The spouses have different surnames. What surname can be given to a child at birth

05.03.2020

It is known that women aged 18 to 29 are considered the most superstitious. About a quarter of them are ready to believe in literally everything that defies common sense and has no logical explanation.

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Surname: signs before and after marriage

By itself, it usually does not carry anything negative. Unless a person was lucky enough to get her dissonant or funny, which became the subject of ridicule. But the sign of changing the surname already exists and remains very relevant for both the bride and groom, and for those who themselves want to start life from a new sheet with an updated passport.

Sign about the surname before the wedding

Today, when almost every one of us leads an active virtual life in social networks and on forums, more and more often girls ascribe to themselves the name of their boyfriend or future husband even before the official marriage. What threatens such a virtual change of surname? Signs say that you should not voice your future surname to anyone at all before the wedding - this can lead to discord even in the strongest relationship.

It will turn out to be a kind of evil eye - when the person himself jinxed his future happiness, and it left him. By the way, self-evil eye is one of the most powerful types of evil eye, which is almost impossible to get rid of.

The sign "the spouses have one surname" is interpreted in two ways. It is believed that even the coincidence of one letter in the surname (the first one) is not a very good sign. Allegedly, such a marriage will not change anything in the fate of the newly-made husband and wife - everything will remain the same for them. And if you don’t have to change your last name, then even more so. On the other hand, that lies a certain positive - if everything was “in openwork” before the wedding, then such a sign will only be at hand. This means that nothing will change in legalized relations with your soulmate, and nothing in life will change for the worse.

Thus, if, by entering into marriage, you hope to change something radically in your life, then choose a husband (wife) with a diametrically opposite surname. If such a task is not worth it, do not pay attention to this sign at all.

Take your husband's surname: signs

There is a well-established tradition - the wife takes her husband's surname. But, according to popular wisdom, a woman who changes part of her full name changes her fate. And she also becomes part of a new kind for herself - the kind of her husband. And if there was a family curse in this family, some kind of vow and so on, all this will fall on her head too. On the other hand, family luck can also pass along with a new surname.

According to numerology, the name, patronymic and surname form in translation into numbers

“Honey, why do you always call me not by my first name, but by my last name?” – the guy is interested. “Oh, I really, really like her,” the girl admits and adds: “I want the same for myself.” An unambiguous remark, isn't it? According to statistics, more than 80 percent of women take their husband's surname when they marry. But about 15 percent of brides after the wedding remain with their maiden name, and 5 percent choose a double one.

A strange ratio, given that in Rus' the wife traditionally bore her husband's surname, as if to confirm the words "Husband and wife are one Satan." And even today, according to psychologists, the change of surname, as it were, proves to the spouse the seriousness of the intentions of the beloved, her mood for a long family life and the desire to be with him "both in sorrow and in joy."

In our time, she has the right to choose, confirmed by law. Article 32 of the Family Code of the Russian Federation states that “the spouses, at their own request, choose the surname of one of them as a common surname at the time of marriage, or each of the spouses retains his premarital surname, or, unless otherwise provided by the laws of the constituent entities of the Russian Federation, adds to his surname surname of the other spouse.

But what justifies the choice not in favor of the husband's surname?

AGE. According to the observations of the employees of the registry office, most often they refuse to change the surname of a bride of mature age. This is due to the inevitable difficulties associated with the mandatory change of documents. And there are a lot of them: passport, TIN, medical policy, insurance, driver's license, credit cards, and so on.

The unsoundness of someone else's surname. Would you agree if the future husband had the surname Durov or Musorenko? Most likely not, thinking that after all, your children, and, possibly, your grandchildren will be Durovs or Musorenko, which classmates will certainly laugh at.

However, this is a moot point. Suffice it to recall the famous Durov circus dynasty, which gave the world four people's artists. In general, to paraphrase a well-known proverb, it is not the name that makes a person beautiful. Although many public people think otherwise. So the famous Nastya, singing in a duet with Potap, became Kamenskaya through her mother, abandoning her paternal surname Zhmur.

SOUNDNESS of one's own. These, firstly, include the names of Russian tsars, nobles or natural phenomena: the Romanovs, Obolenskys, Tsvetaevs, Zhemchuzhins, Gromovs and the like. Secondly, these are surnames with endings in -ie or -ich, for example, Volkonsky or Vashkevich.

PRESERVATION of the genus. Today, many are interested in their pedigree, and they perceive the surname not as a line in the questionnaire, but as belonging to the family, because originally the word “surname” itself meant “family, family members”. In the "New Dictionary of the Russian Language" edited by T.F. Efremova clarifies:

- An inherited family name added to a personal name and passed from father to children.

A series of generations descended from the same ancestor.

And if you are the last in the family, and it depends only on you, will the next generations inherit the surname of their ancestors?

By the way, among the noble families of Russia there are many surnames that are not distinguished by grace. The same Kozlovs are represented by several different families at once, and the Abolduevs or Obolduevs are representatives of the oldest noble family, dating back to the 17th century.

PROFESSION. If, before the wedding, a girl of a creative profession has already declared herself on stage, on a screen, on a podium or in literature, or has achieved success in business, then she is unlikely to easily agree to part with her surname, which has become a certain brand with a quality mark.

In general, there are many reasons why wives keep their maiden names. What challenges might they face in the future?

  1. An explanation to the child, as well as to teachers, doctors and other specialists working with him, why he has one surname, and his father or mother another.
  2. Problems in traveling abroad with a child, but without a husband, whose last name he bears.

The right to a surname, name and patronymic is acquired by a child from the moment of birth and is enshrined in both international and Russian legislation. The name of the newborn receives by agreement of the parents. Employees of the registry office have the right to refuse if the chosen name does not meet the requirements of the law. The patronymic is assigned in accordance with the name of the father and cannot be determined by agreement of the parents. The surname of the child is also not chosen freely. It is determined by the data of the spouses.

The question of how to give the child his last name may arise from one of the parents if the data of the mother and father are different. If such a problem occurs, you should be guided by the requirements of legislative acts.

The child receives a surname when making a record of his birth in the registry office. This information is indicated on the birth certificate. A newborn may receive the surname of the mother or father, unless a different procedure for obtaining it is provided for by the legislation of the subject.

Important! In 2017, changes were made to the Family Code. Now the child can get a double surname, consisting of the surnames of the parents, which are joined to each other in any order with a hyphen. Previously, a child could get a double surname only if at least one of the parents had it.

In this case, such a surname should consist of two parts. It is forbidden to use a different joining order when forming the surname of siblings.

If the father and mother of the newborn cannot reach an agreement on the surname and name of the child, this dispute is resolved by the guardianship authorities. At the same time, employees of the OOiP should be guided by the interests of the minor and take into account various factors, including the euphony of these data, which may adversely affect the future of the child.

If a newborn is left without parents, the surname or first name is given to him by legal representatives, guardians or trustees in the general manner.

The procedure for assigning a surname to a child if the parents do not have a marriage registration

If the marriage between the parents is not registered, the question inevitably arises: is it possible to give the child the father's surname. Legislation exhaustively resolves this problem.

If at the time of the birth of the child the parents are not in an officially registered marriage, the newborn can be given the surname of one of them. An entry about the father is made on the basis of the recognition of paternity by a citizen through an application. At the same time, in the absence of registration of marital relations between spouses, the father does not need to go through the adoption procedure. When making a birth record, a citizen submits a written application for recognition of paternity, and on the basis of this, the child can be assigned his surname. The mother of the minor at the same time confirms her consent.

If the man refuses to acknowledge paternity, the father's record may be entered on the basis of a court order. In such a case, the child also has the right to receive the father's surname. If at the time of issuing a certificate to a newborn, his father is not officially established, he will receive the surname of the mother. Subsequently, it will be possible to change it after establishing paternity in court.

If the parents are not married, but the father recognizes the child as his, his presence is required when obtaining a birth certificate for the newborn to apply for paternity. Otherwise, the child will receive the mother's surname, since the fact that the child has a father has not been confirmed.

The procedure for obtaining a surname by a child if the father is absent

The surname of the father is assigned to the child, only with the consent of the man and the recognition of his father as a minor. Registration of family ties with children in the prescribed manner entails the emergence of certain rights and obligations, therefore, it is possible to recognize a citizen as the father only with his consent or during the trial.

If the father of the newborn has died or his parents are divorced, he can take on the father's surname. At the same time, more than 300 days should not elapse from the date of divorce or death.

If a child is born during this period, paternity is automatically recognized and remains in effect until revoked by a court order. Accordingly, the child can receive the father's surname. It can be changed if paternity is challenged in court and the plaintiff's claims are satisfied.

A single mother has the right to give her child her last name when making a birth record in the registry office. If paternity has not been established, the child receives the name and patronymic also by the decision of the mother.

Change of child's last name

The law establishes the possibility of changing the name or surname of a child under the age of 14 at the request of the parents and with the permission of the guardianship authorities. If the spouses are divorced, the guardianship authority must necessarily agree to this procedure from both parents. Employees of this institution, when resolving the issue, will act in the interests of the minor. Also, when the child reaches the age of 10, his consent will be required to change the surname or name.

Changing the child's data without the permission of the second parent is possible in the following cases:

  • If the other parent is dead.
  • The father or mother of a minor is deprived of parental rights.
  • The location of one of them has not been established.
  • The other parent evades the payment of alimony and / or fulfillment of his obligations to raise a minor.
  • At the time of the citizen's birth, the relationship between the parents was not registered.

If the child has reached the age of fourteen, he can change the data on his application.

Changing the name or surname of a child is also possible upon adoption. In this case, the adoption of a minor and the change of his data are established in the judicial process. Changes to the registration record are made on the basis of a court decision. Subsequently, it will be possible to change the surname or name of the child only with the permission of the guardianship authorities.

Possible problems and difficulties if the mother and child have different surnames

If, after a divorce or the death of a father, a child lives with his mother, and they have different surnames, difficulties may arise primarily due to the non-obvious relationship.

To avoid various problems, you should enter information about the newborn in the mother's passport in the "children" column. This can be done at the passport office on the basis of the birth certificate of a small citizen, which must indicate the data of the mother and father.

Difficulties may arise in various institutions, therefore, when contacting such authorities, you should have a complete package of documents with you confirming the change of surnames by the mother and the fact of family ties with the child. Such papers, depending on the situation, may include:

  • Child's birth certificate.
  • Certificate of divorce with a note on the change of the mother's surname.
  • Certificate of registration of marital relations, if the mother remarried and changed her data.
  • Marriage certificate obtained from the registry office and confirming the existence of marital relations in the past.

Also, problems may arise when traveling with a minor citizen abroad. In this case, documents confirming the relationship will also be required. To avoid difficulties, an official translation of the birth certificate of a small citizen may be required. It can be done at the consulate of the country you plan to visit.



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