SURNAME OF A MARRIED CHILD
Very often parents before the birth of their child wonder what name the new family member will get, whether they have the right to choose or not in this regard. This issue is regulated by the provisions of the Family and Guardianship Code, specifically Article 88 of the cited act. At the outset, it should be pointed out that this regulation will apply only to a child to whom Article 62 of the Family and Guardianship Code, that is, the presumption of the child’s descent from the mother’s husband, will apply.
In light of legal regulations, a child presumed to be descended from the mother’s husband will, as
a rule, bear a surname that is the surname of both spouses. Sometimes, however, it may happen that the spouses have different surnames. In such a situation, the child will bear the surname indicated in their consensual declarations. Importantly, spouses may indicate the surname of one of them of them or a surname formed by combining the surname of the mother with that of the child’s father.
Regarding the child’s surname, it should be emphasized that any declarations on the child’s surname are made by the parents simultaneously with the declarations on the names that the spouses will bear. Importantly, however, if the spouses have not made consensual declarations on the child’s surname, the minor will bear a surname consisting of the mother’s surname and the father’s surname attached to it. Importantly, in this case it is not possible to change the order of surnames.
The provisions of the Family and Guardianship Code also provide for the possibility of changing the surname of the child indicated by the spouses or making a declaration in a situation where the child’s name has not been indicated by them. However, such a situation applies only in the case of drawing up the birth certificate of the first joint child.
Of course, there is often a situation in which a child is born before the parents are married. In such
a situation, the parents of the child are obliged to comply with all the rules previously cited. In practice, this means that the child’s surname will be determined either by the parents’ failure to make
a statement at the time of marriage as to the surname of their children, or by their making a statement to this effect, or by making a later statement to the head of the USC. Importantly, in the above situation, changing the name of a child who has reached the age of 13 requires the child’s consent.