✅ Determining the child’s surname

Determining the child's surname

Determining the child’s surname in Ukraine

Our family lawyers are often asked the following questions: What surname can I give to a child? What is the procedure for changing the surname? Can a single mother give a child the father's last name?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Determining the child’s surname” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.

  1. The surname of the child is determined by the surname of the parents.
  2. If the mother and father have different surnames, the child’s surname is determined by their consent.
  3. Parents who have different surnames can give their child a double surname, formed by combining their surnames.
  4. A dispute between parents regarding the child’s surname may be resolved by the guardianship and guardianship authority.

According to generally accepted international standards, a child has the right to a name from the moment of birth (Article 7 of the UN Convention on the Rights of the Child (Convention on the Rights of the Child of November 20, 1989 https://zakon.rada.gov.ua/laws/show/995_021.

In social life, the name is of great importance for an individual, because the name individualizes her in society.

Since an individual acquires rights and obligations and exercises them under his own name, the latter also has legal significance.

What surname can be given to a child in Ukraine

According to the prescriptions of Part 1 of Art. 28 of the Civil Code, the name of an individual who is a citizen of Ukraine consists of a surname, a proper name and a patronymic, unless otherwise follows from the law or custom of the national minority to which it belongs.

If the parents have a common surname, then this surname is assigned to the children.

If the mother and father have different surnames, the child’s surname is determined by their consent.

In this case, with the written consent of the parents, the child is assigned the surname of the father or mother or a double surname formed by combining their surnames, about which an appropriate entry is made in the column “For marks” of the birth certificate, which is certified by the tilpisam of both parents.

In the application for assigning a double surname to the child, the parents indicate with which surname – father or mother – the child’s surname should begin.

Procedure for resolving a dispute by the name of a child in Ukraine

In the event of a dispute between the parents regarding the child’s surname, they can refer the dispute to the resolution of the guardianship and trusteeship authority or apply to the court with a corresponding claim.

The procedure for resolving disputes by the guardianship and guardianship authorities regarding the determination of the surname of the child established by clause 71 of the Resolution of the Cabinet of Ministers of Ukraine “On approval of the procedure for the production of activities related to the protection of the rights of the child” by the guardianship and guardianship authorities. Cabinet of Ministers of Ukraine No. 866 dated September 24, 2008. https://zakon.rada.gov.ua/laws/show/866-2008-%D0%BF#Text.

A package of documents when submitting an application to determine the child’s surname in Ukraine

To resolve the dispute between the parents regarding the determination of the first name, last name, patronymic of the child, one of the parents submits an application to the child affairs service at the place of residence of the child:

  • copy of your passport,
  • a certificate from the place of registration (residence),
  • a copy of the certificate of marriage or divorce (if any).

In order to study the situation and prepare an opinion on determining or changing the surname, first name and patronymic of a child, the Service for Children’s Affairs conducts a conversation with the mother, father and child, if he has reached such an age and level of development that he can express his opinion.

The decision of the guardianship and trusteeship body to resolve the dispute between the parents regarding the determination or change of the name, surname, patronymic of the child is taken by the regional, regional state administration in the cities of Kiev and Sevastopol, the executive body of the city, district wound in the city, taking into account the conclusion of the children’s affairs service.

Resolving a dispute on changing the child’s surname in court in Ukraine

As evidenced by the materials of the Unified State Register of Court Decisions, disputes about changing the child’s priest are sometimes resolved by the judicial authorities.

For example, based on the materials of case No. 638/10412/15-c, a woman filed a lawsuit to change the child’s surname from the father’s surname by the mother’s surname with reference to the fact that after the termination of family relations with the defendant and the dissolution of marriage, the child lives with her separately from a father who evades parenting, does not care about the child’s health and development.

It was noted in the statement of claim that the child is uncomfortable with his surname, and the satisfaction of the claim is in the interests and wishes of the child.

The decision of the district court, upheld by the decision of the court of appeal, rejected the claim.

On the cassation appeal, the court of the cassation instance refused to satisfy the cassation appeal and concluded that the circumstances of the case refute the plaintiff’s references about the child’s discomfort through a different surname and the change of surname would not be in the child’s interests.

Family attorney for child surname cases in Ukraine

For an effective solution to the case of determining the child’s surname, you should contact professional family lawyers.

Family lawyer:

  • provide legal advice on family matters;
  • will help to determine the best option for solving a family case;
  • prepare all the necessary documents;
  • accompanies the course of the entire trial.

Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!

Contacting us is a way to save time and money in resolving the issue of determining the child's surname.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in solving a child’s surname case is to contact good family lawyers!

If the article “Determining the child’s surname” was useful for you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as about new changes in the legislation of Ukraine regarding the determination of the child’s surname.

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ADVEGO

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solution 10 1.18
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change of surname 6 0.71 / 1.42
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