How to register a child with his father
In accordance with Article 20 of the Civil Code, the place of residence of a minor child is the place of residence of his parents or legal representatives.
Accordingly, within 7 days after a change of place of residence, the child is obliged to register at the new place of residence, or rather, his legal representatives or parents do this for him.
Parents contact the Ministry of Internal Affairs department with the following documents:
- child's birth certificate;
- parents' passports;
- registration application.
Registration authorities review the application and within 3 working days issue a certificate of registration at the place of residence, which is attached to the birth certificate. The certificate itself can only be stamped with a citizenship stamp and nothing more; no registration marks are placed on it!
Now let's consider a situation where the parents are divorced, and the child must be registered with the father.
To obtain registration, the father of a minor child must submit the following package of documents to the Ministry of Internal Affairs at the place of future registration:
- registration application;
- passports of both parents;
- child's birth certificate;
Registration (registration) of a minor is free of charge; There is no need to pay any state fees.
But if a minor child is not registered anywhere, then a fine of 2,000 to 2,500 rubles may be imposed on the parents. – for individuals; in Moscow and St. Petersburg - from 3,000 to 5,000 rubles.
Procedure for registering a minor child separately from his parents
The procedure for registering a child is regulated by the Federal Migration Service and Resolution 28 of the Government of the Russian Federation (with the latest amendments in 2013). According to them, registration without parents is possible, but not in all cases.
resolve this issue, you must either contact the MFC (multifunctional administrative service centers) or the passport office .
Registration of a child under 14 years of age without parents
Children under 14 years of age can only be registered with their parents. Moreover, it is necessary to choose exactly the place of current residence, regardless of the form of property ownership. That is, if the apartment or house is rented and the parents do not own it, then registration should be done at this address (according to State Duma Resolution 5242-1).
IMPORTANT!
Ask
agreement
from the owner of the house or apartment for the registration of the child -
not necessary
. If the child’s parents live there temporarily, it means that they have in fact already been granted the right to temporarily dispose of the property (according to the lease agreement).
Fixing the place of registration of the child at the current place of residence does not in any way affect the right to own real estate. Moreover, children under 18 years of age, in principle, cannot dispose of property - it will belong to their legal representatives.
There are still exceptions to the rules:
- the parents were deprived of parental rights (according to a court decision, the baby is transferred to state guardianship);
- the parents died and the child was left an orphan (in this case, the state or a close relative acts as a temporary guardian);
- We are talking about a child and parents who are citizens of another country, but are currently forced to live in the Russian Federation (received refugee status, return entry into the country is closed, illegally crossed the border).
You can find out about the rules and procedure for registering children of foreign citizens at their place of stay on our website.
What documents are required for registration?
If we are talking about a newborn, then only
birth certificate
, a statement from the mother, a certificate of the biological father’s current place of residence.
You can register your baby at any living space owned by the parents. But if the father has the registration, then a statement is required from both him (to confirm the absence of a claim) and from the mother. The application from the father must also be certified by a notary.
Registration of a child without parents after reaching the age of 14
Upon reaching the age of 14, a child is assigned a wider range of personal rights. can already register separately at this age
Also, on our website, you can find out how to register a child with his grandmother.
The only caveat is that they are required to obtain the consent of legal representatives. That is, to register a new place of residence, you must submit the following documents:
- Passport;
- Application (written personally by the applicant, that is, a minor);
- Parental consent (or notarized copies);
- Passport of one of the parents;
- A certificate confirming that the child is not registered with the other parent;
- Consent of the owner of the property (even if this is a close relative or a parent actually owns this property, although he does not currently live in it).
The application itself is confirmed within 3 days. During this period, parents have the right to change their decision.
IMPORTANT! If, according to some rules, a child subsequently loses his right to registration in a particular living space (for example, he is sold or arrested), then he must be registered in a new place or with one of his parents as soon as possible.
It is also worth noting that a child can apply for a change of registration only at the actual place of current residence of one of the parents. That is, if they live, for example, in St. Petersburg, and the child lives in Moscow, then in order to change his registration he will have to go to St. Petersburg and contact the local authority responsible for registering his place of residence.
After the child has changed his registration, neither the father nor the mother will be able to cancel it . Only if the minor himself expresses such a desire or this is a legal requirement of law enforcement agencies.
How to register a child without the consent of the owner
Despite the fact that registration requires the consent of the tenant or owner of the premises, this rule does not apply to a child.
When registering a child, the consent of the homeowners or other persons living with him is not required. If the registration authorities require such consent and, on this basis, refuse to register the child, take a written refusal from them and go to court.
But here we should make a small reservation that it is impossible to register a child with his father if, in accordance with a court decision, he must be and live with his mother (or vice versa). It will also be denied to register a child with a parent who has been deprived of parental rights.
In accordance with the law, a minor child can only be registered with the mother or father (or a legal representative). Options for registration with grandparents and other relatives are considered only if they are the legal guardians of minors.
But in practice, it is possible to register the child separately from the parents. This is only possible for persons over 14 years of age. And in this case, the consent of the owner of the premises and the persons living with him is required to submit documents!
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One of the parents disagrees
The fundamental principle in the issue of registration of children is Article 20 of the Civil Code of the Russian Federation. It states that the place of registration of a minor child should be the place where his parents live.
Most decisions in disputes between spouses are made based on the wording of this article of the code.
Most disputes between parents regarding the choice of place of registration of the child end in registration without the consent of the objecting party. Moreover, a document such as the consent of a parent interfering with this procedure is not mandatory by law
. This way the issue is resolved if:
- Both parents own the apartment as owners;
- Both parents have a residence permit in the apartment.
That is, if the apartment belongs to both parents, and for example , the father opposes the child’s registration, then the mother can, without his consent, draw up a document to register the baby in the apartment where she lives.
Good to know
: if one of the spouses is among the owners
privatized apartment
together with relatives, and the other only has a residence permit, then
second
a parent can register a child not only without the consent of the other, but even without approval
the rest
participants in the privatization of living space (parents, brothers, sisters, grandmothers).
How to register a newborn with his father
The first thing you need to start the registration procedure is to obtain a birth certificate. It is issued by the civil registry office upon presentation of the parents’ passports, marriage certificate and child’s birth certificate.
It is worth noting that a birth certificate from the maternity hospital is only valid for 1 month, so you should not delay going to the registry office.
Childbirth can take place in different situations, so if, for example, a child was born to a private practitioner, then it is he who issues the appropriate certificate. If the birth took place unplanned, in a place where there was no doctor or hospital, then in this case the document confirming the fact of the birth of the child will be a statement from the person who was nearby at the time of birth.
If the parents of a newborn are married, then any of them can submit an application to the registry office (a marriage registration certificate is attached). The presence of the other parent is optional.
If at the time of the birth of the child the parents are not married, then the father must write a statement recognizing paternity. If the father is absent, then his data is recorded from the words of the mother or a dash is placed in the “father” column.
If it is not possible to provide a document certifying the place and time of birth of the child, then this fact is established in court, and a copy of the court decision that has entered into legal force is provided to the registry office.
After receiving the certificate, the child’s registration with one of the parents proceeds on a general basis.
Refusal of registration
According to the instructions of a representative from the Federal Migration Service, the grounds for refusing to register children at their place of residence are most often:
- errors when filling out documents or when submitting an application (the form must be issued along with the sample);
- the property is shared and one of the owners does not allow the child to be registered (if he lives separately from his guardians). In this case, the registration procedure is impossible without the consent of the owner;
- inability to reliably establish the identity of the applicant and his legal representatives;
- there is no military registration (for minors who are already required by age to undergo a medical examination in order to register);
- problems with ownership of real estate (arrested, recognized as problematic).
Naturally, in case of refusal, an official conclusion is issued with a detailed description of the reason.
So, registration of a child without parents is possible, but only upon reaching the age of 14. Until this period - only with them (or legal representatives)
.
Moreover, you must inform the registration authorities of your current place of residence within up to 7 days (up to 30 for newborns).
Otherwise, a fine will be imposed. https://www.youtube.com/watch?v=W45OfkMPXp0
A newborn has the same right to registration at the place of residence as all other members of society. Over time, he will go to a nursery, kindergarten, school, and will register with a clinic for consultation with pediatricians.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
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Not only parents, but also the state is obliged to take care of children. Until the age of fourteen, a child is registered with his parents. It is impossible to register a baby with grandparents and other loving relatives .
After the birth of the child, parents should obtain a birth certificate for the baby. This is done at the registry office by presenting a marriage document.
In the absence of a marriage certificate, registering the baby at the father's address will be problematic, since in fact on paper he is not the father.
When parents divorce, the issue of registration is resolved with their mutual consent.
Practical difficulties of registering a child
Despite the apparent simplicity of registering a minor, in practice questions may arise that will “slow down” the process of registering a child at the place of residence.
One of the most pressing questions remains the question: with whom will the child live after the parents’ divorce, or rather, where will he be registered. The simplest option would be an agreement between the parents on the future place of residence of the child: with the father or with the mother. If there is no such consent, then you can go to court. In this case, the court can hear and take into account the opinion of a child who has reached the age of 10 years. And only after an appropriate decision does one of the parents register the child in their apartment.
In some cases, one of the parents refuses to consent to the child’s registration with the other parent. Well, in this case, can the Ministry of Internal Affairs refuse to register a minor? No. Such a refusal is illegal, since the administrative regulations for the provision of the state service of registration of citizens at the place of residence do not provide for the consent of the second parent as mandatory documents. Therefore, if registration is refused, request a written refusal and go to court.
Everyday affairs
Why do people who are homeowners so stubbornly resist registering a young child in an apartment? After all, registration does not make a child the owner of the living space.
But because the registration of a minor child creates difficulties with the sale of the apartment. After all, in order to sign him out of your living space, he needs to be provided with a different registration
. Otherwise, it will be impossible to discharge the baby from the apartment.
And it is almost impossible to sell an apartment, even a privatized one, encumbered with the registration of a minor child (you can read the details here).
Another nuance is that you can register a child in an apartment with any number of square meters. But it is impossible to write to an area with insufficient or fewer square meters.
You also need to understand that by registering a child without the consent of the other parties to the conflict related to the apartment, you can ruin family relationships forever.
In the future, this can affect the child and create a lot of problems for his mother.
But without the child’s registration, it will be impossible to issue other documents (medical policy, maternity capital). Enrolling a child in kindergarten without registration will also be problematic. Therefore, it is best to resolve controversial issues through the courts.
From this video you will learn whether the owner’s consent is required to register a family with a minor child:
Attention!
Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, call: +7(499) 703-42-21 - Moscow +7(812) 309-91-17 - St. Petersburg +7(800) 500-27- 29 ext. 482 - Russia (general)
or if it’s more convenient for you, use the online consultant form below! All consultations with lawyers are free.
to register a child without the consent of the owner in accordance with the legislation of the Russian Federation due to the fact that children are registered at the address of their parents. How to register a child without the consent of the owner is described below.
Registration of registration for the mother through the portal "State Services"
The Gosuslugi portal is gaining increasing popularity. Instead of standing in a long line when applying for registration, a special portal will make the procedure much more convenient and faster.
First, you will need to register on this site. Go to the FMS section, click on the desired service and write an application online.
Then you must fill out the mandatory registration form for everyone. Once your subscription is confirmed by email, all you have to do is enter your details.
How is approval for redevelopment in an apartment carried out? Where to go and how to register plan changes - read here.
Afterwards, you need to send everything to the FMS and wait for the result, which will appear in two minutes. A notification of verified data will be sent by email.
. Then you should log in to the portal again.
The site provides services available to users who have a personal confirmation code. You can only get it by proving your identity.
For a person who registers on the site, a personal account with an account will open.
How does this portal work?
To register your baby, you will need the following scanned documents:
- Mother's passport;
- Child's birth certificate;
- Marriage certificate, if available;
- House book or extract from it;
- Certificate of personal account of the housing where the child will live;
- Statement.
How long will the Maternity Capital program be in effect? Detailed information is in this article.
There are many websites that provide sample applications for child registration. As soon as the mother fills out and sends the application, FMS employees will invite her to their office in three days to hand over the original documents.
At the passport office you will be given an extract from the house register, which contains all the data about the people registered in the apartment. If a child is registered in a private home, the mother will be given a house register.
Starting from the visit to the Federal Migration Service, employees must register the child at the mother’s place of residence.
All these procedures for submitting certificates and registration last about ten days.
A young mother should apply for registration online through State Services, as in the previous case, preferably within a month after the baby is born. There will be less paperwork and red tape.
How to give an apartment to a minor child? Rules for drawing up deeds of gift and sample documents can be found at the link.
