Making changes to the act record of the birth of a child

Many people who decide to move to a permanent place of residence outside our country with their children sooner or later face the problem of entering incorrect or erroneous data in the birth certificate.

This, in turn, leads to situations where individuals need to make changes to such deed records so that they have legal force.

However, how this can be implemented in practice, and what is the general procedure for making changes to the act record of the birth of a child – we will talk about these problematic aspects in this informative article.

Who can apply for changes to the birth certificate?

Ukrainian legislation defines an exhaustive range of applicants who can exercise their legal right to amend the record of the birth of a child, namely:

• citizens, in respect of whom the corresponding act record was drawn up;
• biological father or mother, designated guardian or custodian for the child;
• appointed guardian for an incapacitated person or trustee for a citizen with limited legal capacity;
• a representative of the body of guardianship and guardianship, if he submits an application in the interests of the person over whom he exercises guardianship or guardianship.

Pay attention! Current legislation allows citizens to submit an application only in person, and not by proxy or through a legal representative. However, there is an exception.

It refers to the case when the application for recognition of paternity is the basis for making changes to the birth certificate, but it cannot be submitted personally by a citizen due to the presence of good reasons, then the latter has the right to submit an application through postal means or his legal representative only subject to its mandatory notarization.

What are the most common reasons for making changes to the birth certificate?

• if there is a decision of a judicial authority on the recognition of motherhood or paternity, adoption or adoption and it was canceled by the legislation;
• if there is a decision of a judicial authority to enter knowingly illegal data or to establish an error in the legal record;
• if there is a written statement of recognition of maternity or paternity;
• if there is an opinion of the territorial department of the State Security Service of Ukraine, a consular institution, or a diplomatic mission;
• if the legal record of the birth of a minor child does not contain any information about the child’s biological father;
• if there is an application by the husband and wife, who kept their surnames before the marriage, to create a joint or double surname;
• if there is an application from both parents to change the minor’s last name (in cases where the child reaches 7 years of age, his or her consent is required to implement this reason);
• if one of the child’s parents decides to change their name, this is also a legal basis for making appropriate changes to the child’s birth certificate;
• if the child’s parents entered into a marriage or, on the contrary, broke it off, then this is a legal basis for changing their surnames in the child’s birth certificate (however, the child must also change his own surname).

Pay attention! The above-mentioned reasons are not exhaustive, and therefore in practice you can find completely different cases of making changes to legal records. However, such cases should not contradict the current Ukrainian legislation.

If you still have questions about making changes to the record of the birth of a child, then in this case legal assistance from the Prikhodko and Partners law firm will be more appropriate than ever.

Our team includes only qualified specialists who have many years of experience working with various problematic legal issues in Ukrainian legislation, and therefore we know how to properly help the company’s clients in practice. Do not delay and contact us!