The Other Parent's Consent to a Child's Surname Change: What You Need to Know

Is the Other Parent's Consent Required?

Yes — as a general rule, changing a minor child's surname is only possible with the consent of both parents. This requirement exists to protect the child's rights and prevent one parent from acting unilaterally behind the other's back. In my practice, I frequently see this become the central sticking point — particularly when parents are divorced or living in different cities.

Key points:

• The other parent's consent must be formalised and notarially certified.
• The document is drawn up in relation to a specific child, stating both the current and the proposed new surname.
• In certain circumstances, the law permits a surname change without the other parent's consent — see details below.
• All notarial fees and precise document requirements should be confirmed with your notary at the time of your appointment, as rates are periodically revised.

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How Notarial Consent Is Formalised

The consenting parent attends the notary's office in person. The other parent and the child are generally not required to be present — only the person signing the document needs to appear.

I always recommend preparing all necessary documents in advance and checking with your notary whether anything additional is required for your particular situation.

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Documents to Bring

• Passport of the parent giving consent
• Child's birth certificate
• Where relevant — divorce certificate or other documents confirming family status
• If the proposed new surname is already known, have its exact spelling confirmed in advance

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When the Other Parent's Consent Is Not Required

Uzbek law provides for situations in which a child's surname may be changed without the other parent's consent:

• The other parent has been deprived of parental rights — in this case, the decision is made without their involvement.
• The other parent's whereabouts are unknown — documentary confirmation is required (typically a certificate from the relevant authorities).
• The other parent has been declared legally incapacitated — a court ruling is required.
• The other parent evades participation in the child's upbringing and financial support — this fact generally also requires documentary evidence.

In each of these scenarios, the required set of documents will differ. I strongly recommend seeking a consultation before gathering paperwork — it will save you considerable time.

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FAQ

Can consent be arranged remotely if the other parent lives in a different city?

Yes. The parent may attend any notary at their place of residence to have the consent notarially certified, then send the document by post or via a trusted representative.

Is consent required if the child is already 14 years old?

Once a child reaches a certain age, their own wishes are also taken into account. The exact procedure depends on the specific circumstances — please confirm with your notary.

How much does it cost to have consent certified by a notary?

Fees should be confirmed with your notary at the time of your appointment, as rates are periodically revised.

How long is notarial consent valid?

As a rule, validity is not time-limited unless the document itself specifies otherwise. However, individual authorities may impose their own requirements — confirm this at the point of submission.

What can be done if the other parent refuses to give consent?

In that case, the dispute must be resolved through the courts. A notary cannot compel a parent to give consent — that authority rests exclusively with a judge.

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In Summary

Changing a child's surname is a procedure that demands careful attention to detail. Notarially certified consent from the other parent is a mandatory document in most cases, and it is best planned well in advance — especially when the parents live separately.

*The information in this article is of a general informational nature and does not replace an individual notarial consultation. Every situation is considered individually in light of the specific circumstances and applicable legislation.*

If you need to formalise consent for a child's surname change, or wish to clarify the details of your situation, please contact my notarial office in the Yunusabad district of Tashkent. I will do my best to help you understand the process and prepare all the necessary documents.