Changing the child’s last name

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Anna Saliienko

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Changing the child’s last name

The need to change a child’s last name can be caused by various reasons, both personal and legal.

Reasons for changing a child’s last name:

According to Article 148 of the Family Code of Ukraine, a child’s surname can be changed in the following cases:

  • Change of surname by both parents:
    • If both parents change their surname, the surname of a child who has not reached the age of seven is also changed automatically.
    • If the child is seven years old, then his consent is required to change his last name.
  • Change of surname by one of the parents:
    • A child’s surname can be changed with the consent of both parents and with the consent of a child who has reached the age of seven.
    • If one of the parents does not agree to change the child’s surname, the dispute is resolved by the guardianship authority or the court.
  • Adoption:
    • The surname of the adopted child is changed to the surname of the adopters.
  • Other cases:
    • Changing the surname can be allowed by the court, if there are good reasons for this (for example, the presence of an offensive surname, or unsoundness).

Surname change procedure:

  1. Out-of-court procedure (for children under 16):
  • Parents submit an application to change the child’s last name to the RACS body at the child’s place of residence.
  • The necessary documents are attached to the application.
  • The RATS body amends the record of the child’s birth and issues a new birth certificate.
  1. Appeal to the court (if there is a dispute between the parents):
  • One of the child’s parents or file a lawsuit to the court to change the surname.
  • Necessary documents are attached to the claim.
  • The court considers the claim and makes a decision.
  • If the court approves the claim, the RACS body amends the record of the child’s birth and issues a new birth certificate.

Necessary documents:

  • Application for change of surname.
  • Child’s birth certificate.
  • Parents’ passports.
  • Consent of the second parent (if the surname is changed at the request of one of them).
  • Court decision on adoption (in case of adoption).
  • Other documents (depending on the reasons for changing the surname).

Consequences of changing a child’s last name:

  • Changing a child’s last name can have certain consequences:
    • Change of documents: It will be necessary to change all the documents of the child, where his surname is indicated, for example, passport, birth certificate, medical card, educational documents, etc.
    • Notification of change of surname: Parents will need to notify all interested persons and institutions about the child’s last name change, for example, a school, kindergarten, polyclinic, bank, etc.

Changing a child’s last name: legal aspects and advice

Changing a child’s last name may seem like a simple process, but it can actually be legally complex.

This is why it is important to seek help from a lawyer:

  • A lawyer can help you understand all the legal aspects of changing a child’s name.
  • A lawyer can help you collect all the necessary documents.
  • A lawyer can represent you in court if necessary.
  • A lawyer can help you protect your child’s rights.

Contacting a lawyer can help you avoid mistakes and make the process of changing a child’s last name as painless as possible.

Changing a child’s last name can be a difficult process, but with the help of lawyers from the law firm “Prikhodko and Partners” it will be much easier for you.

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

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