The place of residence of children is a very important issue, which is why the problem often arises: is it possible to register a child with his grandmother? This is due to the fact that quite often parents leave their children and go to work in other cities. The issue of registration always arises acutely, since the child must live where his legal representatives or guardians are registered. This also, in some situations, creates the need to register the child with the grandmother, if only because she is taking care of him, or if he is forced to live without his parents.
About the opportunity
Is it possible to register a child with his grandmother?
From the age of 14, the law allows minor citizens to be registered not with their mother
and
dad
, but separately from them.
Often there is a need to register a baby with his grandmother. However, this will not be possible until the age of 14.
A person under 14 years of age must register with his parents or one of them.
Legislative regulations
What laws govern this? The legislative framework regulating the issue under consideration is presented:
- The Civil Code of Russia, which determines the child’s right to live together with legal representatives;
- The Housing Code of Russia describes the types of residential premises and the features of attaching children to them;
- The Criminal Code of the Russian Federation imposes punishment up to imprisonment for issuing a fictitious registration;
- The Code of Administrative Offenses of the Russian Federation establishes administrative punishment in the form of a fine for late registration.
Causes
The reasons are often personal. Someone makes sure that the child belongs to a school in a specific area .
In addition, such a decision may be related to housing issues, since housing in which a minor is is not so easy to sell , and it is almost impossible to sign him out without parental consent.
Find out on our website whether your child needs a registration for school, and how to apply for temporary registration for admission, as well as whether your child will be accepted into kindergarten at your place of residence, and how to get a place in a group without registration.
Can a grandmother register a child without parents
? From the age of 14, a grandmother can register her grandson with herself, without registering her parents.
However, this cannot be done before the age of 14, since such a decision is contrary to the requirements of the law. The exception is special cases. For example, if parents are deprived of their rights to the child, etc.
What is temporary registration?
So, what is temporary registration in a privatized apartment? From the owner’s point of view, what matters – and the legislator is completely on his side – is the circle of people who live (will live) on his living space together with him. Naturally, his free will is mandatory here.
The institution of registration - as a certificate of place of residence - is used in two forms:
- Constant;
- Temporal.
The latter option can be implemented along with the first - in other words, a citizen who has a permanent residence permit can also apply for a temporary one.
Where to start, where to turn?
How to register a child in grandma's apartment?
Registration begins with the collection of papers, and in the case of a newborn - with an application to the registry office
.
To register with your grandmother, you need parental consent, which must be obtained. If any documents are missing, they need to be restored.
Where do you register? The Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation is the body that today deals with the provision and deregistration of citizens. It has existed since April 2021, replacing the Federal Migration Service.
Restrictions
- identity cards of all participants in the procedure (from the child - birth certificate, or the main document of the citizen);
- application for registration (form 6);
- a document confirming the consent of the owner and all co-owners of her apartment (and if the housing is municipal, then everyone who is registered there);
- departure slip;
- an agreement between the grandmother and parent on the free use of living space;
- documents for the apartment.
If housing is municipal
This point should never be overlooked if the grandmother is a tenant on social rent - do not forget: the owner can discharge residents from a private apartment relatively without loss, and in this case there will be no reversal.
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21. Can an adult grandson register back with his grandmother if the grandmother is currently incapacitated and 5 years ago the grandson himself checked out of this apartment. The grandmother's incapacity has not been documented; besides her, her mother is registered in the apartment. Thank you.
Documentation
What documents are required to register a minor? To obtain registration for a minor, his representatives must prepare a certain set of papers :
- birth certificate;
- statement
; - passports of mother and father, as well as grandmother;
- consent for registration from parents;
- marriage certificate, if available;
- an extract from the personal account at the future place of registration.
Find out about the set of documents for registering a newborn in our article
.
Passports and birth certificates will be kept by an employee of the registration authority during registration.
Where to submit documents? The applicant has a certain choice of places to submit documents:
- Passport Office;
- MFC;
- State Services
portal on the Internet; - Department of the Main Directorate for Migration Issues of the Ministry of Internal Affairs of Russia.
The choice is free and is at the discretion of the applicant.
Read about the features of registering a newborn through the MFC and State Services in our article.
Timing, cost and result
What determines the waiting period for results?
From the choice of place of registration. The fastest it will be in the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation. There you will have to wait a maximum of 3 days.
In the rest, except for the State Services portal, the wait will be 6-7 days , and when submitting an application via the Internet, this period will increase to 9 days.
There is no fee required for obtaining registration for a minor. This means that the entire registration process will be completely free .
What documents are issued after registration? a special certificate for the child
, which indicates the place of registration if the child is under 14 years old.
From 14 to 18 years of age, the result of the procedure completely coincides with the registration of an adult - a stamp is affixed to the passport .
For information on how to obtain a certificate of registration of a child at the place of residence using Form No. 8, read our article.
Is it possible to register a child with a grandfather in 2021?
The appearance of a baby in the family means additional hassle associated with paperwork. One of these concerns is registration at the place of residence. It is necessary for the realization of the rights of a small citizen, which he is endowed with immediately after birth.
Why register
This is not just a formality; permanent registration is required for a child in the following cases:
- Providing free medical care. Another mandatory document for a newborn is a compulsory medical insurance policy, and without a stamp about the place of residence it will not be possible to obtain it.
- Registration of social payments. After the birth of the child, the mother goes to the social security authorities with a petition for the accrual of child benefits. The set of documentation for the benefit includes an extract from the house register. Without registration, information about the child will not be reflected in the statement.
- Submitting an application for maternity capital. The procedure is possible only after the child has been registered.
- Registration in kindergarten. Most parents do this immediately after birth due to long queues at preschool institutions. Lack of registration will result in refusal to accept documents. In the future, the child will not be able to attend school.
Where can I go?
According to current legislation, a minor child under 14 years of age can be registered at the address where his parents or legal representatives (guardians, trustees) are registered.
This is recorded in Article 20 of the Civil Code of the Russian Federation. If parents are registered at different addresses, it is not forbidden to register children with one of them. Adults decide this issue independently with each other.
Options for registering a minor citizen at different places of residence of the parents:
Registration at mother's address | All that is required is her petition for the procedure. There is no point in delaying the start of the process. The absence of a stamp on a child within a month entails a fine of 2-2.5 thousand rubles. |
Registration at father's address | Then he must draw up the petition, but the mother will be required to agree in writing that there are no objections on her part. Mom must be present during registration in any case |
Features of registering a minor:
- Separate registration of parents means registration of registration for one of them by agreement with each other.
- If they fail to reach a verbal agreement, the issue is resolved through the courts.
- The child will be registered even if there are many registered citizens in the living space. Also, its registration does not depend on the size of the residential property.
- Parents living in a relatives' apartment does not require additional consent from them. A newborn automatically belongs to the place of registration of his parents.
- Both parents must be present at the procedure.
- If one of the adults has a temporary registration, the child will have to apply for one as well.
The place of registration for children deprived of parental care at birth is the place of registration of the person appointed as his legal representative. It will not be possible to register with other relatives, for example, with an aunt or uncle, despite the close relationship.
It is possible to obtain registration even in a rented apartment if there is a lease agreement and temporary registration of one of the parents in this residential property. In this case, the owner's consent is not required.
However, the migration service encounters cases where the homeowner’s signature is required on the application. In this situation, the owner can be motivated by the fact that for unregistered citizens living in his premises, he will be subject to a fine of up to 7 thousand rubles.
Why privatize the land under the garage? Find out here.
To start the process you will need to provide the following documents:
- Application in form No. 6, written by parents or legal representatives.
- Consent of the mother if the child is registered with the father.
- Baby's birth certificate.
- Passports of parents (legal representatives).
Registration in a private house occurs in the same way as in a privatized apartment. No additional paperwork is required for this. Anyone registered in a non-privatized apartment necessarily receives a certain share of the housing when registering for privatization.
Once a child reaches 14 years of age, he can be registered anywhere. He must be present during the procedure and agree to registration. If registration is issued for the second time, you will need to fill out a departure form.
If the child has reached 14 years of age, then he writes the application independently and presents a passport instead of a birth certificate, since at this age all citizens of the Russian Federation receive one. Additionally, consent will be required from the owners of the home if the child is not registered with parents or guardians.
Speaking about registering a newborn, it is worth noting that registration must be issued in the first month after his birth. For delay, in addition to penalties, the mother will have to obtain a certificate from the father’s place of residence stating that the baby is not registered with him.
Registration procedure
With the prepared set of papers, you should contact the department of the Federal Migration Service or a housing organization, which accepts the documents and then sends them to the passport office. The application for Form No. 6 is usually filled out on the spot. This statement must be signed by the accounting department to confirm the absence or presence of debts on utility bills.
If there are no debts, then this is indicated and stamped by the accountant. If there is, their amount is indicated and a round stamp is also placed. Employees keep all the papers, including the birth certificate, to carry out the procedure.
It happens like this: service employees make entries in the house register and prepare a child registration certificate, which will confirm the fact of registration until he receives a passport. For repeated registrations, this certificate is handed over to employees along with other documents.
Currently, a method of obtaining a certificate is available through the government services website. You can submit an application there, but you will still have to hand over and pick up papers at the Federal Migration Service office. However, submitting an application online will significantly save time and avoid long queues.
Timing and cost
The process lasts several days, from 3 to 5 days. After this, all documents along with the certificate are returned to the parents. Only the mother or father, or a person with a notarized power of attorney, can pick them up. The papers will not be given to grandparents and other close relatives.
Registration is free; employees cannot request any receipts for payment of government duties from clients.
Is it possible to register a child with his grandfather?
It is possible to register a child with a grandfather, as well as with a grandmother, without any problems if one of the parents is registered in their territory. From the age of 14, registration of a child with a grandfather or grandmother is possible at any time, if the child agrees to this.
However, if the parents do not have registration, then it will also be possible to register with the grandfather, although this process has its own legal subtleties.
If the grandfather is the sole owner of the residential premises, he first needs to draw up an agreement with one of the parents for free accommodation in the apartment. If there are several owners of the living space, then in addition to their consent, such an agreement will be required with each of them. It is allowed to indicate all owners in one agreement. The consent of the owners is certified by a notary.
To apply for registration with your grandfather, you should prepare the following set of documentation:
- Original and copy of the baby's birth certificate.
- National passports of the grandfather and one of the parents.
- Application from one of the parents for registration in the grandfather’s territory.
- Agreement “On the provision of housing for use until adulthood.”
- In case of registration in a privatized apartment, you will need a document on ownership and a technical passport of the residential property.
If the housing is municipal, you will need:
- certificates from the registry office confirming the family ties of the grandfather and grandson;
- extracts from the house register;
- information about the financial account of the owner of the premises, that is, confirmation of payment or non-payment of utilities.
If the child is registered with his grandmother and she changed her last name, her marriage or divorce certificate should be added to the package. All documentation for such registration is certified by a notary.
Possible problems
The whole process, starting from drawing up a contract for free accommodation, is quite long and not very pleasant. In addition, notarization requires payment for its services. It is much easier to first register the mother or father with the grandfather, and then the child. But if this cannot be done for some reason, then you will have to use this only procedure.
In addition, if the parents are tenants of the living space, then the child also has rights to it, and it will be possible to discharge him from there only by contacting the guardianship authorities. Obtaining consent from these authorities takes a long time.
Any detected violations of the law by migration services are subject to appeal in court.
Many fear that a child registered in an apartment will interfere with real estate transactions. However, these fears are unfounded. At any time he can be discharged from there and registered with his second parent. Registration does not create any rights to own real estate.
A sample extract from the cadastral passport of a land plot can be found here.
The features of donating a share of an apartment in shared ownership in 2019 are discussed here.
Source: https://kvartirkapro.ru/mozhno-li-propisat-rebenka-k-dedushke/
Features and nuances
Some nuances arise depending on the presence of several owners or with different forms of home ownership
: personal or municipal.
How to register a child with his grandmother if there are several homeowners? If we are talking about joint ownership, then the consent of all owners is not required , since the person has not reached 18 years of age.
If the residential property is in shared ownership, then the baby can be registered on his share . No one's consent is required for this either.
Is it possible to register a grandson or granddaughter with their grandmother in a municipal apartment? There should not be any difficulties
This is due to the fact that a person under 18 years of age is not subject to
the requirements of maintaining the standard living space per person and the need to obtain the consent of the tenant.
Thus, a child can be registered with his grandmother separately from his mother and father only from the age of 14. Until this moment, it must be registered exclusively with at least one of them.
They registered my granddaughter whether she has the right to part of the apartment
Either this apartment belongs by right of ownership not only to your grandmother, but also to her children, for example, then it will not be possible to remove your grandson from registration at the grandmother’s sole request... after her death, if he was dependent on his grandmother, he will be entitled to a share of the inheritance... if his parents supported him, then the inheritance will take place in the usual manner, the inheritance will be divided by the grandmother's children, if they are not there - by the grandchildren (I assume the grandmother no longer has parents)
None. Grandchildren inherit the property of their grandparents by right of representation in cases where they survive their children. That is, if by the time your grandmother died, your daughter’s father had already died, then she would be able to inherit her grandmother’s share of the property instead of her father. . Registration or as you call it - registration - does not matter.