You can find out what liability is provided for the lack of registration of a child, as well as whether he will be accepted into a school or kindergarten without registration at his place of residence, from our articles.
What does the legislation say?
Is it possible to register a child separately from his parents or even alone in an apartment ? The legislation of the Russian Federation, namely Art. 20 of the Civil Code, an age has been established before which a minor child will not be able to obtain registration at another address, separately from his mother and father.
And only from the age of 14, having crossed the threshold into the so-called limited legal capacity , already having a passport in his name, will a teenager be allowed to be registered in another living space, without a mother and without a father.
The actions of a teenager are limited by law in the sense of complete independence: he can come to the authorities and write a statement himself, since having a passport allows this, but he is not allowed to go through the full registration procedure at his place of residence or stay without the permission of his legal representatives .
This limitation applies to adolescents aged 14 to 18 years. Only from the age of 18 is a young person considered fully capable (Article 21 of the Civil Code of the Russian Federation).
Will a child be registered without parents? What laws govern it? The procedure and conditions for this legal action, namely the registration of a minor without parents, are provided for by the Administrative Regulations for the provision by the Federal Migration Service of state services for registration of citizens of the Russian Federation (Order of the Federal Migration Service of the Russian Federation of September 20, 2007 N 208).
Find out about the specifics of registering a child if his parents are not married on our website.
Find out on our website how to fill out an application to register a child at the place of residence, how to obtain a registration certificate, and how to obtain a certificate of the minor’s place of registration.
Procedure for registering a newborn child with married parents
The procedure for registering a newborn child with parents can be completed in one day, if you first prepare all the necessary certificates and documents.
- First, you will need to obtain a child's birth certificate from the district registry office , which can be obtained by one of the parents if they are officially married.
Provide the following documents to the registry office:
- Russian passport;
- a certificate from the maternity hospital indicating the date, time and place of birth, as well as the weight and gender of the child;
- marriage certificate.
- After receiving the birth certificate, you must go to the passport office to register the child.
- Birth certificate + copy;
- Passports of BOTH parents + copies;
- Marriage certificate;
- If a child is registered in an apartment, an extract from the house register about registered persons in this apartment is needed. It is taken from the passport office there. If a child is registered in a private home, then a house register is needed, which should be in the hands of the owners.
- A certificate about the status of the personal account of the housing where the newborn baby will be registered. It is taken from the accounting department of the passport office.
At the passport office you need to fill out an application for child registration using Form No. 6 . The form is provided by the passport office employee. A sample application form is posted on the information board at the passport office, and you can also download it from this link.
The following documents must be provided along with the application :
I advise you to check whether the apartment has been seized. Are you planning to buy an apartment? Check it for legal purity.
The registration period is usually from 1 to 7 days. There, parents can put a record of the birth of a child in the “children” column in their passports.
Let us repeat once again: it is not necessary for both parents to go. One is enough, but with a full package of documents.
If you have any questions, you can consult a lawyer for free. Ask your question in the online consultant window at the bottom right of the screen or call the numbers (24/7, 7 days a week) Moscow and region; 8 St. Petersburg and region; all regions of the Russian Federation.
Permission
Is the consent of both representatives required to register a minor child separately from the parents or is one sufficient?
Art. 61 of the RF IC equalizes the rights of both people who gave birth to a small citizen in relation to him, and clause 81 of the Administrative Regulations confirms that the consent of either the father or the mother is sufficient.
Only the presence and written confirmation of approval of a separate registration from the legal representatives of the teenager, namely the parents, gives the right to employees of the Federal Migration Service to carry out registration of a not fully adult child.
Clause 118 of the Administrative Regulations gives a precise definition in this regard: “Registration of minor citizens who have reached the age of 14 at the place of stay and place of residence separately from their parents (adoptive parents, guardians, trustees) is carried out upon presentation of the documents specified in paragraphs 25 and 26 Regulations, with the written consent of the legal representatives (one of them).”
Read on our website about how a mother can register a child in her living space, as well as how to register him with his father or grandmother.
Difficulties when discharging a child
A change of place of residence of a minor citizen can be done voluntarily or compulsorily. If the legal representative independently initiates deregistration, then the deregistration does not require permission from the district guardianship department or other authorities. A citizen, including a minor, has the right to freedom of movement. A child can change registration together with a parent without any penalties.
The situation is more complicated if the parent refuses to voluntarily deregister. In this case, the owner of the residential premises can write them out in court.
Important!
In accordance with the Housing Code, the owner has the right to expel any citizen from housing, regardless of age, through a judicial procedure. Such a need may arise when selling an apartment.
To do this, the owner of the property applies to the court at the location of the residential premises with a statement of claim. The court may refuse an extract if the owner of the apartment is a relative of the child, and the parent cannot provide the minor with another place of registration. The exception is the situation if the owner is selling the home. If difficulties arise with the discharge of a child, you must seek help from a qualified lawyer.
There will be no problems with the discharge of a child from persons who have purchased housing in which a minor who is not its owner is registered. The owner has the right to free the property from encroachment by third parties with the help of a court decision.
Important!
To remove a ward from the apartment without a legal representative or when the guardian is removed, permission from the guardianship authority is required.
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Required documents
How to register a child separately from his parents? So, if you need to register a teenager over 14 years old with a grandmother, uncle, or someone you know at a place where your parents are not registered, you should follow a simple chain of actions.
What documents are required to register a minor child?
The list of papers is given in clauses 25.26 of the Administrative Regulations, and it looks like this:
- personal passport of a teenager;
- his own completed and signed application in the established form;
- consent of the owner of the home (even if it is one of the parents);
- consent of one of the parents for the child’s separate registration (the signature of the father or mother must be certified by a notary);
- documents for housing ownership or rental agreement, social services. hiring, renting;
- house book, if we are talking about a private house.
When completing paperwork for municipal housing, the consent of all residents may be required (70 Housing Codes of the Russian Federation).
If you look at the website of the FMS branch that serves a specific area, you can clarify a more complete list of required papers , since regional laws may contain additional requirements, taking into account the characteristics of the region of residence or stay of citizens.
Read on our website about how to remove a child from registration at the place of residence in order to register him at a new address.
Design algorithm
Initially, when we register 1 minor, it is necessary to prepare documents:
- After the birth of the baby, you must immediately contact the registry office to obtain a certificate. The period for application is limited to one month.
- If mom and dad live separately, you need to get dad's approval for the baby to live with the mother.
- Order an extract from the BTI.
When the documentation is ready, it must be submitted to authorized officials.
Where to submit documents?
You should handle the package of papers:
- in residential office at the location of the new address (to the passport officer of the housing department, housing cooperative, management company);
- to the passport office;
- in the MFC;
- directly to the FMS department.
Documents will be accepted in any of the above places, but the fastest result will be obtained by contacting the MFC or the Federal Migration Service.
Registration can take from 3 to 8 days. The registration service, whether temporary or permanent, is provided free of charge . Such services are not subject to state duty.
Registration of a child over 14 years of age is almost identical to the same procedure for an adult. At the end of the registration process, the passport of a citizen aged 14 to 18 years will be stamped, if this is a permanent option, and a certificate will be issued. No. 8 .
The temporary version will not affect changes in the passport; only a small-sized card of the established form will be issued (form No. 3), which indicates the address, date and validity period. If necessary, the deadlines can be extended several times.
What laws govern it?
There are several regulations in Russian legislation that regulate such issues.
Thus, Federal Law No. 143 of November 15, 1997, which talks about acts of civil status, speaks in its chapters about what papers are necessary for the procedure, in particular, the issue of establishing paternity (Article 7).
The Code of Administrative Offenses provides for financial liability in the form of fines for late registration of a newborn (Article 19.15).
Federal Law No. 5242-1 of June 25, 1993, which talks about the movement of citizens across the territory of our country, in Article No. 5 gives general rules for registration and introduces the list of documents that are necessary for the process.
In addition, there is a set of special Rules for the registration of Russian citizens, which are used by employees of passport offices and the Federal Migration Service, where Article 18 talks about the document that is issued upon registration of a minor.
a full-fledged regulatory act will soon appear , which will regulate all issues regarding the registration of minors, and in particular, newborns.
