Supreme Court: A child's perception of their surname is primarily shaped by the mother’s influence, not by peers' mockery

On July 13, 2026, the Supreme Court, sitting as a panel of judges of the First Judicial Chamber of the Civil Cassation Court, considered case No. 686/12632/25 regarding the dispute over changing the surnames of two minor children without the father's consent and upheld the decisions of the lower courts refusing the claim.

The ruling is important for family dispute resolution practice, as the Supreme Court clarified that a child's desire to change their surname, the lack of consent from one parent, and even references to mockery because of the surname must be assessed solely through the lens of the child's best interests.

Case circumstances

The mother of two minor daughters applied to the court demanding to change their surnames to her own after the dissolution of her marriage with the children's father.

She stated that the children live with her, the respondent does not participate in their upbringing, shows no interest in their lives, and the daughters want to have the same surname as their mother and younger sister.

Additionally, the plaintiff claimed that peers allegedly mock the children’s paternal surname.

The courts of first and appellate instances denied the claim. They found that the plaintiff did not prove the father's conscious and intentional failure to fulfill his parental duties, did not confirm the existence of problems for the children due to their surname, and did not prove that changing the surname would be in their best interests.

The courts also took into account that the father pays child support, tried to participate in raising the children, and that there was a separate court dispute between the parties regarding the father's visitation rights with the daughters.

Supreme Court's position

The Supreme Court indicated that when resolving a dispute about changing a child's surname, the parents' fulfillment of their duties toward the child and other circumstances demonstrating that the surname change corresponds to the child's interests are taken into account.

If the parent living separately maintains close relationships with the child and continues to participate in their upbringing, then it is not advisable to facilitate alienation between the father and child, including by changing the surname.

At the same time, the objection of such a parent is not an unconditional ground for refusal to change the surname if circumstances justifying and supporting such a decision are proven.

The court stated that the plaintiff must prove with proper and admissible evidence the fact of the respondent’s conscious and intentional neglect of the child's physical and spiritual development, as well as that changing the child's surname to the mother's surname will be in the child's best interests.

The Supreme Court pointed out that the lower courts reasonably concluded that it was not proven that the father consciously and intentionally neglects the physical and spiritual development, education, and upbringing of the children, does not visit the daughters, and does not provide for them financially, nor that changing the surname would be in the best interests of the children and promote their psychological and harmonious development.

The court noted that arguments about the father's withdrawal from upbringing do not refute the courts' conclusions, since it was established that there was a dispute between the parties regarding communication with the children, the father pays child support, intends to maintain relationships with them, and participate in their upbringing, which together with other case circumstances is not grounds for changing the surnames of the minor children under part five of article 148 of the Family Code of Ukraine.

Separately, the Supreme Court emphasized that a child's perception of their surname largely depends on the mother's conscientious fulfillment of her duty and the absence of negative judgments from her side.

Thus, at present, there are no grounds to consider that the father's surname contradicts the children's interests.

The court also noted that the courts took into account the equality of both parents' rights and that as the children mature, they will be able to express their opinion regarding the choice of surname, while given their young age, there are currently no grounds for changing the surname.

Therefore, the Supreme Court upheld the decisions of the lower courts refusing to change the surnames of the two minor children.

Additionally, read about how a mother requested to change her child's surname due to possible bullying in Poland and what the Court decided.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp pages, and follow us on Facebook and Instagram to stay updated on the most important events.