Some citizens mistakenly think that a child can be registered only with the mother’s registration. However, a child can also be registered where his father is registered.
If the parents are registered in different places, in order to register the baby, it is necessary to provide the consent of the mother or father for the child's registration.
How is a document drawn up in 2021, does it need to be certified by a notary and is it necessary to write consent if both parents are present when submitting documents for the child’s registration?
Before finding out how to obtain consent for the registration of a child and whether it is necessary at all, it is necessary to emphasize that a child can only be registered at the address where his mother or father is registered. No one will ever be able to register a child at another address (according to Article 20 of the Civil Code of the Russian Federation).
The Family Code states that if parents have separate registration/live separately, then both parents must figure out together the question of which address is best to register the child.
Up to what age should you register?
A newborn child should be registered no later than 7 calendar days after the issuance of a document recording the fact of birth by the civil registry office. Read more about how long after the birth of a child he needs to be registered in an apartment, read here.
under 14 years of age live without registration beyond the established period, penalties will be applied to the father and mother in the amount of 2,000 to 2,500 rubles . (Article 19.15 of the Administrative Code).
Current legislation emphasizes that a child must be registered with one of his representatives according to the law (Article 20 of the Civil Code of the Russian Federation, Article 65 of the RF IC). Accordingly, it is possible for children to be registered in the home where one of the parents is registered. Read more about how a newborn child is registered in an apartment after birth, and you can find out how to register a child at the place of residence of one of the parents here.
The need for registration arises for a number of reasons:
- The appearance of a newborn in the family;
- Moving a family to a new place of permanent residence;
- Changing the place of stay of legal representatives with children for a period of more than 90 days;
- Permanent movement of the family associated with the performance of official duties by parents (FMS order No. 288).
Government Decree No. 713 divides registration into legal and fictitious.
The right to carry out legal registration is vested exclusively in the Federal Migration Service. You can apply in person, by mail or through online resources.
When is it necessary to register a child in an apartment?
2 situations oblige parents to draw up this document:
- Registration of a minor until they reach 14 years of age with one of their legal representatives, if the father and mother are registered in different real estate properties;
- Registration at the place of residence of a child who has received a passport, in housing in which none of his legal representatives are registered (you can find out whether a child can be registered separately from his parents and without parents here).
Cost and validity period
Cost may vary. If certification is not required, the form will be free. If you need to certify the parents’ signature and confirm their identity, then the cost will not exceed 800 rubles . If you need a power of attorney on an official standard form, the cost starts from 1,500 rubles. The price depends on the type of document.
The validity period is equal to the period indicated on the form. If there is no deadline on the form, then the document is valid for a year.
Read about the cost of a power of attorney for a child to travel abroad here.
A power of attorney for a child can be drawn up in different situations. It is best to contact a lawyer for registration. But the handwritten version, most often, also has legal force.
Is the father's or mother's consent required?
A statement confirming that there are no objections to the child’s registration is required if his legal representatives are registered in different apartments .
When choosing a place to register a minor, you should first of all be guided by the interests and observance of the legal rights of the children. If the father and mother do not come to an agreement on this issue, then it will have to be resolved in court by filing a claim to establish the child’s place of residence.
There is also a nuance: a citizen who has reached the age of 14 can obtain registration in a home in which his legal representatives are not registered, but this also requires their consent (clause 118 of the Administrative Regulations).
Is the owner's consent required to register a child?
Registration of children at the place of registration of the father or mother is possible without the consent of the owners .
If one of the parents is registered in the apartment, then he has the right to register the minor with him.
This rule is regardless of whether the closest relative (adoptive parent or guardian) has the right of ownership or right of use.
Download a sample consent to register a child at the parent’s place of residence
You can find out whether it is possible to register a child without the owner’s consent to an apartment and how registration of a newborn is carried out here.
Identification methods
Certification of the permit is carried out:
- Notary.
- A doctor.
- Parent or guardian.
Any power of attorney can be certified by a notary; this is not prohibited by law.
But this is not always necessary.
A doctor may certify permission to provide medical services.
In addition to the doctor, a lawyer can also provide assurance.
Permissions are certified by parents and do not require official notarization. The guardian's signature is a means of verification.
What is needed for registration?
To register in residential premises owned by third parties, parents provide a package of documents, including the consent of all owners of the residential premises .
The owner can issue to parents:
- Temporary registration at the place of stay (commonly known as temporary registration);
- Permanent registration at the place of residence (in colloquial speech - “permanent registration”).
Obtaining written consent from all homeowners for the registration of an adult is a guarantee of respect for human rights enshrined in the Constitution.
Features of the child registration procedure and main nuances
Carrying out the registration procedure with the participation of a minor child involves many nuances.
It is worth considering that when collecting the package of documents itself, it is necessary to understand the differences in registration procedures:
Dear readers! We cover standard methods for solving legal problems, but your case may be unique. We will help you find a solution to your problem for free
— simply call our legal consultant at:
+7 (Moscow)
+7 (St. Petersburg)
8 (free call within Russia)
It's fast and! You can also quickly get an answer through the consultant form on the website.
- what type of registration is being issued - temporary registration or permanent;
- who is the owner of the housing in which the child is registered;
- whether the parents are divorced.
The process of registering a child is complex in itself.
It is important that all documents are drawn up and filled out correctly, without errors or inaccuracies, since government agencies are especially attentive to the registration of a child and check the submitted documents more carefully
How to write consent for a child’s registration? Sample
With the exception of other documents required for registration and in the case of minors provided by their legal representatives, consent does not have a regulated form and can be written in any form .
However, the established form must contain all the necessary elements:
- A clear indication of the registration authority to which the consent is sent, and information about the initiator of the application (name, passport details);
- Below in the middle of the line is the word “statement”;
- Please register the child with one of the parents, indicating his name, date and place of birth, data on the birth certificate in connection with the absence of objections from the second;
- Date and signature of the applicant.
Despite the absence of a legally approved form, a sample of the completed consent is usually presented on a stand at the FMS office, which facilitates the task of the person applying for registration for children.
Download a sample application for child registration
Notarized confirmation
Issue a notarized confirmation only in two cases. The first is when the consent of the spouse is required in the event of the purchase or alienation of certain property, which requires state registration or a notarial application
. It is worth noting the fact that in the process of concluding transactions related to shares of an LLC, there is no need to formalize any consent, but for this, during the transaction process, when signing the agreement, the spouse must be personally present at the notary.
Also, registration of notarial consent is required if one of the people living on the territory of this apartment does not intend to take ownership of a certain part of it.
Special attention should be paid to situations where the child is going to be taken abroad, since in this case the procedure for obtaining consent must be carried out without fail in accordance with the current legislation of Russia and the country to which the child will go after all procedures have been completed. Thus, Russian legislation provides for the mandatory presentation of this document in case of crossing the border, but such a requirement is put forward only when a child leaves the country unaccompanied by parents.
Download a sample owner's consent for registration
Among other things, the consent of employers to temporarily register a child is required when the child needs to be registered at the specified address only for a certain period of time. Moreover, if the apartment is owned by the state, then in this case consent will be needed not from its owners, but from all people who live on its territory
. In the case of registration in privatized housing, notarized consent must be issued only by its owner, as well as by all his family members who live on the territory of the house.
The period during which the notarized consent will be valid is established by the person who executed this document. If it is not established, then in this case the document is recognized as unlimited and loses its force only after the applicant cancels it.
To obtain consent, the applicant will only need to provide his passport, as well as documents confirming his rights to the specified property
Written form
The head of the Federal Migration Service of Russia to “indicate the region in which the child is registered”
“Name of the head of this service”
From “The applicant’s full name, year of birth and basic information from the passport, as well as residential address”
Statement
I, “full name of the applicant,” hereby give my consent to have my minor daughter (or son) registered at my place of residence, “full name of the child, as well as his date of birth.” Registration of the child is carried out in the apartment, which is located at the address: “housing address”
“Date of execution of the document and signature of the applicant”
Registration of a minor
If one of the parents is registered in a certain housing, then in this case he can register a minor child there without the need to obtain prior consent to carry out this procedure from the owner of this premises.
In this case, you just need to submit an application in form No. 1 or No. 6, depending on how exactly the child will be registered - on a temporary or permanent basis.
Documents for obtaining permanent registration of a child
To obtain permanent registration you will need the following documents:
- Identity card (passport);
- Certificate of legal registration of the fact of birth - for citizens under 14 years of age or a passport - for persons from 14 to 18 years of age;
- Petition (form No. 6).
Parents, being the legal representatives of a child under 14 years of age, fill out an application for him and submit documents in person or through the MFC. Once you reach the age at which a passport is issued, it is not possible to obtain registration on the basis of a birth certificate.
The closest relative, who is unable to personally be present at the registration of the child, provides consent and a copy of the passport, certified by a notary .
If one of the child’s parents is a citizen of another country, then documents with an apostille translated into Russian are added to the list:
- Copy of the passport;
- Permission from one parent to register the child with the other.
The result of the provision of public services is the issuance of a registration certificate (for children under 14 years of age) or a registration stamp (for persons over 14 years of age).
A child registered in an apartment that is not the property of his mother and father has the right to use the housing, but not the right of ownership.
The registration service is provided by the Federal Migration Service free of charge .
The most formalities must be observed when registering a minor child who does not yet have a passport. A person aged 14 to 18 years is quite capable of independently filling out the necessary forms using the samples located on the stands.
Through State Services
To register a child through the State Services portal, the father must first register on the website .
The user creates a personal account, receives a password, login and electronic signature.
After this, he has the opportunity to receive many government services, including the ability to remotely submit an application for registration.
After filling out the information on the FMS page, the system prompts you to select a territorial office to receive a Child Registration Certificate.
an invitation to the procedure for obtaining a Certificate of Registration will be sent to your email address .
to the department within three days with original documents. If the Certificate is not received within this time, the application will be canceled and the procedure will need to be completed again.
