Changing the surname of a child up to 14 years old

Changing a child’s last name is a question that can arise for various reasons: the divorce of parents, the desire to change the name to a more acceptable one, or to add the last name of a new family member.

Reasons for changing the surname

The reasons for changing the surname can be various, among which the most common are:

1. Divorce of parents. If the parents divorced and the child stayed with one of them, it is possible to wish to change the surname to the surname of the mother or father with whom he lives.
2. Marriage or remarriage of one of the parents. In the case of a new marriage of one of the parents, the child may receive the surname of the stepfather or stepmother.
3. Desire to match the last name of another family member. Sometimes the change of surname is due to the desire to harmonize family relations and avoid misunderstandings.
4. Other circumstances. Surname changes may also be due to personal or cultural reasons, as well as security issues.

Legal aspects of surname change

The procedure for changing the surname of a child under the age of 14 involves the following main stages:

• Consent of both parents. As a rule, the consent of both parents is required to change a child’s last name.

If one of the parents is against it, the matter can be resolved through the court.

• Submitting an application to the RACS authorities. If there is no dispute between the parents about the change of surname, in this case the child’s parents must submit a corresponding application to the civil status registration authorities.
• Confirmation of the reasons for the change of surname. In the application, it is necessary to indicate the reasons for the change of surname, as well as provide relevant documents (for example, a court decision on divorce, marriage certificate, etc.).
• Consideration of the application. The bodies of the RAC consider the application and make a decision. In case of refusal, parents have the right to appeal this decision in court.
• Obtaining a new birth certificate. After the decision to change the surname is made, a new birth certificate with the child’s new surname is issued.

As already indicated above, changing the child’s surname through the court becomes necessary when one of the parents does not agree to this change or when there are other circumstances complicating the procedure.

Let’s consider the main stages of this process.

Grounds for applying to court

The court is referred to in the following cases:

• Lack of consent of one of the parents to change the surname.
• Inability to locate one of the parents.
• Other circumstances that make it difficult to obtain consent to change the surname.

The procedure for changing the surname through the court

• Filing a claim. One of the parents or a legal representative files a lawsuit. The application must state the legally justified reasons for changing the surname and the necessary documents (birth certificate of the child, evidence of the impossibility of obtaining the consent of the second parent, etc.).
• Consideration of the case by the court. The court considers all the circumstances of the case, listens to witnesses and takes into account the opinion of the child, if he can express it.
• Making a decision. The court makes a decision based on the evidence presented and guided by the interests of the child.
• Execution of the court decision. In the case of a positive decision, the parents or legal representatives of the child apply to the RACS authorities to make changes to the record of the child’s birth and obtain a new certificate.

Considering the complexity and length of the process, the use of professional lawyers is extremely important.

The law firm “Prikhodko and Partners” offers comprehensive assistance in this matter, in particular:

Consultation and preparation of documents.

Specialists will help collect all the necessary documents, prepare a statement of claim and provide advice on all legal issues.

Judicial representation.

The company’s lawyers will represent your interests in court, protecting the rights and interests of the child.

Support of the implementation of the decision.

After the court decision is passed, our law firm will help with the implementation of all necessary procedures to amend the birth record.

Changing the name of a child under the age of 14 is a responsible step that requires careful consideration and compliance with all legal procedures, which requires legal training and knowledge.

Contacting the law firm “Prikhodko and Partners” will help you avoid many difficulties and ensure proper legal protection of your child’s interests. The professionalism and experience of lawyers guarantee the successful completion of all stages of the procedure and the achievement of the desired result.