Child’s name and surname change Printable versionLast update: 28.09.2020
Sometimes there is a necessity to change the name, surname and patronymic of a child for some reasons. It may occur in a case when father of the child changes his name or when both parents change their surnames and so on. We will look through each case in details in this article.
It should be started with the fact that according to the Code of the Republic of Kazakhstan “About marriage (matrimony) and family” the name is given to the child by the parents and their permission or by other legal representatives of the child. The patronymic assigns by the parents’ will on the name of the person indicated as his father.
You can give a separately written double name to your child but no more than two names. In the case when father has double name the child assigns the patronymic by one of two names or by cohesive writing of the both names of the father.
The name of the child is determined by the name of the parents. For different surnames of the parents, the child is given the surname of the father or mother by agreement of the parents.
Child’s surname is defined by the surname of one of the parents if their surnames are different. Child’s surname can be assigned from father’s name or the name of mother’s and father’s grandfather in accordance with the national traditions.
Disagreements between parents concerning the name and the surname of the child resolve in judicial order.
If paternity is not established, the name of the child is given at the direction of the mother, the middle name is assigned by the name of the person recorded as the father of the child, the surname - by the name of the mother or, taking into account national traditions, by the name of the child's grandfather.
Regarding the change of surname of the child, it is known that the surname of under aged child varies as the surname of both parents changes.
According to a joint statement by the parents, until the child reaches the age of sixteen, the registration authority, based on the interests of the child, allows the child’s name and the last name assigned to him to the surname of the other parent.
In case of termination of marriage (matrimony) or invalidation of marriage (matrimony) the child saves the surname that he was given at birth. It is father’s surname as usual. However, if parents live separately without registration of dissolution of marriage and the parent of the child with whom he lives wants to give the child his name then this issue is solved according to the interests of the child, taking into account the views of another parent, issued by a notary. In case of failure to establish the location of another parent and in case of the deprivation or restriction of his parental rights, legal incapacity, as well as in cases of avoiding maintenance and education of the child without good reason, the account of his opinion is not obligatory.
If parents live separately, being in an official divorce, and the parent the child live with wishes to assign his surname to him the registration authority solves this issue in the interests of the child without consulting the other parent.
Change of the name or surname of the child, attaining age of ten years made only with the consent obtained in the presence of legal representatives.