Changing the child's first and last name if the parents live separately, having filed a divorce with the registering authority, and the parent with whom the child lives wishes to assign his last name to him, the registering authority resolves this issue in the interests of the child without taking into account the opinion of the other parent.
S. appealed to the court to the state institution "Office of the Akim of the Yesil district of the city of Nur-Sultan" (hereinafter referred to as the state Institution "Office of the Akim of the Yesil district"), third parties who do not make independent claims on the subject of the dispute, the state institution "Department of Education of the city of Nur-Sultan", the office of the akim of the Medeu district the decision of the City of Almaty on the recognition of illegal actions to change the child's name and surname, the obligation to restore the primary birth certificate, and the issuance of a new birth certificate. By the decision of the Yessil District Court of Astana dated May 16, 2019, the application of S. was denied. By the resolution of the Judicial Board for Civil Cases of the Astana City Court dated July 30, 2019, the decision of the court of first instance was changed. The court's decision regarding the refusal to satisfy S.'s claim to recognize as illegal the actions of the State Institution "Office of the Akim of the Esil district" to change the name of the child Asset to the name Asylbek, on the obligation to restore the primary birth certificate regarding the name of the child S. Asset, with the cancellation of the name change to E. Asylbek was canceled with the issuance of a new decision on the satisfaction of the claim in this part. The actions of the State Institution "Office of the Akim of the Yesil district" to change the child's name Asset to Asylbek were recognized as illegal. The court ordered the State Institution "The Office of the akim of the Yesil district" to restore the primary birth certificate in the part of the child's name, S. Asset, with the cancellation of the change in the part of the child's name, E. Asylbek. The court's decision regarding the refusal to satisfy S.'s claims on the recognition of illegal actions to change the child's surname from S. to E., on the obligation to restore the primary birth certificate of S. Asset with cancellation of changes to E. Asylbek, regarding the surname, the issue of a repeated birth certificate in the name of Asset Adiletula remained unchanged. The Judicial Board for Civil Cases of the Supreme Court changed the decision of the appellate instance regarding the cancellation of the decision of the court of first instance, and satisfaction of the claims of S. on the recognition of illegal actions of the State Institution "Office of Akim of the district "Yesil" of the city of Nur-Sultan" to change the name of the child Asset to the name Asylbek, on the obligation to restore the primary birth certificate in part the name of the child S. Asset, with the cancellation of the name change E. Asylbek, upholding the decision of the court of first instance on the following grounds. The court found that on August 8, 2015, S. and E. got married. On January 10, 2017, their son S. was born. By the decision of the Bostandyk District Court of Almaty dated May 15, 2017, the marriage between them was dissolved, the child's place of residence was determined with the mother. On September 18, 2017, E. She applied to the Civil Registration Department (hereinafter referred to as the RAGS Department) of the Akim's office of the Medeu district of Almaty with a request to change the child's last name to E., first name to Asylbek, patronymic to Adiletovich in connection with the dissolution of marriage.
By the conclusion dated September 21, 2017 No. 214, approved by the head of the Department of the RAGS Office of Akim of the Medeu district of Almaty, Ye.'s petition was granted. Based on this conclusion, the Department of the RAGS of the State Institution "Office of the Akim of the Yesil district" made appropriate changes to the birth certificate of the child. S. motivated his claims in this claim by the fact that the child's first and last name can be changed only upon a joint application from the parents, he did not give his consent to change the child's first and last name. In refusing to satisfy the plaintiff's claims, the court of first instance motivated the decision by the fact that the registering authority, when making changes to the registration record, acted in accordance with the Rules for Organizing State Registration of Civil Status Acts, Making Changes, Restoring, and Canceling Civil Status Records, approved by Order No. 112 of the Minister of Justice of the Republic of Kazakhstan dated February 25, 2015 (next, Rules No. 112). In changing the court's decision and partially satisfying S.'s claims, the court of appeal proceeded from the fact that E. – the mother of the child, who lives with her son separately from the father of the child, having filed for divorce with the registration authority, had the right, without the consent of the father, only to change the child's surname to her own surname. The registration authority had no right to change the child's name without the consent of his father. Indeed, in accordance with paragraph 4 of article 64 of the Marriage (Matrimony) and Family Code, if the parents live separately, having filed for divorce with the registering authority, and the parent with whom the child lives wishes to assign his last name to him, the registering authority resolves this issue in the interests of the child without taking into account the opinion of the other parent. That is, in this norm, we are talking about the possibility of assigning to the child the surname of the spouse with whom the child lives after the official dissolution of the marriage.
The same case is provided for in subparagraph 3) Paragraph 101 of Regulation No. 112. However, Regulation No. 112 provides for a special case in which the child's name may be changed. Thus, in accordance with subparagraph 15) of paragraph 101 of Rules No. 112, amendments to the records of acts of civil status
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