil status:

Article 17

1. The father and mother, who are married to each other, are recorded by the parents in the entry of the act of the birth of the child at the request of any of them. *17.1.1)

Information about the child's mother is entered into the record of the child's birth on the basis of the documents specified in Article 14 of this Federal Law, information about the child's father - on the basis of the parents' marriage certificate. *17.1.2)

2. In the event that the marriage between the child's parents is dissolved, declared invalid by the court, or if the spouse has died, but no more than three hundred days have passed from the date of dissolution of the marriage, its recognition as invalid, or from the date of the spouse's death to the child's birth, information about the child's mother is entered into a record of the act of his birth in the manner prescribed by paragraph 1 of this article, information about the father of the child - on the basis of the marriage certificate of the parents or another document confirming the fact of state registration of marriage, as well as a document confirming the fact and time of termination of marriage. *17.2)

3. If the child's parents are not married to each other, information about the mother shall be entered in the record of the child's birth in the manner prescribed by paragraph 1 of this article. *17.3.1)

Information about the father of the child in this case is entered:

on the basis of the record of the act of establishing paternity in the event that paternity is established and registered simultaneously with the state registration of the birth of the child; *17.3.3)

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 birth certificate of the child. * 17.3.4)

Article 18

1. During state registration of birth, the surname of the child is recorded according to the surname of his parents. With different surnames of the parents, the surname of the child is recorded according to the surname of the father or the surname of the mother by agreement of the parents. *18.1)

2. The name of the child is recorded by agreement of the parents.

3. In the absence of an agreement between the parents, the name of the child and (or) his surname (if the surnames of the parents are different) are recorded in the record of the child's birth certificate at the direction of the guardianship and guardianship authority. *18.3)

4. The patronymic of the child is recorded by the name of the father, unless otherwise based on national custom. *18.4)

5. If the mother is not married to the father of the child and the paternity of the child has not been established, the child's name is recorded at the request of the mother, the patronymic - by the name of the person indicated in the entry of the birth certificate as the child's father, the child's surname - by mother's surname. *18.5.1)

If, at the request of the mother who is not married to the father of the child, information about the father of the child is not entered in the record of the birth certificate, the patronymic of the child is recorded at the direction of the mother.

6. If the law of the constituent entity of the Russian Federation, based on the norms of the Family Code of the Russian Federation, provides for a different procedure for assigning the last name and determining the patronymic of the child, the entry of the last name and patronymic of the child during state registration of birth is carried out in accordance with the law of the constituent entity of the Russian Federation.