Peculiarities of the situation of illegitimate children
Registration of a child born in a civil marriage with the civil registry office proceeds differently than for a couple connected by official relations.
In order for a child to receive a birth certificate, the presence of both parents in an informal union is required. The authorities carrying out state registration try to ease the paperwork in this matter and often meet people who are in de facto marital relationships, accepting an application when a child was born in a civil marriage or during the woman’s pregnancy.
Child's surname in a civil marriage
Future parents should take into account that the father of a child born in a civil marriage must confirm in writing his consent to the child receiving his last name. Otherwise, the mother, by law, can only give the baby her last name and nothing else.
Baby registration
As mentioned earlier, both parents must come to the authorities that carry out state registration of newborns and write a corresponding application. Information about the child's mother is taken from the birth medical record.
But the new father writes a statement to establish paternity and pays the state fee for this process. And only after these steps, complete data about both parents is entered into the baby’s birth certificate and into the record of his birth.
If the child’s mother decides, for selfish purposes, not to include the child’s father, but to receive benefits as if she were recognized as a single mother (it is known that in our country it is higher than child care benefits), then the participation of the father in the process of his corresponding application is not required.
But then there will be obstacles when the child receives an inheritance. If the mother categorically refuses to indicate the child’s father in the documents, then he will have to prove his paternity by filing a lawsuit with a certificate in hand with the results of a DNA examination.
The following video will tell you about the features of a civil marriage and the birth of a child:
Where to submit documents and which ones are necessary when changing personal data?
To avoid any difficulties regarding the question of how to return a surname after a divorce, the documentation that must be taken to the department of the registration authority is listed below.
- Passport.
- Application for divorce.
- A woman's birth certificate to confirm her maiden name. If it is lost, you can get a duplicate.
- Birth certificate of children (in a situation where their age is not more than eighteen years).
- Receipt for payment of state duty (1600 rubles).
The listed list of documentation must be brought to the registry office. There you should write a form where you need to indicate your full name, date of birth, place of residence, registration, marital status at the time of submitting all papers.
You can find bank account details in order to pay the fee on the official website of the registration authority. Before making a payment, you should clarify all the details by phone.
Today there is a specialized service with which you can pay state duties and payments. Thus, you can pay the fee on the government services website.
When writing an application, you should be careful and not make mistakes in grammar, write legibly and use only verified information, which is confirmed by documentation. To prevent the registry office employees from having questions, it is recommended to fill out the document in block letters.
If the couple has a child, you need to indicate his details, as well as the reason why the girl wants to change her surname to her maiden name.
A decision on this issue will be discussed for a month. Sometimes the period for reviewing an application may take a long time, but the longest period is two months. You must go to court if you receive a refusal.
Rights of a child in a civil marriage
The most interesting thing is that children born in a civil marriage can have absolutely the same rights, including alimony, as those born in an official marriage. But under one condition - officially registered paternity. How to do it?
If the father recognizes his child, then this does not present any difficulty.
The easiest way is to submit a joint application of the parents to the registry office immediately after the birth of the child or even before his birth.
In this statement, the common-law husband must note that he recognizes himself as the father of the child and his mother as his common-law wife. Next, fill out the standard fields of the application: passport details of both parents, place of residence, and put their signature. The application can also indicate what surname the parents wish to assign to the child. Or don’t indicate it - then the father’s surname will be assigned. But it can also be the mother’s surname, the main thing is the consent of both spouses.
After all the formalities, the child will be issued a birth certificate, on which the father will already be entered, and the child will be given his last name, unless otherwise indicated in the application.
This is the easiest way to establish the paternity of a child in terms of bureaucratic formalities, with the exception, of course, of official marriage.
There are also cases when the father does not abandon his child, but for various reasons cannot be present at the time of his wife’s discharge from the maternity hospital. In this case, he can, as mentioned above, draw up a statement of recognition of paternity with his mother in advance. If his absence was sudden, for example, an urgent business trip, then there is a way out in this situation: the father can submit an application by proxy through his legal representatives, or fill out an application at the nearest notary office, have it certified and send by mail to his place of stay mother with child.
If the father was not immediately included in the birth certificate, the child is automatically registered under the mother’s surname. In the future, he will be able to count on alimony from his father and have other relevant rights, for example to inheritance, only if paternity is established and alimony is collected in court.
It must be said that in the case of an officially unregistered marriage and paternity, the child loses not only his father, but also his grandparents. Therefore, they will also not be able to leave an inheritance to their grandson, and the child has no right to claim it.
If we talk about registration, the situation here is similar.
A child born in a civil marriage can be registered both in the mother’s living space and in the father’s living space, but only in the case of officially registered paternity, or after it has been established in court. Otherwise, the mother can register the child only with herself.
How to return a maiden name after a divorce and can a child have it?
We tell you where to go and what documents you will need to collect.
- I divorce. I want to return my maiden name, how and in what time frame can this be done?
According to Russian law, choosing a surname is one of the personal non-property rights of a citizen. Article 32 of the Family Code of the Russian Federation states that it is possible to change a surname in three cases: marriage, adoption, and also at personal request. Let's consider the first option. Article 36 of the same code states that a spouse who changed his surname upon marriage may return his premarital name upon divorce. In addition, you can take your maiden name during marriage. And the husband will not influence this decision in any way.
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In order to return the surname, you need to take into account the type of divorce: in an administrative divorce (through the registry office), the woman informs about her desire when filling out the application. When a divorce occurs through the court, after receiving permission, the spouses apply to the registry office to register the fact of divorce. At the same time, the woman must submit an application to change her surname. In both cases, after receiving a divorce certificate, which will indicate the surname assigned after the divorce, you need to change your general passport and other documents.
You must submit documents to change your passport within 30 days of receiving the divorce certificate. Otherwise, you will have to pay an administrative fine.
I wanted to change my last name after the divorce. What to do?
Documents to change your last name can be submitted at any time after the divorce. You need to contact the registry office with a passport and birth certificate, divorce certificate, birth certificate of children (if they are minors) and a receipt for payment of the state fee for changing the surname - 1000 rubles.
An application for a change of surname is also drawn up, which indicates the current and future surname, as well as the reason for the change. The application will be reviewed within a month, after which the woman will receive a certificate of name change. You also need to contact him to replace your passport within 30 days.
What other documents will need to be changed?
You will have to change not only your Russian passport, but also:
- driver's license;
- SNILS;
- TIN;
- international passport;
- pensioner's ID;
- medical policy.
All other documents, according to the law, do not need to be changed. For example, work and medical records, certificates and diplomas.
I want to change my children's surname too. So it is possible?
For children, a surname is also a personal non-property right. When parents divorce and the ex-wife returns her maiden name, the children's last names do not automatically change, even if they remain with their mother. Parents can change their last name if there are agreements or a few exceptions:
- the spouse, as well as information about his whereabouts, is missing;
- the spouse is deprived of parental rights and participation in education;
- incapacitated;
- avoids participation in the upbringing and material support of the child for unjustified reasons.
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If the child is under 14 years old, then the parents (or one with the written and notarized consent of the other) first apply to the guardianship and trusteeship authorities for consent, and then with an application to the registry office. Obtaining all permits may take several months. To change the surname of a child aged 14 years and older, you need not only the consent of the parents, but also the consent of the child himself. His last name cannot be changed without his consent, with the exception of protecting his interests.
About the main thing - briefly
- During a divorce, a woman can change her surname to her maiden name, in addition, she can do this while still married.
- You can change your surname to your maiden name even after some time has passed after the divorce.
- If during the divorce you indicate that you want to return to your premarital surname, this will be recorded in the divorce certificate. In this case, you have 30 calendar days to change your Russian passport. Otherwise, you will have to pay an administrative fine.
- In addition to the Russian passport, you will need to change your SNILS, international passport, pension certificate, medical policy, tax identification number and driver's license.
- Children can change their surname only with the mutual consent of the parents, with some exceptions.
- Parents who want to change the surname of a child who has reached the age of 14 need the consent of the child himself.
If you have questions that you can't find the answer to, ask us and we will try to answer them.
Civil marriage, child's surname, difficulties with documents
Only your last name and only a dash in the father column. Plus you receive a certificate stating that the father has not been identified. You don’t have to tell your “husband” about this. This makes it more convenient for you first. And you can identify the father (and anyone) if it is secured later, simply by paying a fee and writing a statement.
Only your last name and only a dash in the father column. Plus you receive a certificate stating that the father has not been identified. You don’t have to tell your “husband” about this. This makes it more convenient for you first. And you can identify the father (and anyone) if it is secured later, simply by paying a fee and writing a statement.
Do you recommend this from the standpoint of government subsidies?
Regarding the question, my sister is not registered. both daughters bear their father's surname. no problem. just an awkward question from the eldest daughter, why, unlike other families, her surname is different from her mother’s))
They are not going to sign, which means there are some inconsistencies in the relationship.
Personally, for the mother, the advantage is that she is a single mother, she cannot be fired, she cannot be laid off, she makes all decisions regarding the child alone, from health issues to who will pick up the child from kindergarten. Protects himself and the child in the event of a breakdown in relations with the father, from attacks on privacy. True, this also means losing alimony, but you can challenge it in court.
And there is no red tape with the docks. They change in the same way as if a mother changes her surname to her husband’s surname. She will be given a certificate at the registry office, registered in the pension just like her own. That's all.
My brother's first child was born out of wedlock. Until the child was 4 years old, mom/dad were not scheduled. Nobody was worried about anything - anywhere, not in hospitals, not in the garden, not even when traveling, because... you still have to carry around your birth certificate, not your marriage certificate. Moreover, even after marriage, the wife did not change her last name - because... 33 documents need to be changed for a fic. children with one last name, mother with another. Nobody gives a damn. SHE NEVER HAD TO PROVE ANYTHING ANYWHERE.
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regarding entry/exit abroad - many countries turn a blind eye to all this - my nephew and I traveled overseas - so first in Russia they asked me why I was giving them a power of attorney for export (my nephew and I have the same last name), and then The officer in Germany looked at me like he was a fool until she explained that I was not a mother (he and I look alike), but an aunt =)
In fact, either you agree with your cohabitant as to whose last name it will be, or you declare yourself a single mother and the child has a dash in the father column. Get some pennies from the state.
The pitfall is exactly the same as with an official marriage - if you decide to run away - then there is a lot of hassle with the “division” of the child and possible problems with the export, if suddenly some country requires permission to export/import the child.
But in general, it’s strange - I also gave birth out of wedlock - there was no question about whose last name the child should be registered under, and even more so, there was not even a thought to put a dash in the father column. Are you very insecure about relationships?
Probably the relationship of my parents left a mark - at first everything was like everyone else, but then there were fights and divorce. That's why I'm probably not entirely sure of him. It seems to me that if he was confident in our relationship, then after he found out that we would become parents, he immediately started talking about the wedding. But he didn't do it. So either I’m not sure either, or I don’t know what. I tried to talk to him about this, constantly getting excuses and unwillingness to talk about this topic.
Possibility of adoption of children by de facto spouses
First of all, we note that in Russian legislation there is no such thing as a civil marriage, and accordingly, only a union registered in accordance with all the rules with government bodies is recognized. And therefore, actual spouses cannot adopt a child, since the civil code does not recognize them as wife and husband.
But what should spouses do in a civil marriage if adopting a child is exactly what they dream of? There is an exit!
An exception may be the case when one of the cohabitants adopts a child. At the same time, the second spouse will still not be officially considered the child’s parent.
Children in a civil marriage
A completely predictable continuation of cohabitation between a man and a woman of fertile age can be the birth of a child. In earlier times, he would have been called not the most pleasant words: bastard, illegitimate, bastard. And these are just censorship definitions.
Everyone is equal, but with one condition
Today, society's position has softened. Children born in a traditional family and from parents with unregistered relationships have the same rights, and this is stated in the Family Code of the Russian Federation:
- care from both parents;
- satisfaction of material needs;
- living in decent conditions.
Every child in Russia has the right to receive medical care, study and receive an education.
And even children born in a civil marriage can claim an inheritance on an equal basis with their brothers and sisters born into an official family. However, this requires compliance with one condition: recognition of the child and his paternity by the man.
Registration procedure
There is no strict regulation by law, but experts still advise registering your child within thirty days, so that you can then issue a monthly child support allowance on time (of course, if there are grounds for this). A new father and mother should know how the birth of a child in a civil marriage is registered and what documents will be required from them at the registry office:
- A certificate from the maternity hospital confirming that this particular woman gave birth to a child on a certain day (the gender of the baby must be indicated).
- Each parent must present a passport.
- Directly at a government agency, dad and mom will write a statement together to establish paternity in an approved or free form. This document should reflect information about the parents, a request to register the newborn baby and assign him the surname of one of them, first name and patronymic. A document jointly filled out and signed by both is confirmation on the part of the mother that this man is the father of her child, and her cohabitant thus acknowledges his paternity.
- Another paper is filled out by the man - it says that he recognizes paternity and has nothing against the fact that the child will be assigned his last name and given the appropriate patronymic.
How to change your last name in the MFC: legislation
To begin with, we should mention the legislative regulation for replacing personal information - according to the Law on Civil Status Acts (Federal Law No. 143-FZ of November 15, 1997), persons who have reached the age of 14 can edit information about themselves.
Based on the following confirmed circumstances:
- marriage/dissolution of marriage;
- by the personal will of citizens;
- at the request of the person acting as a guardian of a citizen declared incompetent.
The registry office authorities are authorized to process the replacement, but along with them, the MFC also accepts documents.
Obtaining a certificate
Sometimes in life such circumstances happen that you can use them to write scripts for TV series. But it’s one thing to watch everything on TV, and quite another to experience it yourself.
At the registry office without dad
The peculiarity of registering a child when the parents, before his birth, have not yet matured to formalize the relationship, is that it is advisable to come to the civil registry office together, since there is one circumstance: the child must have a father who recognizes him. And then the first official document in the life of a little man will not differ from millions of others.
What if, due to unforeseen circumstances, a man simply could not attend the registration, but still wants the child to receive his last name and be considered his son? Lawyers advise choosing one of these options:
- assuming the possibility of sudden and long business trips, you can formalize your recognition of the baby and your own paternity by writing a joint statement with your common-law wife in advance;
- in the event of an unexpected departure, you can issue a power of attorney and the legal representative will recognize the baby and paternity in the registry office on behalf of the absent parent;
- You can draw up a notarized statement and send it to your common-law wife’s address by mail.
If, nevertheless, nothing was done from these actions, the father will be forced to prove his rights in court. Moreover, the procedure will be quite lengthy, with a lot of paperwork and, possibly, genetic analysis.
In a situation where the physiological parent did not want to recognize the offspring as his own, the registry office employee, filling out information about the father, will be required to make a note on the birth certificate that the entry was made based on the words of the mother. In such a situation, she acquires the status of a single mother. In such a case, the child will bear the mother’s surname and will not be able to receive either alimony or inheritance from the father until the court proves his relationship with this man.
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Now about registration. The situation is repeated: without recognition of paternity in one way or another, the child will be registered at the address of his mother.
And witnesses are sometimes needed
Sometimes it happens that, not wanting to pay alimony, the former cohabitant claims that he did not even suspect about the pregnancy. And by the way, he hasn’t lived with the child’s mother for a long time.
It’s an unpleasant situation, but there is a way out of it: you will need to prove in court the fact of cohabitation and running a common household. Testimony from people living in neighboring apartments or houses can help with this. It is good if it is possible to provide some notes or even letters, the contents of which confirm the recognition of paternity.
Joint photographs, SMS, MMS or correspondence on Odnoklassniki or another social network may also be useful, from which it follows that the relationship between a man and a woman was of a family nature, and the partner knew or assumed about a possible pregnancy.
How does a surname change occur?
Having dealt with the legal component of the issue, you can move on to the actions that need to be performed in order to regain your premarital initials. As mentioned above, in order to avoid unnecessary paperwork, it is better to make the decision that you really want to do this right away and express your desire in the divorce application. If you thought about this when you were already divorced, then adhere to the following course of action.
MARRIAGE REGISTRY
So, the authority to change the personal data of Russian citizens is assigned to the territorial civil registry offices. This is where you should apply to change your last name after a divorce. In this case, you can choose a registry office both at the place of residence and at the place of registration.
Documentation
First, study the list of what documents are needed to change your surname to your maiden name:
- Certificate of divorce.
- Birth certificate.
- Birth certificates of your children, if you have children.
- Receipt of paid duty.
- Statement.
- Passport.
Make sure that you have collected the entire package of necessary papers. This will help avoid delays in processing your case.
Find out more about what documents are needed to change your last name.
Statement
Having prepared the documents, you can go to the registry office, where you will have to write an application. It should indicate:
- Full name at the time of filing the application.
- New full name.
- Place and date of birth, as well as birth certificate details.
- Citizenship.
- Family status and details of the document that can confirm it (marriage or divorce certificates).
- Information about children under 18 years of age.
- Passport data.
- Official registration address.
- Reason for changing personal data.
- List of attached documents.
- Signature and date.
Service cost
Like any other service provided by government agencies, changing personal data is subject to a fee. Today its cost is 1600 rubles. There are several ways to pay the fee:
- through a bank branch;
- via Internet banking;
- at the self-service terminal;
- at the post office.
The main thing is to save the receipt so that it can be attached to the general package of papers.
Find out more about the cost of the state fee for changing your last name.
Service provision period
Before the registry office employee accepts and sends the application for processing, he is obliged to check the package of documents presented, the correctness of filling out the application, and also register the application in a special journal, where the request is assigned a specific number.
After this there will be a waiting period. It usually takes about a month. After this period, you must go to the registry office to receive a certificate, which will confirm the changes made.
At the same time, a stamp will be placed in your passport, obliging you to replace this identity card with a new one, and along with it other available documents.
In some cases, you need to be prepared for possible delays in processing. Most often this happens due to the fact that some documents are lost during their storage. And if there are good reasons for this, the head of the civil registry office may increase the period for processing papers to two months.
Changing a surname through State Services
Another way to apply to change your last name is to contact the authorized authority through the Public Services Portal. To do this, you need to register on the site or log into your personal account if you are already a user.
Next, from all the offered services, you need to select “”. Please note that this method of obtaining services does not exempt the applicant from going to the registry office. It is just an entry into the electronic queue, which guarantees an individual day and time of visit to the service. In addition, when submitting an application on the portal, you can immediately pay the state fee. After processing the submitted application, the system will indicate the date of your visit.
MFC
Recently, so-called Multifunctional Centers, which provide services in various areas, have become increasingly in demand. Basically this is the design, registration and replacement of all kinds of documents. The convenience of such a service is that all you need to do is simply prepare the necessary package of documents and come to the MFC. Representatives of the civil service will take upon themselves all further actions.
Please note, however, that in such centers you will first be enrolled in an electronic queue to submit documents to the registry office. You will receive the document itself with new data only after a decision has been made by the authorized authority.
Making an appointment to change your last name after a divorce is also within the competence of the MFC staff. In addition, in recent years the number of such universal centers throughout Russia has increased significantly. This suggests that sometimes it is much easier to get to the MFC than to the registry office, which may be located at the other end of your area.
Relationships or family
We can talk a lot about freedom of choice, the right to independently decide what to do: get married, get married or live in a civil marriage. There are people who are sure that such pluralism looks very modern. But such a conviction is unshakable until it comes to talking about status in some situations and material interests.
After all, the position of the law is known: there is no officially registered marital relationship - it is cohabitation. And no matter what a man and a woman call each other, no matter how much they love each other, they do not become a family in the eyes of the code, even if a child was born in a civil marriage, and the couple lived together for many years, waiting for the birth of their grandchildren.
Problems can arise in a variety of situations. For example, another love came. When the paths diverge, upon separation it will not be at all easy to justify your claims to a share in property and business, especially if the woman was exclusively involved in the house and children.
If cohabitants have not taken care of the will in advance, they will not appear on the list of applicants for inheritance in the event of the death of their couple. Lawyers won’t even call them relatives, even if they lived together for 30 years. But if a marriage that was registered a long time ago and not dissolved is discovered, members of that family can quite legally claim their share.
Some contemporaries call the centuries-old foundations and family traditions of family life atavism, suggesting a simpler approach to the relationship between a man and a woman. In a word, accept cohabitation without formal obligations to a partner as the norm.
These are just a few aspects of the problem. Many others are no less important. For example, the emotional state of a child (why not everyone has dads) and its influence on the formation of the psyche and worldview.
The Christian Church does not approve of such unions, considers them sinful and says that the guilt of the parents will fall on their descendants up to the fourth generation. Even the birth can be interrupted. This is, of course, a matter of faith. But so do morals. Sometimes behind the posturing “I am for a civil marriage,” the banal egoism of the Narcissist and cowardice, unwillingness to burden oneself with obligations and bear responsibility for the future of the family and children can be hidden.
Child's surname in a civil marriage
Good afternoon everyone. We have been living in a civil marriage for 5 years. The topic of registration at the registry office has never been raised by my husband in all this time; I myself consider it humiliating to offer something and insist on formalizing the relationship. Moreover, the husband already had experience of official marriage. I consider him a decent person, I’m sure he won’t quit if anything happens.
Now we are expecting a child. I'm thinking about the name. Of course, my husband and I will discuss this point together, but first I would like to hear from mothers who are experienced in this matter what is the best thing to do? I always wanted to have the same surname as my child, so it turns out to be my own. But then, the husband will officially have no relation to the child at all? What could be the real consequences of both options? Thank you all in advance for your advice and opinions.
I don’t know what’s stopping you from starting the topic of registering relationships... if you don’t register the relationship, then give the child your last name, because in kindergarten, school, and even when traveling, it will be more convenient for you to have a mother and child of the same last name, unless of course you play the role of mother, and not on the father.
self-esteem interferes. I think that a man should propose on his own initiative, and not because the woman insisted
If you want to legitimize your relationship, I don’t see anything humiliating in telling your husband about it. Especially now that you are expecting the birth of a child. You live as a family, and it’s right when the family has the same last name. And the proposal was made to you when you decided to live together. Legitimizing is already a formality.
- Iskra Smailovna
- 21 June 2021, 16:41
- ↓
Since you are not officially registered, you will be considered the only legal parent at the birth of a child and your last name will be yours. If you wish, you can indicate the father's details on the birth certificate. If by the time the child is born you and your husband have not registered your relationship, then he can officially become the child’s father only through the adoption procedure. For some, it is convenient to formally be considered a single mother (benefits, allowances, and the father’s consent is not required when traveling abroad with the child). I think in this case, the father should think about what role he wants to play in the life of his unborn child.
Yes, it's up to you to decide. If the spouse has not yet thought about it and raised this issue in a conversation, maybe for him it is only a formality and does not bother him at all. Then you can safely give your child your last name. The main thing is that the father remains a father in relation to the child, and not on paper.
- Kate
- 4 July 2021, 05:25
- ↓
I believe that in your situation, you have the right to demand the legalization of relations, because you should first of all think now not about yourself, but about the child, it will be a plus for him that he will be born in marriage and everyone has the same last name. Sorry, this is my opinion.
Dear author! If your common-law husband is in no hurry to legitimize your relationship, especially since you are pregnant, this does not characterize him from the best side. But this is only his moral responsibility. In any case, you have two options. You become a single mother, receiving your benefits from the state, no problems with your father’s consent to travel abroad, since there is a dash in the “father” column, but there is a big minus here - the lack of alimony in case you run away. Believe me, being a single mother is not a shame. The second option is that your partner adopts his own child, with all the ensuing consequences. Think carefully before you decide
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A child is happy not from the thought that he was born in marriage and everyone has the same last name, but from a normal, healthy atmosphere in the family, and it does not matter whether it is a complete family or the child has only a loving mother. By the way, I have different surnames with my boys born in marriage, because I did not take my husband’s surname, but left mine
Good luck, author, and have an easy pregnancy.
What does the law say about 300 days?
In the Family (Article 48) and Civil (Article 17) Codes of the Russian Federation, there are provisions defining the responsibilities and rights of the father of a baby born after a divorce, which can be briefly formulated as the presumption of paternity.
This is a law that has received the “popular” name - “300 days”. 300 is a non-random number that determines the maximum possible period of gestation for a baby. Based on the “300 days” law, the father of a child born within a period of 10 months (where the beginning of the period is the day of official registration of divorce) is considered to be the ex-spouse.
Why was this law adopted, whose rights does it protect? First of all, the rights of the minor are a priority. Every born person needs care, protection and material support from his first days.
That is why, if, within the terms of the above-mentioned law, a child is born to a single, recently divorced mother, then regardless of whether the ex-husband is the biological father or not, he “automatically” becomes the father of the newborn, acquiring all the accompanying rights and responsibilities.
This situation can be avoided in two cases: if the divorced father proves his “non-involvement” through DNA testing, or if the biological father contacts the registry office in time and formalizes paternity.
It should be borne in mind that the mother’s statement to indicate the name of the baby’s real father is not enough.
Is it possible to change my last name to my maiden name after a divorce?
The choice of full name is considered a personal right of a resident of Russia. The law provides anyone with the right to change their personal data. Personal data can be changed upon entering into a marriage, adoption or adoption, at the citizen’s own discretion.
How to change your surname to your maiden name after a divorce? After a divorce, a girl can apply to return to her maiden name, regardless of how much time has passed since the dissolution of the marriage.
For this procedure, the consent of the ex-husband is not required.
The exception is the surname of a common child. If a woman wants her children to also have their mother’s surname, then in this situation they should obtain permission from the father, which is certified by a notary office.
If a man does not have parental rights to a child, a permit document is not required.
To quickly change personal data, a woman needs:
- In case of administrative divorce, indicate your desire when filling out the form.
- During a divorce through bailiffs, after receiving a decision, contact the registration authority to confirm the divorce with a similar statement.
- After receiving the conclusion on the dissolution of the union, which indicates the last name received after this process, the woman should change her passport data in accordance with the legislation of the Russian Federation and the Federal Migration Service of Russia.
It must be remembered that, based on paragraph 2 of Article 19 of the Civil Code of the Russian Federation, changing the full name does not entail the termination and change of rights and obligations that were acquired before the divorce process , that is, the girl will need to notify the boss and the creditor, the debtor and other people about the incident.