Rules for registering minor children: with whom should the child be registered?

Registration procedure

How to apply for registration for a child? There are two options for registering a minor:

  1. An application and a package of necessary documents are submitted to the local branch of the FMS or MFC.
  2. You can submit an application and register on the State Services website. The registration procedure depends on the age of the minor.

Up to 14 years old

A child who has not yet turned 14 is registered by his parents or legal guardians. They must draw up an application in form number 6 and submit it6. If there are no parents, then all issues of registration and registration are taken over by the guardianship authorities.

In order to obtain registration for a child under 14 years of age, you need to write an application and submit it with the following documents

  1. Child's birth certificate
  2. Passports of both parents
  3. House book (if any)
  4. Arrival sheet
  5. Departure sheet (if the child previously had registration in another place).
  6. Agreement between separated parents.
  7. Marriage certificate.
  8. If a minor is registered with his father, then the mother’s consent is required
  9. Certificate from the place where the second parent living separately is registered

Other documents may also be required from an adult.

If a child comes to register with his mother, then the law says that the father is not obliged to be present and his consent is not required. Employees who require the presence and consent of the father are breaking the law.

From 14 to 18 years old

To register a child over 14 years of age, parental consent is not required.

The teenager fills out the application with his own hand (form number 1). Along with it you should submit:

  • teenager's passport
  • father's passport
  • mother's passport
  • home Book
  • arrival and departure sheets
  • passport of the owner of the premises plus documents for living space, if the child will not be registered with his parents. You also need to attach documents that confirm the relationship.
  • Sometimes questions arise whether it is possible to register a child who has not reached the age of majority alone without parents. And it doesn’t matter how it will be registered - permanently or temporarily. Yes, you can - here you will need to obtain permission from the guardianship authorities or a court order.


Application form for temporary registration (form No. 1)

This is important to know: Features of registration of a newborn child

How to register a child at his place of residence

Registration of a child at the place of residence occurs in accordance with the Administrative Regulations established by Order of the Ministry of Internal Affairs No. 984 of December 31. 2021, section 2, paragraph 50 for registration of minors days from the moment of their birth until they reach 14 years of age.

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List of required documents for registering children

Parents (siblings, adoptive or guardians) must provide at the passport office:

  • application for registration at the place of residence;
  • child's birth certificate;
  • passports of parents or other legal representatives;
  • if the child will be raised by a guardian - a document from the guardianship authority appointing this person as a guardian.

If documents for registration of a baby are submitted in order to receive maternal money, confirmation of his citizenship is required. Moreover, if at least one or both parents have Russian citizenship or the child was born on the territory of Russia, then he automatically has citizenship by birth, which is confirmed by a birth certificate in which a mark on citizenship is affixed (for more details, see Presidential Decree No. 1325, paragraph. 45.3 - 45.5).

What to do if the FMS requires additional documents

No other documents are needed for the initial registration of minor children if the parents live together in a registered marriage. This must be firmly known, since some impenetrable persons sitting in cushy places across the vast expanses and villages of Russia may demand:

  • consent of all homeowners to the registration of a minor in their apartment;
  • certificate of family composition;
  • documents for an apartment with a cadastral plan, etc.

None of this is needed:

The child is automatically registered for the first time in the same place where at least one of the parents is registered without the consent of the owners, without taking into account the area of ​​the premises. That is, regardless of the size of the apartment and the resistance of its owners, the minor will be registered without fail.

At the same time, homeowners do not have to fear that the tenant’s children will claim ownership rights: it cannot pass to them by right of inheritance, since temporary or permanent registration of parents gives the right to use the premises, but no more. It is impossible to become the owner of someone else's home by registering there.

When registering a minor for the second time, the size of the premises and the consent of the owners play a role, since according to the law, the child cannot be discharged to another housing if conditions unsuitable for his life are created there.

Registration of children in special cases

Sometimes unusual situations arise:

  • parents live in a civil marriage;
  • parents are registered but live in different places;
  • The child is being raised by a single parent.

In these cases, other documents may be required, in particular, the consent of the other parent to register the child with the spouse. (Basis: Article 61 of the Family Code on equal rights of parents).

  • If parents who are officially married live separately, the child is registered with one of them, while the second parent provides written permission for the child’s registration.
  • A civil marriage is not recognized as legal, so in this case the child is automatically registered with the mother, where she was registered, unless he is adopted by the second parent. If the father does not recognize the child, the mother is considered lonely.
  • If a common-law spouse recognizes his paternity, then he is recorded in the child’s birth certificate, and in the event of separation of the parents, his consent is required for the registration of his child with the mother, as happens in an official marriage.

If a child is registered with a single parent

If a parent will raise a child alone, then different documents are required for a single mother and a single father:

  • For a single mother, there are only three of them: the mother’s passport;
  • certificate from a single mother using a standard form from the registry office;
  • child's birth certificate.
  • For a single father, in addition to a passport and a child’s birth certificate, documents are required, depending on the situation:
      mother's death certificate;
  • mother's abandonment of the child;
  • court order depriving the mother of parental rights.
  • Is it possible to register a child at a place of temporary residence?

    Often a situation arises when parents live in one place, but are registered in a completely different place. And although the FMS may create obstacles by requiring the child to be registered where his parents are officially registered, they thereby violate Art. 20 of the Civil Code of the Russian Federation on the right of a child to be registered in the place of temporary residence of the parents.

    Temporary registration is also vital for children to see their family doctor, attend kindergarten, and then school in their area, and not on the other side of the city.

    But in order to obtain temporary registration for their child, the parents themselves must be registered at the place of temporary stay.

    Where can I register?

    There are three ways to register a child at the place of residence by submitting documents:

    • to the FMS department of the local Ministry of Internal Affairs (passport office);
    • through the MFC (multifunctional center);
    • on the government services website.

    Registration of children through the State Services website

    To send documents for registration of a child through the State Services portal, you must:

    • register;
    • write an application and enter the details of the documents specified on the portal;
    • send an application;
    • wait for the invitation to the Main Migration Department of the Ministry of Internal Affairs, which will come to your personal account.

    The application review period is three working days.

    On the State Services portal you can also issue a birth certificate, compulsory medical insurance policy and SNILS for the child.

    How does registration work?

    At the appointed time, one of the parents (either of the parents living together, or the one with whom the child will live) must come to the migration service department with all the necessary documents in the original. The registration itself is free of charge, without paying a state fee.

    Carefully study in advance the entire legislative framework on the issue of how to register a child at the place of residence in order to carry it out quickly, without possible obstacles.

    Registration of a minor child

    Russian law says: if a child is under 18, he must register and register in the same place as his parents. Or with one of them.

    Parents are required to go through the registration procedure prescribed by law.

    Attention! If for some reason a minor is discharged from the living space he occupies, then he must be registered within 7 days at a new address!

    Is it possible to be separated from your parents?

    Questions often arise whether it is possible to register a minor child separately from his father and mother. No you can not. This procedure can only be performed when the teenager turns 14 years old. And to register separately from the parents, it will be necessary to obtain the consent of either one of them or the guardianship authorities.

    Without the owner's consent

    Sometimes cases arise when the child’s parents are registered in a living space that they are not the owner of. However, if they need to register a minor at this address, then there is no need for the owner’s consent. A young son or young daughter may be registered in the apartment.

    Nevertheless, lawyers recommend obtaining the consent of the person in whose name the apartment is registered, because he has ways to discharge both adults and children.

    Interesting! Sometimes conflicts with the owner reach such proportions that the property has to be sold. And immediately after this, the new owner of the apartment immediately checks out everyone who is registered there.

    To a mortgaged apartment

    Registering a minor in an apartment taken on a mortgage is somewhat more complicated; there are some nuances here:

    • if the property taken on credit was registered after the birth of the baby, then he must be indicated in the mortgage agreement as a person entitled to registration
    • if the baby was born later than the agreement with the bank was concluded, then in this case it is necessary to coordinate the registration with the banking institution.

    To privatized housing

    To register a minor in a privatized apartment, one of the parents must have ownership of the property. Then you can register with a minimum of documents.

    To the municipal

    Any citizen can register in municipal housing by concluding a social tenancy agreement. And his entire family, every member, has the right to this.

    Attention! A child born after the agreement was concluded must be registered in the same place where the parents are registered.

    Newborn

    The law does not say anything about the time frame for registering a newborn, but it is advisable to register a newly born baby as quickly as possible. Otherwise, neither the children's clinic nor other institutions will issue it - it will be simply impossible, and the parents will be fined.

    On a note! The newborn is registered in the apartment with his parents

    What laws govern the procedure?

    These issues are covered in the Constitution, Family and Civil Codes, as well as in various administrative regulations and government decrees.

    For example, Article 20 of the Civil Code states that a person under 14 years of age can only be registered with parents or other legal representatives.

    Article 54 of the Family Code states that a child has the right to live together with his parents. Moreover, Article 61 of the same code states that parents have the same rights in relation to the child.

    Article 61 of the RF IC. Equality of rights and responsibilities of parents

    1. Parents have equal rights and bear equal responsibilities towards their children (parental rights).
    2. Parental rights provided for in this chapter are terminated when children reach the age of eighteen (the age of majority), as well as when minor children marry and in other cases established by law when children acquire full legal capacity before they reach adulthood.

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    That is, any parent can register a minor. Consent, if you are already 14 years old, can be given by either parent. Allowing one of them is enough.

    Procedure

    When registering a minor, you must follow a certain procedure.

    Where to contact?

    Parents need to come to the passport office or migration service located on the territory of their place of residence. In addition, they can contact the MFC - a multifunctional center, where they will take the necessary actions.

    You can take the first steps to register your child without leaving home - just use the Internet, go to the State Services website and send an application. Using this site, you can submit an application to any government agency.

    Required documents

    Here is a list of papers required to register a minor

    • birth certificate. To register a newborn, parents must first contact the registry office and register it
    • passports of both parents.
    • if parents are registered at different addresses, it is necessary to provide notarized consent of the second parent
    • When registering in a private house, you need to bring an extract from the house register
    • statement. Written on a form specially designed for this purpose.
    • a departure slip confirming that the minor does not have registration at another address.

    Attention! The employee accepting documents at the passport office may require you to provide not only the papers described above, but also something else. Let's say a marriage certificate.

    Deadlines

    They register at the place of residence quite quickly. As a rule, this takes from three to seven days. If documents are submitted not directly, but through the MFC, the period may be a little longer.

    This is important to know: What documents are needed to register a child?

    Price

    Registration at the place of residence (whether permanent or temporary) is free of charge, so those who submit documents for registration do not need to pay anything. The only thing you will have to spend money on is paying for the work of a notary, if you have to contact him.

    Remote application submission

    In the 21st century, the Internet is widespread, so you can interact with government agencies - this also applies to citizen registration - using the State Services portal.

    To apply for registration of a child, you need to do the following:

    1. Find a site
    2. Register on it and receive a login, a unique password, and the right to put an electronic signature.
    3. To apply for child registration, you need to find the Federal Migration Service page and open the tab called “Registration of Citizens”
    4. A window will open with a special form where you need to enter the details of all documents. All papers required for registration must be scanned and uploaded into the windows provided for this purpose.

    If the required information is entered correctly and copies are made in accordance with the requirements, the system will display a list of FMS branches, one of which must be selected and later received a certificate from it.

    It takes from 3 to 7 days to receive it; you need to have all the collected documents with you.

    Attention! After receiving the invitation, you must appear at the FMS office no later than 3 days later, otherwise the application will be canceled and will have to be submitted again.

    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.

    Reasons for refusal


    If all documents are in perfect order, then there is no reason to refuse registration. Usually they refuse when the complete package of papers is not provided, or they contain dubious information.

    Here are other reasons why problems may arise:

    1. One of the parents did not give consent
    2. Parents do not have the opportunity to register their child from the address where he previously lived
    3. Municipal real estate is registered in the name of a minor.

    All these cases prevent the registration and discharge of a minor child, making these actions impossible.

    Can a child be registered separately from the mother?

    then he has the right to live separately from his parents, but only if his parents give their consent to this (mutual consent). Otherwise, the child is deprived of the opportunity to live separately from his parents, and will be able to exercise his right to separate residence only upon reaching 18 years of age.

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    Consequences for the owner

    Many apartment owners refuse to provide their living space even to people they know well with children. They do this because

    1. No one asks the owners when they issue registration for the child.
    2. As soon as the question of discharging a minor arises, a lot of problems will immediately arise - discharging a child is not such a simple matter.

    Therefore, it is often necessary to contact either the guardianship authorities or the court.

    Good news! Registering a minor is a procedure that does not require either time or a lot of money from his parents.

    And those who do not comply with this simple but necessary formality will not only be fined, but will also face a lot of difficulties in the future.

    Consequences of fictitious temporary registration

    There are cases when parents want to enroll their child in a good educational institution, choose a permanent or temporary address assigned to it and register there. Although in reality neither the teenager nor his parents have anything to do with him.

    Expert opinion

    Golubev Denis Petrovich

    Lawyer with 7 years of experience. Specialization: civil law. Author of dozens of articles in the media

    Criminal law measures are provided for such actions. Thus, Federal Law No. 376 of December 21, 2013, which is responsible for punishing citizens who violate registration rules, has become more stringent. Now, fictitious registration is punishable by a fine of 100 to 500 thousand rubles or imprisonment for up to three years. And the temporary registration of a minor child, carried out in circumvention of the law, will have serious consequences for the parents.

    Punishment applies both to parents who fictitiously registered a child, and to those who provided an apartment for these illegal actions.

    Attention! People who are trying to illegally make money by registering a large number of citizens in their apartment need to know that such a risky option can be punished.

    This is important to know: Features of registration and payment of state registration fees, general concepts about registration

    Material risks of the homeowner

    There are many material risks, so it would be worth talking about each of them in more detail.

    1. There is no risk of losing ownership, because temporary registration has nothing to do with the ownership of real estate. And here it does not matter who the person undergoing registration is and what age he is.
    2. Payments for utilities will increase. Payments made not according to meter readings, but according to the number of people registered in the apartment, increase based on how many people live in the apartment.
    3. The periods of registration of a minor and his parents do not correspond to each other. Let’s say that the parents have already reached the end of their registration period, but the minor is fine with it. Then adults again have the right to register, because their son or daughter is registered there.
    4. If a minor is mistakenly registered not temporarily, but permanently, then he will not be allowed to register even by a court decision. Then you will have to sell the housing and discharge the child from there on the basis of Articles 292 of the Civil Code and 31 of the Housing Code of Russia.

    Features and nuances

    The procedure for registering a minor contains many nuances that you should be aware of.

    • As soon as you receive the baby’s birth certificate, you must immediately begin to complete the paperwork. No later than 14 days after birth.
    • It is worth remembering that unmarried parents can register the child in the father’s name if he provides documentary evidence of paternity.

    Important! The documents must be collected correctly right away - then nothing can be conveyed. You will have to register again and write a new application.

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