Can I change my last name? Legal advice
A surname is a generic name that indicates family affiliation and is passed down from generation to generation. However, in life there are times when a person is faced with the need to change it. Is it possible to change the name, and in what cases does the state allow it? Let's look for answers from lawyers.
Who and when can I change my last name?
The provisions of the Russian and Ukrainian legislation governing the procedure for changing the name are almost identical. Therefore, we will describe the general procedure, focusing on differences, if any.
Citizens of both countries have the right to change the name, only in Ukraine the law permits it to do so independently from 16 years old, and in Russia - after 18. Prior to this age, parental consent is required, which we will discuss later.
Surname change order
Change the name is easy. If you have the necessary documents, you will only have to visit the registry office twice: once - write a statement, the second - to pick up a new birth certificate.
Changing the name takes place according to the scheme:
1. You go to the registry office and fill out an application of the established form, indicating in it the reason for changing the name. The justified reasons from the point of view of the law are:
- inconsistency and difficulty in pronunciation. For example, it is difficult for a Russian-speaking person to pronounce words with a large number of consonants, and therefore surnames such as Chkhartishvili, Mkrtchan and the like can be changed at will of their bearer.
Is it possible to change the name that causes negative associations: Zabuldygin, Vonyaev, Yabalov, etc.? Many believe that such names affect their fate and abandon them. The law in such cases comes forward;
- conclusion and dissolution of marriage. In the first case, you can take the name of the spouse / spouse, in the second - give it up, returning your former one;
- adoption. However, even without official adoption, the law allows you to take the name of the person who brought you up (grandfather, grandmother, stepfather, etc.);
- other good reasons. Thus, the legislator makes it clear that this list is not exhaustive.
2. Simultaneously with the application, you hand over the following documents: passport, previous birth certificate, marriage certificate / dissolution certificate,birth certificates of children under the age of majority (if any), photo.
In Russia, you may be asked to write another autobiography in which you will need to mention when and where you registered acts of civil status (born, entered into marriage / divorced, etc.).
3. Pay the state duty: in Russia - 1000 rubles, in Ukraine - 5,1 UAH. *. The receipt is given to the employee of the registry office, who took your documents.
* Rates are valid as of September 2015.
Within 1 month in Russia and 3 months in Ukraine, the registry office will check the data provided, in parallel, figuring out whether your desire to change your name was caused by an attempt to escape from the investigation or to avoid paying alimony.
4. In case of a positive decision, you will need to come and get a new birth certificate, as well as an old passport, on the first page of which there will be a note about the need to replace it within a month.
Reasons for refusing the last name change:
- provision of false data (falsified documents, false reason for the change, etc.);
- being under investigation and the presence of outstanding conviction;
- You are on the international wanted list.
Since the law does not provide an exhaustive list of reasons for changing the name, as well as the reasons for refusal, in fact, the final decision rests with the registry office staff. Therefore, having received a negative answer, ask them for explanations on what basis your application was rejected.
But be prepared: they will try to dissuade you if your desire to change the family name is caused by the desire to call yourself the surname of your favorite actor or the advice of an astrologer. Is it possible to change the last name after receiving a refusal? It is possible, but already through the court.
What documents will have to change?
The change of surname entails the replacement of some documents. Without fail, you will have to replace your passport, TIN (given a month), a foreign passport (the replacement period is at your discretion, but you will not be able to get a visa and go abroad with an old document), driver's license. In Russia, this list is also the policy of the MLA.
Depending on your other obligations, you will have to take care of replacing other securities:
- reissue bank accounts and credit cards to a new name;
- redo the will;
- make changes to the documents that confirm your ownership (contract of sale or donation of a house / apartment, car, etc.);
- enter another last name in the medical record in the hospital;
- replace the name in the insurance policy for a car, real estate, etc .;
- request appropriate changes to the voter lists.
Everywhere will have to provide a new passport and TIN.
Not subject to mandatory replacement and change of diplomas and certificates, as well as employment records: in them, the personnel department inspector will cross out the old names and enter new ones, assuring the veracity of the information with the company's seal.
Is it possible to change the name of the child?
To the question “Is it possible to change the name of the child?” At the beginning of our article, we already answered yes. It remains to tell how to do it.
In which cases the law allows changing the child’s family name:
1. Up to 7 years:
2. After 7 years:
3Until the 14th anniversary:
1. Up to 10 years:
2. After 10 years:
3. Until the 14th anniversary:
All disputes between parents who have not come to a common opinion about changing the name of the son and daughter, the court decides.
In the registry office, you must provide a birth certificate for the baby and either ensure the presence of the father when drafting an application for changing the child's last name, or bring his written consent, certified by a notary.
The facts of death, incapacity, disappearance and neglect of parental responsibilities must be confirmed officially.What papers you need, prompted by the registry office staff.
Hopefully, our answer to the question “Is it possible to change the name?” Was complete and understandable. We just want to add: in making such an important decision, think again whether to abandon the name given by the ancestors, which is behind the history of the whole family.