Register a child without the consent of the owner: is it possible and what are the consequences of registering a minor?

Quite often, when the issue of registering children is raised, conflicts arise between citizens due to the disagreement of the owner of the living space. No less often, this conflict ends at the stage of a ban, but from the legal side this is wrong. According to the law, a minor, including a newborn child, can be registered without the consent of the owner of a residential property if his parents, guardians, or at least one of them are registered at the same address.

This decision was made at the state level and is justified by the protection of the rights and interests of children, which are placed above the rights and interests of an adult. Moreover, according to the standards of the current Russian

legislation, a child cannot be registered anywhere. Parents or guardians will have to pay a fine for violating this rule. In some cases, guardianship authorities may completely deprive a person of parental rights or limit them by taking away the child.

In their actions and requirements, government bodies are guided by the Civil, Housing and Criminal Code of the Russian Federation, as well as the Code of Administrative Offences.

About the opportunity

Is it possible to register a child without the consent of the owner?
According to the law, it is possible .

This is due to the fact that the rights of the child are protected and protected by the state, and his interests are placed above many others.

To ensure that it does not remain unregistered anywhere, there are a number of relaxations regarding the implementation of the procedure for its registration.

Important points

Registration does not give teenagers the right to manage property. If the residential premises did not participate in the privatization process, then in the future children will be able to take part in this procedure.

If the parents decide to urgently sell the apartment, then they must take care of the future living of the baby. After all, having sold an apartment, a teenager will not be able to hang in the air; he must be registered somewhere. Therefore, you should take care in advance and solve the problem with housing.

Many people do not want to register their children, because they believe that this is a kind of burden with which it will be very difficult to sell their home. But without registration, it will be impossible to issue documents for the child and order a medical insurance policy. In addition, difficulties may arise in registering your child for children's educational institutions.

What laws govern it?

The legislative framework governing the rules and procedures for registering minors is extensive:

The Civil Code of the Russian Federation in Article 20 determines the place of residence of the child together with the parents and one of them (for example, with the mother);
The Housing Code of Russia determines that there is no need to obtain the owner’s consent to attach a child to the living space;
The Criminal Code of the Russian Federation punishes for obtaining or providing fictitious registration up to imprisonment;
The Code of Administrative Offenses of the Russian Federation determines the fine for failure to register in a timely manner.

Find out whether it is possible to register a child with his grandmother from our article.

What does the law indicate?

Family members of the owner of the property in question living on its territory have the full right to use housing according to the law. Capable residents, along with the owner of the apartment, have the right to bear responsibility for obligations.
If the owner of the property decides to sell his property, then the rights to use the living space of the family living in this territory are terminated.
Alienation of residential territory where family members of the owner of the home or minor children live, if the rights of these persons are affected.

There are often situations when, after a divorce, one of the legal representatives refuses to register a teenager on his territory.

If the father is the owner of the home and lives together with the mother of his children, then the registration process does not require the father’s intervention in registering young children on his territory. In this case, registration issues are resolved in court.
The father's permission will replace the court decision if the legal representatives live together, but neither of them is the owner.
If a mother lives on her own territory with her baby, but wants to register the teenager in the father’s living space, then such a transaction will not work, since the children must live at their place of registration.

Grounds and reasons

There are several reasons for obtaining registration:

availability of a statement expressing the desire of the child’s representatives to register him;
presence of an attachment site.

A correctly prepared package of documents and submitted to the registration authority can also be considered the basis

The reason for obtaining a residence permit is that without it, the child will not be able to easily enter a kindergarten or school, or be assigned to a clinic at the place of residence.

This is very important to be able to enjoy all the rights guaranteed and protected by the state.

Read about ways to get a place for a child in a kindergarten or school without registering at your place of residence on our website.

Can a registered person register a child: where to start?

Nuances

Registration of young children invariably involves some nuances, especially when it is carried out without the consent of the owner of the property and the persons registered there.

First of all, it is worth noting that even when it comes to registering a child in a municipal apartment, where the registration of each new resident requires the written consent of all citizens registered there, this rule does not work in the case of children. A parent registered there has the legal right to register his child, including an adopted child, without their permission or knowledge.

Since the social apartment is provided by the municipality, and it is also its owner, local authorities cannot refuse registration of a minor. At the same time, many who disagree motivate their dissatisfaction not only by the fact that this is another contender for part of the real estate, but also by the fact that in municipal housing, when registering, the living space standards per person are taken into account. However, when it comes to children, these norms are not taken into account.

It is also important to take into account that when registering a child in an apartment or private house, the owner will be required to pay more for utilities, since the number of residents has increased. However, registered children cannot claim ownership or a share of property.

Where to start, where to turn?

If you are registering a newborn, you must first obtain a birth certificate, since without it you will not be able to proceed with the registration procedure.
In other cases, you can immediately begin registration by checking the collected papers for compliance with the requirements.

Where is it issued? The Federal Migration Service was replaced by a new body, the Main Directorate for Migration Issues of the Ministry of Internal Affairs of Russia .

This body today functions within the structure of the Ministry of Internal Affairs, and does not exist separately. This happened in April 2021 by decree of the President of Russia in connection with the improvement of the work of government bodies.

Conditions when you can register without the permission of the father or mother

There are a number of cases in which the Ministry of Internal Affairs does not require the consent of the second parent, in which the mother/father/other guardian:

deprived of parental rights;
was declared missing;
died;
was declared incompetent.

In one of these cases, instead of an application, it is necessary to prepare documents confirming the fact that it is impossible to participate in the decision to register the second parent.

Instructions on how to register

If you decide to register your child at their place of residence, but the other parent does not want to give consent, then:

Contact your territorial office of the Ministry of Internal Affairs in accordance with the place of future registration of the child.
When contacting the Ministry of Internal Affairs, refer to Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 N 984, according to which the consent of one of the parents is not included in the list of documents required when registering a child.
Confirm the fact of paternity/maternity/guardianship with relevant documents.
Provide a completed package of documents with your application.
If an employee refuses to accept documents, even referring to internal acts or regulations, request an official written refusal to register.
As soon as you receive a written refusal, you need to appeal it: first, you can contact the Ministry of Internal Affairs of the Russian Federation.
If you cannot resolve the issue, file a claim in court, it will make a decision in your favor, the only thing is that you will have to spend enough time on the whole process.

Documentation

What documents are required? In order for a child to be registered at the place of residence, it is necessary to prepare a certain package of documents :

birth certificate;
a statement of a certain form;
parents' passports;
marriage certificate, if available;
written consent of the mother if the baby is attached to the father’s place of residence;
When registering and simultaneous discharge, the consent of the guardianship and trusteeship authorities is required.

In most cases, no additional documents will be required .

Read about the package of documents for registering a newborn in our article.

Where to submit documents? To submit a prepared package of papers, interested parties have several options to choose from. It should be based on the convenience of the location and the waiting time for the result. Available options include:

passport office at the place where the baby will be registered;
Multifunctional Center;
State Services portal on the Internet. Great for applying from the comfort of your home. However, you need to obtain a password and login for the system in advance;
Department of the Main Department of Internal Affairs of the Ministry of Internal Affairs of Russia.

Read our article about how to register a newborn through State Services or MFC.

Newborn registration

When applying for registration for a newborn child, as mentioned above, the first step is to obtain his birth certificate. It is issued at the registry office, where the father or mother of the newborn applies with an application, a personal passport and a certificate from the maternity hospital, which confirms the birth of the child. It is important to take into account that such a certificate has a limited validity period - one month. Therefore, you should not delay going to the registry office.

Even if the child was not born within the walls of a medical institution and the birth was delivered by a private doctor, he must issue a certificate. If the birth of a child occurred unplanned, outside the hospital and without a doctor, then the fact of birth must be certified in writing by citizens who were nearby at that moment.

Both mother and father have the right to receive a birth certificate, provided that they are officially married. In this case, the presence of both parents is not necessary. If the parents are not married and the mother of the newborn comes for a certificate, the father writes a statement that he recognizes paternity. However, information about him can be recorded without him, from the words of his mother. You can also put a dash in the paternity column.

Once the birth certificate is in hand, the registration of the newborn child is carried out on a general basis.

Timing, cost and result

In any case, it is unlikely that the baby will be immediately registered on the same day as the application. You will have to wait for different periods of time in different cases.

For example, when contacting the Main Directorate for Migration Issues of the Russian Federation, you will have to wait a maximum of 3 days , and in other cases about 5-7 days .

Those who submitted an application through the State Services portal will have to endure the longest waiting period, up to 9 days .

However, when contacting the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation, you can ask for urgent registration, if necessary. In this case, employees, if possible, can go to a meeting and complete the entire procedure directly on the day of the call.

There is no cost to register a minor. This action is absolutely free and does not require any material investment.

However, if it is necessary to urgently register a child, parents may need to pay a state fee for urgency . Usually it does not exceed 300 rubles.

What documents are ultimately issued? If a minor is under 14 years of age, he is given a special certificate stating that he is registered in a certain place. Otherwise, a stamp .

For information on how to obtain a registration certificate in Form No. 8, read our article.

When can they refuse? Refusal is often made due to incorrect or incomplete submission of documents. However, they may refuse due to an attempt to register a minor separately from their parents.

Temporary registration

What are the consequences for the owner of the temporary registration of a minor child? Nothing. In any case, you certainly won’t have to share the apartment, since the tenant is not a co-owner.

No rights to real estate will arise from the fact that someone registers at a particular address. Rights to real estate may arise from:

purchase and sale agreements;
life annuity;
deed of gift;
inheritance;
court decision.

Registration allows you to live on the specified square meters and use common property on an equal basis with other residents. Also, thanks to it, you can get a new job, choose a school or kindergarten for your child. Especially if it's temporary.

Registration is automatically canceled upon expiration of the period specified in the documents, and the moment the parent’s rights as a tenant expire means the end of those for the child.

Why is temporary registration of a minor child dangerous for the owner? It should be remembered that when registering temporarily, you must enter into an agreement with the tenant , which must indicate the time frame. If this is not done, registration in the owner’s apartment will be considered indefinite . Although it will not grant the tenant the rights of an owner.

The difference in the procedure, depending on whether the parent is the owner of the apartment or not

If the parent or other legal representative is the owner of the living space, there should be no problems. The registration process follows a standard procedure , with the application of the owner-parent and the consent of the second parent.

If he is not the owner and is registered at the place of residence on a permanent or temporary basis, the difference in the registration procedure will lie not so much in the fact of the presence of another owner, but in the age of the minor.

Children under 14 years of age, as mentioned above, are registered at the place of residence of the mother or father without the consent of other registered persons and the owner. In practice, employees often require the written consent of the owner, and in its absence they may refuse registration , but such a decision can and should be appealed (read about whether it is possible to register a child without the consent of the parents and the owner of the property).

After reaching the age of 14, written consent of the owners and persons registered at the place of residence is mandatory. If they disagree and it is impossible to register the minor in another house or apartment (for example, with a grandmother or grandfather), the mother or father has the right to file a lawsuit in court, on the basis of whose decision the registration will be carried out.

Is it possible to register a child without the consent of the owner?

According to the rules on registration/discharge, a person can be registered in someone else’s apartment only with the consent of the owner, but this statement does not work in relation to children.

For your information. The Migration Service, acting strictly within the law, does not require the consent of relatives and apartment owners to register a child. This fact is enshrined in Article 70 of the Housing Code: the consent of anyone is not required for a minor child to move in with his parents.

A few words about registration in the Russian Federation

Registration of children is a mandatory procedure

Registration or registration is a set of simple measures that are carried out by persons and authorized organizations to reflect in state registers information about the place of residence of all Russian citizens.

The need to register all people with Russian citizenship is determined by the legislation of our country and cannot be ignored by anyone.

As for the registration of children, it is also mandatory and responsibility for its implementation falls on the shoulders of the parents. For the absence of an officially registered place of residence of a minor, his official representatives undertake to bear responsibility. Today it is measured by a fine of up to 7,000 rubles.

According to numerous federal laws and the Family Code of the Russian Federation, parents have the right to register their minor children without the consent of the owner of the “registered” home. That is, if a mother, father or full-fledged married couple rents housing under a rental agreement, registration of their children under 18 years of age can be carried out without notifying the owner of the housing.

Registration authorities operating in our country do not have the right to refuse registration in this way, as this would be a complete violation of the law.

Detailed instructions on how to register a child through the State Services portal are in the video:

How to register a child with his father without his consent

This question is often asked by mothers who do not have their own home. A set of legal documents states: the baby can be registered in the father’s apartment, but only with his consent. In this case, the father must appear in person at the Federal Migration Service, write an application and provide his passport.

Therefore, if the mother wants to register the baby with the father, but the father is against it, nothing will work out.