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Author: Ilona Melnychuk, attorneyThe key points in brief
After a divorce, the parent with whom the child remains often wants the child to bear the same surname as them, especially if the mother has returned to her pre-marital surname. The law of Ukraine allows this, but the very fact of the dissolution of the marriage does not grant such a right: clear rules on consent apply. This is one of the most common questions people bring to a family attorney after a divorce, and at the same time one of those surrounded by the most myths. Below we explain whose consent is needed, from what age the child’s own opinion is taken into account, when the guardianship authority and the court become involved in the case, which documents to prepare and how much it costs as of 2026.
Yes, a child’s surname can be changed after a divorce, but not automatically and not at the wish of only one parent. The dissolution of the marriage by itself does not change the child’s surname and does not vest the mother or father with a sole right to do this. The general rule of Article 148 of the Family Code of Ukraine applies: the child’s surname is determined by both parents jointly, since they have equal rights and obligations regarding the child regardless of with whom the child lives. Therefore, even if after the divorce you changed your own surname, for example returned to your maiden name, the child’s surname remains the one recorded in their birth certificate until you go through a separate procedure. We told in detail how to arrange your own surname in the material Choosing a surname after divorce; this article is devoted exclusively to the child’s surname.
To change a child’s surname, the consent of both parents is required, and if the child has turned seven, then additionally the consent of the child. This directly follows from Article 148 of the Family Code: in the event of a change of surname of one of the parents, the child’s surname may be changed with the consent of both parents and with the consent of a child who has reached the age of seven. In practice this means that the parent with whom the child lives cannot re-register the surname on their own: a written, and most often notarized, document of consent from the other parent is required. Consent can be arranged in two ways: both parents personally submit a joint application to the registration authority, or the parent who cannot be present provides a notarized written consent, which is attached to the application. If you are divorcing by mutual consent and have a common child, the general procedure for such a divorce is described in the material Dissolution of a marriage by mutual consent, but the question of the child’s surname is decided separately from the divorce itself.
The child’s consent to a change of surname becomes mandatory from the age of seven. Before the age of seven, the decision is made by the parents, and the child’s opinion is taken into account to the extent that they are able to express it. From the age of seven, a surname cannot be changed without the child’s consent, even when both parents have agreed between themselves. Here it is important not to confuse two different age thresholds. Seven years is the age from which the child’s consent is required for a change of surname initiated by the parents under Article 148. And fourteen and sixteen years relate to the teenager’s independent right to change their name under Article 295 of the Civil Code, which we will discuss in a separate section below. Because of this difference, many mistakenly believe that the child’s consent is required only from the age of fourteen, although in fact for a change of surname by the parents the threshold is lower.
If one parent objects to the change of the child’s surname, the dispute is resolved by the guardianship authority or the court. This is directly provided for by Article 148 of the Family Code. When resolving the dispute, how each parent fulfills their obligations regarding the child is taken into account, as well as other circumstances that attest that the change of surname corresponds to the interests of the child. In other words, the decisive factor is precisely the interest of the child, not convenience, resentment or a desire to squeeze the former partner out of the child’s life. Attempts to change a surname out of revenge are assessed critically by the courts. Therefore it is worth gathering evidence in advance: who actually maintains and raises the child, whether the other parent takes part in the child’s life, whether they maintain a relationship with them, whether they pay alimony. If alimony is not paid, this is a weighty argument; we handle the question of its recovery within the service Recovery of alimony.
The consent of the other parent is not required if they are deprived of parental rights, declared missing or incapable, or persistently evade the upbringing and maintenance of the child. In such cases the child’s surname can be changed on the application of the parent with whom they live, with the participation of the guardianship authority. Each of these grounds must be confirmed by documents: a court decision on the deprivation of parental rights, a decision on declaring a person missing or incapable, evidence of systematic evasion of parental obligations. It is important to understand that simply a conflict with a former husband or wife, the absence of communication, or living abroad are not in themselves such grounds. The guardianship authority or the court assesses each situation separately, in view of the real circumstances of the child’s life. For example, a temporary departure of one parent for work abroad, provided that they maintain contact and take part in the maintenance of the child, is usually not considered evasion of parental obligations.
The guardianship authority considers the question of changing a child’s surname when there is no agreement between the parents, and makes a decision guided by the best interests of the child. Consideration usually takes about a month. The applicant submits a written application, the child’s birth certificate, the divorce certificate, documents about the child’s place of residence and evidence in support of their position. The guardianship authority may take into account the child’s own opinion, their relationships with each parent, their habits and attachments, and also whether the change of surname will cause the child undue stress. The commission on the protection of children’s rights prepares a conclusion, on the basis of which a decision is made. It is not final in the sense that either parent who disagrees with it has the right to apply to the court and raise the question on the merits in court proceedings. Therefore, in practice, the conclusion of the guardianship authority often becomes not the end point but a weighty piece of evidence in subsequent court proceedings.
A child’s surname is changed through the court when the guardianship authority has refused or when one parent fundamentally contests the change. The interested parent files a claim in civil proceedings with the local court. The court fee for a claim of a non-property nature for an individual in 2026 is about UAH 1,331, which equals 0.4 of the subsistence minimum for able-bodied persons; from 1 January 2026 this minimum is UAH 3,328. In court you need to prove that the change of surname corresponds to the interests of the child: to submit evidence of the participation or non-participation of the other parent in upbringing, certificates of payment or non-payment of alimony, character references, and, if necessary, a conclusion of the guardianship authority. The court hears both parties, and if the child has turned seven, takes their consent into account. A court decision that has entered into legal force is the ground for making changes to the child’s birth record. The consideration of such family disputes is rarely simple, so it is worth enlisting the support of an attorney who will help gather the evidence base and present the position precisely in the best interests of the child, rather than in the plane of the conflict between the parents.
The basic package for changing a child’s surname consists of an application, the child’s birth certificate, the passports of both parents, the divorce certificate, as well as the written consent of the other parent and the consent of a child from the age of seven. The registration is carried out by the civil status registration office, that is, DRATsS, which makes changes to the birth record and issues a new birth certificate. The application is usually submitted to the DRATsS office at the parents’ place of residence or at the place where the child’s birth record is kept, and abroad through a diplomatic mission or consular institution of Ukraine. The state duty for such registration is symbolic and is about UAH 0.34, that is, 0.02 of the non-taxable minimum income of citizens, for issuing a new birth certificate; higher rates for registering a change of one’s own name relate to a separate procedure for adults and teenagers under Article 295 of the Civil Code. If there is no agreement between the parents, a decision of the guardianship authority or a court decision is added to the package. The divorce certificate will be needed as confirmation of your status; how it differs from an extract and how to obtain it, we explained in the material Certificate of dissolution of marriage. In addition, it is worth budgeting for the notarization of the consent, approximately a few hundred hryvnias, and, if necessary, for updating the child’s other documents.
After the change of surname, the child’s birth record is first updated and a new birth certificate with the new surname is issued. Then, on the basis of this certificate, the surname is brought into conformity in other documents and registers: in the taxpayer card (RNOKPP), at the educational institution, in medical documents, and, if any, in the child’s foreign passport and travel documents. If the child has their own foreign passport, it will have to be reissued with the current surname. We advise drawing up in advance a list of institutions where the old surname appears, so as not to miss any: the bank where an account is opened in the child’s name, insurance policies, documents for property registered in the child’s name. This is a routine but important part of the procedure, since a discrepancy of surnames in different documents may later complicate the arrangement of an inheritance, travel abroad or admission to an educational institution.
A teenager from the age of fourteen can change their surname on their own application, but with the consent of the parents, and from the age of sixteen, as a general rule, independently. This is a fundamentally different procedure than the change of a young child’s surname by their parents: it is regulated by Article 295 of the Civil Code of Ukraine and the rules for considering applications for a change of name. That is, for a child under fourteen the surname is changed by the parents under Article 148, while a teenager from fourteen already initiates the change themselves under Article 295. An application to change a name, which the law also includes a surname, is submitted to the DRATsS office at the place of residence. Consideration as a general rule takes up to three months and, if there are valid reasons, may be extended, but by no more than another three months. The parents’ consent in this case relates to the very procedure of the teenager changing their name and is drawn up in writing. After a teenager who already has a passport changes their surname, the document must be exchanged within a month, otherwise it will become invalid.
No. The dissolution of the marriage does not change the child’s surname. Even if you returned to your pre-marital surname, the child remains with the surname indicated in the birth certificate until you arrange the change through a separate procedure.
Only in cases defined by law: if the father is deprived of parental rights, declared missing or incapable, or evades upbringing, and also by a decision of the guardianship authority or the court when it is proved that the change corresponds to the interests of the child. Simply the father’s unwillingness cannot be overcome unilaterally.
From the age of seven. For a change of surname initiated by the parents under Article 148 of the Family Code, the consent of a child from the age of seven is mandatory. Do not confuse this with the ages of fourteen and sixteen, when a teenager already changes their name themselves under Article 295 of the Civil Code.
The state duty for making changes to the birth record at DRATsS is symbolic and is about UAH 0.34 for issuing a new certificate. If the question is resolved through the court, the court fee for a claim of a non-property nature in 2026 is about UAH 1,331. Add the costs of notarizing the consent and updating documents.
The mother’s remarriage by itself does not give the right to assign the child the stepfather’s surname. For this the consent of the biological father is still required, and if it is a matter of fully acquiring the status of father, then adoption. Without this, the same rules of Article 148 on the consent of both parents apply.
No, these are separate matters. Surname and patronymic are changed on different grounds. The child’s patronymic, as a general rule, may be changed in the event of a change of the father’s own name or within the procedure of changing a name under Article 295 of the Civil Code. A change of surname by itself does not affect the patronymic.
If there is consent of both parents, registration at DRATsS is relatively quick. Consideration by the guardianship authority usually takes about a month, the formal procedure of changing a name for a teenager takes up to three months, and court proceedings, depending on the complexity of the case, may take several months.
Do not rush. A change of surname affects the child’s identity, so it is important to take their opinion into account and not to do this under the influence of emotions or conflict with a former partner. If support is needed to get through this period more calmly, the material How to survive a divorce will be useful.
Ilona MelnychukAttorney, Lexon law firmSpecializes in family, civil, and commercial cases. Over 15 years of practice: representing clients’ interests in courts and negotiations.Author: Ilona Melnychuk, attorney In Brief You can dissolve a marriage through the registry office (DRATS, the body for the state registration of civil status
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