Quite often, situations arise when, in the event of a parental divorce, in a civil marriage, or in other life circumstances, a minor must be registered at the place of registration of his mother without the actual participation of the biological father in this. Usually, controversial issues are not resolved quickly, sometimes there are even threats and pressure from the other parent or its complete absence, and it is advisable not to delay the registration of even a newborn, so as not to have to pay a fine and experience the troubles associated with its untimely registration .
Therefore, the child’s mother needs to know the basic rules of how to register a child without the father’s consent, so that no one can mislead her in the future.
The legislation of the Russian Federation, the Civil and Family Code establishes that a minor under fourteen years of age must be assigned to the place of registration of his parents (guardians) and live with them.
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It is important to take into account that the consent of the owners of the living space in which the parents (or one of the parents) are registered for the registration of their children (guardians) is not required by law, regardless of the square meters and the number of residents.
Also, according to Russian legislation, a minor can be registered at the place of registration of either parent, if their registration does not match. Any parent has the right to complete such registration. In this article we will figure out whether it is possible to register a child with the mother if the father does not agree to this.
Normative base
Issues of registering citizens, including minors, are regulated by Federal Law No. 5242-1. In some cases, they are not formalized with the parents. This discrepancy needs to be corrected. According to Art. 20 of the Civil Code of the Russian Federation, registration of a minor is carried out with the consent of the parent. Not all situations require permission from the other.
Registration of a child without the consent of the father is permitted by law. But for this you need to be guided by a number of requirements according to which the procedure is carried out. It is necessary to prepare a set of documents established by law and fill out an application form, which is issued on the spot.
When applying, they usually require the presence of both parents. But in some cases, an application from the second one, completed and signed accordingly, is sufficient. Therefore, many are interested in whether consent is required for the registration of the child’s father? The requirement is unreasonable, because the mother can register it at her own address on her own. If the application is not accepted, it is important to receive a refusal on an official form signed by the responsible person. The document should be submitted to the district court.
Is it possible to register a child without the consent of the father when he is categorically against it? It is better to resolve the dispute through the court so that you do not have to deal with this after the procedure is completed.
At the place of residence
Minors are registered by agreement between parents if they are registered in different places. Permission from the father to register the child will be required when the application is planned to be processed in his apartment. Personal presence or a written request certified by a notary is allowed.
By place of stay
Both or one of the parents submits a document of the established form to the Main Department of Migration of the Ministry of Internal Affairs. You can contact the MFC with everything you need. The parent's consent to the temporary registration of the child is provided when it is drawn up according to the husband's documents. It can be obtained through a notary or submitted in person. It is important to consider that registration at the place of residence is provided only for the period of validity of the parent’s certificate.
What does the legislation say?
Is it necessary for the child to be registered with the mother? The answer to this question is clear: no, registering a child with his mother is not at all necessary . The child may be registered with one of the parents.
What legislative acts regulate the registration and residence of a child with the mother? The rules and procedure for children are explained and enshrined in law by the following legal acts:
- order No. 208 of September 20, 2007, Federal Migration Service of the Russian Federation;
- “Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation” Art. 28;
- Civil Code of the Russian Federation, Art. 20, 65;
- Decree of the Government of the Russian Federation of July 17, 1995 N 713.
Children are also citizens of the Russian Federation, the main points of the procedure are the same as the rules for registration of adults , although there are also some nuances.
You can learn about whether it is possible to register a child separately from his parents, and how the issues of registering a child are resolved if the parents are not married, from our articles.
If there is no father's consent
This is one of the typical situations that causes difficulties for women. Typically, employees accepting documents require personal presence or permission. Is it possible to legally register a child without the father's consent? Registration takes place at the mother's place of residence. The request is provided by the husband if it concerns his real estate.
It is necessary to fill out an application for consent to register the child with the father. This is easier to do if documents are submitted jointly. Notarization is permitted when personal presence is not possible.
What it is
Propiska is a term that was introduced into use in Soviet times. It was introduced to create a specific state system aimed at monitoring population migration.
Perestroika led to the formation of new legislation and the concept of registration was actually abolished, replaced by a new term, which is used to this day - registration at the place of residence.
These concepts have the same meaning, however, the word registration today can be found exclusively in colloquial speech; in official documents the concept “registration” is used.
Registering a child in her husband's apartment
To register a minor in the father's area, certain criteria must be met. Among them are the following:
- there is no injunction against such actions;
- the father was not deprived of parental rights;
- paternity is confirmed by a separate document or birth certificate.
But there are cases when it will not be possible to register children on the father’s territory without his permission. This is possible with a court ban on living with him or if there are other owners. It is required to draw up an application if there is a corresponding court decision.
Which authorities issue the documents?
Where to submit documents?
The prepared papers must be submitted to one of the institutions :
- Housing department, management company, homeowners association;
- Passport Office;
- MFC;
- FMS bodies.
In housing departments, regardless of the form of ownership, registration issues are dealt with by a passport officer , who checks the completeness of the package of documents and prepares everything himself, and residents receive ready-made papers at the appointed time.
the fastest if you work with the MFC: there is always the latest data and a large, capacious database, and in addition, the reception of citizens itself is excellently organized.
The mother's appearance is mandatory , and if there are serious circumstances that prevent this, then a trusted person can represent her interests instead by power of attorney.
You need to be prepared for the fact that the originals of the passport and birth certificate will also serve as an attachment to the application, and the passport officer will write a receipt indicating which papers were taken .
This service is completely free of charge; no payment is charged for it, nor is there any duty.
Registration of the child with the mother
It doesn't matter whether the parents live together. The minor must be registered at the address of one of them. How to register a child at the place of registration of the mother? The father's permission is not required regardless of registration, status and marital status.
Until the citizen has reached the age of obtaining a passport, the application is submitted on his behalf by his mother. If his husband directs him, her consent is required. When a minor receives a passport, registration is carried out according to his personal application, but with the permission of his parents.
Is it possible to check out and register at the same time?
Since children, especially those under 14 years of age, must live with their mother and father, parents do not have the right to leave them alone at the place of registration. Checkout is done at the same time. But at the same time, it is necessary to take into account the opinion and permission of the guardianship and trusteeship authorities (that is, even before the move, find a place of residence).
To obtain permission to extract, as mentioned above, it is necessary that the new living space meet certain requirements.
To avoid the risks of refusal of registration or permission for it from the PLO, many lawyers advise one of the parents to be discharged and registered at a new place of residence before the change of registration of the minor and his spouse.
In order to register a minor, you must contact the authorized authorities. Registration of minors (under 14 years of age) can only be done at the registered address of their father or mother. For a minor 14-18 years old, the place of registration can be not only the parental home, but also the living space of other relatives or other living quarters.
Registration without owner's consent
The law establishes mandatory registration at the address of the mother or father. It is not allowed to register minors with other persons if they are not legal representatives. Is it possible to register a child without the consent of the owner? It does not matter who is the actual owner of the property. The main thing is that the parent has registration.
It is possible to register a child with the father without the consent of the owner. But this requires official registration. The period will be limited by the existing certificate of the parents if we are talking about a temporary place of stay.
What should you know about registering children?
Many parents make mistakes and follow many restrictions when registering their children, which are, in fact, illegal.
The general rule for registering children with parents is the following circumstances:
- To register children with a parent, one of the parents must have the right to own or use the residential premises;
- Registration does not require the consent of the owner or residents of the relevant dwelling.
The most common misconceptions about the impossibility of registration are the following circumstances:
- Mandatory consent of the father when registering children with the mother. This is the most common misconception. No government agency or private person has the right to prevent children from registering with a parent
. The father or mother has the right to challenge this, but this does not affect registration, since children must have a residence permit. - Violation of housing or utility standards is an obstacle to the registration of another person. This can only be an obstacle if an adult is registering
. This rule does not apply to children. - You cannot register in a non-privatized apartment. This is also an error
. If a parent is registered in a municipal apartment, then there are no and cannot be any obstacles to the registration of his children there. However, the relevant municipal authority must be notified.
In practice, you can find various excuses for refusing to register children. However, all of them are illegal. If a parent is registered in a certain home, then the children automatically receive a residence permit there.
In case of divorce
The legislation establishes consent to the registration of a child. Sometimes employees of the Main Department of Migration Affairs of the Ministry of Internal Affairs require the presentation of a note from the father’s place of residence or last known address indicating that registration has not been issued there. Such actions are illegal.
Is it possible to register a child without the mother’s consent? In this situation, mandatory permission is required. There is no need for personal presence if you prepare the documents correctly. All that is required is the notarized consent of the mother to register the child with the father. It is drawn up in the form of a free-form application. It indicates her passport details and affixes her signature.
Single mother
Not all women acquire this status. It is received by those who not only educate themselves; the certificate must include a dash in the “Father” field. If a woman is divorced, she cannot be recognized as a single mother. The procedure in this case does not differ from the usual registration of an adult.
Are children's opinions taken into account?
If a question regarding the registration of a child was brought to trial by one of the parents, since the spouses were unable to reach a consensus on where the joint child should be registered, then the court, in accordance with the provisions of Article 57 of the Russian Family Code, has the right to ask when making a decision , what opinion the child himself holds and which parent he would like to live with.
If the judge decides to ask the minor’s opinion and summon him to a court hearing, he must check with the parents who are parties to the dispute whether they have any objections to this action. Since the child is a minor, you should also inquire about the position taken by the guardianship authorities on this matter.
Article 57. The right of the child to express his opinion
The child is asked questions in the presence of a teacher. In this case, an environment must be created that excludes the possibility of influence on him by third parties.
When the court makes a decision, the parent with whom the child does not remain must be warned that in case of improper execution of the adopted judicial act, certain measures of influence may be applied to him and he faces punishment in the form of a fine, etc.
A loan without registration is the minimum package of documents required from the borrower. Applying for such a loan from an MFO does not take much time
.
What is needed to register a child - the answer is here.
We will tell you in detail about the fine for late registration here.
Registration procedure
Children must live with either one or both parents. You will need a package of documents, which should be submitted to the Main Department of Migration Affairs of the Ministry of Internal Affairs at the address of the house or apartment. An application can also be submitted through State Services or MFC.
A form will be provided on site, which must be filled out in legible handwriting and without abbreviations. If the registration is temporary, the period is indicated. It cannot exceed the validity of the certificate received by the parents. The specialist will check the information provided and set a date for a follow-up visit.
Required documents
You should prepare in advance for the registration process. When contacting an employee, fill out a consent form for the child’s registration. It is submitted with the rest of the set of documents, including:
- passports of legal representatives;
- birth certificate.
When the parents' registration address is different, consent from both will be required. Attendance is not necessary if it is difficult to ensure. A notarized statement is sufficient. An extract from the house register is also provided, but if you contact the MFC, it will be issued on the spot.
Registration deadlines
How long does it take to register? Upon receipt of documents by the responsible specialist, registration activities are carried out within 3 working days. If the necessary information is not enough, the period is extended to a week.
How can unmarried parents register their newborn child and register paternity?
Perhaps everyone knows that a newborn child needs to be registered. How can this be done if his parents are not married to each other? If the child's mother is married to another person at the time of his birth? The registration procedure may differ depending on the presence or absence of certain circumstances.
Where and when to apply. Registration of the birth of a child and establishment of paternity is carried out by the Civil Registry Office (other authorities). You can choose your registration location. Thus, you can register a child in the registry office (Article 204 of the Code of Lithuania): - at the place of birth or - at the place of residence of the parents (one of them).
Note: If you register the birth of a child at the place of residence of the parents (parent), then it will be indicated by the place of birth of the child (clause 22 of the Regulations on the procedure for registering acts of civil status, approved by Resolution of the Council of Ministers of December 14, 2005 N 1454).
An application for registration of birth is submitted no later than 3 months from the date of birth of the child (Article 206 of the Code of Laws of Ukraine).
Note: Missing the deadline is not grounds for refusing to register a birth. In this case, the registry office will check whether the birth certificate of this child was previously recorded at the place of birth of the child or at the place of residence of the parents (parent) (part 4 - 5 clause 12 of the Regulations on the procedure for registering acts of civil status, approved by the resolution of the Council of Ministers dated 12/14/2005 N 1454).
There is no specific period for registration of paternity, since the application for its registration can be submitted either simultaneously with the application for registration of birth, or after (clause 52 of the Regulations on the procedure for registering acts of civil status, approved by Resolution of the Council of Ministers dated December 14, 2005 N 1454 ).
What documents will you need?
If you want to simultaneously register a newborn child and register paternity, you will need the following documents (clauses 5.1 and 5.3 of the List of Administrative Procedures, approved by Decree No. 200 of April 26, 2010):
— a medical certificate of birth (Part 1 of Article 51 of the Code of Border Safety), which will be issued to the child’s mother after the birth of the child in the maternity hospital;
— passports or other identification documents of parents;
- birth certificates of the child’s mother and father (if you want the child’s documents to include a record of the parents’ nationality and if the nationality is not indicated in your passports) (clause 21 of the Regulations on the procedure for registering acts of civil status, approved by resolution of the Council of Ministers dated 14.12 .2005 N 1454).
Also at the registry office you will be asked to fill out:
— application for registration of birth (filled out by the child’s mother);
— application for registration of paternity (to be filled out jointly by the unmarried father and mother of the child). If one of you, for good reason (for example, remoteness of residence, serious illness, military service, etc.) cannot submit such an application in person, then your signature on the application can be certified by the head of the registry office, a notary or another person with the appropriate powers (clause 50, part 2 - 4, clause 28 of the Regulations on the procedure for registering acts of civil status, approved by Resolution of the Council of Ministers of December 14, 2005 N 1454).
Note: You also have the opportunity to submit an application to establish paternity during pregnancy (pregnancy is confirmed by a medical certificate of health). Such an application is submitted if there are circumstances that give reason to assume that filing a joint application to establish paternity after the birth of a child may turn out to be impossible or difficult (Part 5 of Article 214 of the Code of Laws of the Russian Federation).
If at the time of the child’s birth his mother is officially married to another person, then a joint application by the father and mother of the child to register paternity will not be enough to establish paternity. You will also need to submit (Part 2 of Article 54 of the KoBS):
- a statement from the child’s mother confirming that her husband is not the child’s father;
— a statement from the husband of the child’s mother, confirming that he is not the father of the child (Part 6, Article 51 of the Code of Laws of Ukraine).
If the paternity of the child cannot be established voluntarily (at least one of the above statements is missing), then the husband of the child’s mother is recorded as the father of the child (Article 54 of the Code of Laws of the Russian Federation). Such an entry can be excluded (and a new one made) only by a court decision to establish paternity. To do this, the real father of the child (or the husband of the child’s mother) must challenge the record of paternity in court (Article 58 of the Code of Laws of the Russian Federation).
Note: If a child was born within 10 months from the date of termination of the marriage (recognized as invalid) or the death of the child’s mother’s husband (declared dead in court), then, as a general rule, the ex-husband is registered as the father (Part 4, Article 51, Art. 208, 209 KoBS). An exception can be made only in the case of voluntary establishment of paternity (with the consent of the child’s mother, her ex-husband and the child’s father) or a court decision to establish the paternity of another person (Article 209, Part 2 of Article 54 of the Code of Laws of the Russian Federation). The record of paternity of the ex-husband can be challenged in court according to the rules of Art. 58 KoBS.
Registration of the birth of a child and establishment of paternity is free of charge (clauses 5.1 and 5.3 of the List of Administrative Procedures, approved by Decree No. 200 of April 26, 2010).
Child registration. Regular (not ceremonial, not combined with marriage registration, etc.) registration of birth and establishment of paternity must be carried out within 2 days from the date of submission of the relevant applications (clauses 5.1 and 5.3 of the List of administrative procedures, approved by Decree of 04/26/2010 N 200).
The registry office must issue you a birth certificate of the child and a certificate of paternity establishment (Part 2 of Article 201 of the Code of Laws of Ukraine).
Note: At the request of the parents, a certificate of establishment of paternity is issued to each of them (part 3, paragraph 57 of the Regulations on the procedure for registering acts of civil status, approved by Resolution of the Council of Ministers dated December 14, 2005 N 1454).
