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Family law Changing a child’s last name during adoption

Anna Saliienko

Lawyer

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saliienko@prikhodko.com.ua

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Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.

Changing a child’s last name during adoption

Adoption is an important step that gives a child a chance to find a new family and a loving home. One aspect of adoption that often raises questions is changing a child’s last name.

In Ukraine, according to the Family Code, a child’s surname may be changed upon adoption.

Here are the main aspects to know about this procedure:

Adoption by spouses:

If a man and a woman who become the child’s parents adopt at the same time, their surname and patronymic are automatically changed.
At the request of the spouses, the child’s name can also be changed. This requires the consent of the child himself, if he has reached the age of 7. If the child already lives in the adoptive family and is used to the new name, his consent is not required.

Adoption by one of the parents:

If the adopter is registered as the child’s father, the child’s patronymic is changed accordingly.

Adoption of an adult:

An adult can change his surname, first name, and patronymic in connection with adoption. This requires a joint application of the adopter and the adopted person.

Consent of the child:

The consent of the child to change the surname is not required if he has not reached the age of 7.
If the child is 7 years old or older, then his consent is required to change his last name.
The child’s consent must be given orally or in writing.

It is important to remember:

Changing the personal data of the adopted person is not mandatory.
Adoptive parents can leave the child her maiden name or give her a new one common to the whole family.
If a child is adopted from another country, the requirements of the legislation of the country of birth regarding the change of personal data should be taken into account.
After changing the child’s last name, it will be necessary to update all his documents, where the last name is indicated (birth certificate, passport, medical card, etc.).

Changing a child’s surname upon adoption is an important decision that must be made taking into account all the circumstances.

To avoid complications, it is recommended to familiarize yourself with the nuances of the procedure in advance and, if necessary, seek help from lawyers.

Here are some aspects to consider:

Child’s age: The procedure for changing a surname for a minor and an adult child may differ.
Citizenship of the child: If a child is adopted from another country, the procedure must be accompanied by the need to take into account the legislation of his native country.
Consent of the child: In the case of older children (from 7 years old), their consent to change their surname becomes mandatory.
Necessary documents: The list of required documents may vary, so it is recommended to clarify it in advance.
Court procedure: A change of surname requires an application to the court and obtaining a corresponding decision.

Recommendations:

If you are planning to adopt a child and want to change the child’s last name, it is recommended to:

Consult with a lawyer to learn about all the nuances of this procedure.
Talk to the child about his wish to change his last name.
Prepare the child for the change of surname, explaining to him the reasons for this change.

Changing a child’s surname during adoption is a complex legal process that has many nuances.

The legal company “Prikhodko and Partners” has extensive experience in handling cases of adoption and changing a child’s surname.

Our lawyers will help you:

Collect all necessary documents.
Correctly complete the application for changing the child’s name and the necessary documentation.
Represent your interests in court.
Get a court decision to change the child’s last name.

By contacting the legal company “Prikhodko and Partners”, you can be sure that the change of the child’s surname during adoption will be carried out quickly, correctly and without problems.