Features of registration of a newborn child

State registration and the right of a newborn citizen

In accordance with the Federal Law “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and place of residence on the territory of the Russian Federation,” every citizen of the country must be registered. However, the lack of registration is not a reason for refusing to provide social assistance to a child.

In reality, everything is different. A certificate of registration of a minor will be required at the clinic, at the kindergarten, and at the Pension Fund to receive SNILS. In accordance with the Administrative Code of the Russian Federation, living without registration is punishable by law. For such an offense a fine of up to 2,500 rubles is provided.

Who has the right to register a child

In accordance with Article 61 of the Family Code of the Russian Federation, both parents have equal rights and responsibilities in relation to the child. Parents can register a child together or separately.

It is worth noting that a minor can only be registered at the place of registration of the mother or father. In accordance with the Family Code and Order of the Federal Migration Service No. 208, a child must live with his parents until he reaches 14 years of age or with one of the parents. It can be registered in the living space where the parents are registered or live, without the consent of the owner and third parties.

• If the parents live separately, then they determine his place of residence by mutual agreement.
• If a child is registered with his mother, then the presence of the father is not necessary. The mother can go to the passport office alone and submit an application.
• If the father’s place of residence is chosen, then there is only one option to register the child at the father’s place of registration. The mother must give written consent to this procedure; it must be certified by a notary or the housing office.
• The law provides for the registration of a child in living space that does not comply with legal standards.
• It is possible to obtain temporary registration at the mother's (father's) living space.

Registration of a newborn is a legal issue that implies certain norms prescribed in the articles of the Civil, Housing, and Family Codes.

Rules

By law, the baby is assigned to the place of residence of the father or mother. It is prohibited to include other relatives in the living space. Important rules:

• registration within 30 days simplifies the entire procedure;
• issuing a penalty in case of untimely registration;
• registration at the father’s place of residence requires the provision of a statement certified by a notary from the father and mother;
• registration for a limited period is provided exclusively at the place of residence of the mother;

Registration is issued for an unlimited or limited time.

Definitions of place of residence

By law, a child can be assigned to the place of residence of one of the parents. This applies to cases where the parents do not live together or are registered at different addresses. Everything is done with the voluntary approval of parents.

Expert opinion

Alexandrov Dmitry Petrovich

Practicing lawyer with 15 years of experience. Specializes in family law

If the parents live in an apartment or house, and the owner is another person, then the child’s registration can be carried out without additional approval from other residents or the owner himself. According to the law, such actions are considered legal, and it does not matter whether the parents are the owners of this property or not.

Where to apply?

Having received the child’s birth certificate in your hands, you next need to go to the passport office and give the necessary package of documents to register the baby.

You can register a child using the following government agencies:

• Multifunctional Center. By contacting the nearest branch, they submit documents against receipt of their acceptance. Next, an employee of the center will inform you by telephone about the appointed date when you can pick up the completed documents with registration.
• Public services. To do this, you will need to register on the site and enter your data. It will take 3 days for verification, and then an invitation to register will be sent to your email address.

All information must be verified, since the presence of an error is grounds for refusal.

What is important to know

The legislation of the Russian Federation does not regulate the issue of the maximum period for registration of a newborn child. Accordingly, no fines are provided in this situation.

1. To register a child, you can get by with the presence of one parent. For example, the baby’s mother can entrust this procedure to the father.
2. An exception to the rule is for parents who have not registered their marriage, when the child is registered with the father. In this case, two parents are present when registering.
3. If the parents are registered at more than one address and intend to register the child with the father, then a notarized consent is required from the mother.
4. If a child is registered with a mother in the same situation, the father’s consent is not required.
5. Registration of a child will not require permission from other homeowners, even when his parents are not the owners. This applies only to the first registration. In the future, when re-registering a child, the consent of the owner of the property will be required.

The child must be registered even if there is a shortage of square meters according to residential premises standards. The state protects a newborn from the prospect of becoming a person without registration.

Algorithm for married parents

Registering a baby is simple and does not require a large number of documents. If you prepare all the necessary papers, you can complete everything in one day.

Let's go to the registry office

At the first stage, it is necessary to obtain a child’s birth certificate from the district registry office, which can be issued by one of the parents. Documents provided: Russian passport, marriage certificate, certificate from the maternity hospital indicating the date, time and place of birth, as well as the weight and gender of the child. If within a month the parents have not chosen a name or issued a birth certificate for the baby, they may be issued a warning.

Now to the passport office or housing department

With the received birth certificate, you must contact the passport office of the housing department (HOA) to register the child.

It must be taken into account: if registration is issued within a month after birth, then the presence of one mother with the application is necessary. After this period, you may need a certificate from the father’s place of residence about the registered residents, which indicates that the child is not registered with him. This option is for the case if the child’s father is registered at a different address.

At the passport office, the parent where the child is registered must fill out an application form for the child’s registration (form No. 6). The forms are issued by the passport office staff. A sample of how to fill it out can be found on the information board.

The following documents must be submitted along with the application:

1. Birth certificate.
2. Passports of both parents.
3. Marriage certificate.
4. If a newborn is registered in an apartment, an extract from the house register about all those registered will be required. You can take it there. If a child is registered in a private home, then a house register is required, which is always in the hands of the owners.
5. A certificate from the personal account where the newborn is registered. It is issued at the accounting department of the passport office.
6. If a child is registered with his father, he must present the notarized consent of the mother.

All documents are submitted on a one-stop-shop basis. Along with the originals, you must also prepare copies of documents.

After submitting the documents, the passport office employees collect the certificate and passport. If a child is registered in a private home, then the corresponding entry will be in the house register. The registration period is usually one to seven days. There, parents can make a note in their passport about the birth of a child in the “children” column. On the appointed day, you can pick up your child’s passports and birth certificate.

Registration of a newborn: deadlines and fines

The birth certificate is issued on the basis of the provisions given in the Law of November 15, 1997 No. 143-FZ.

This requires:

• An application submitted no later than one month from the day the person was born.
• Medical birth certificate (or an oral statement from the person who was present at the birth outside a medical facility, made to a representative of the registry office).
• Passports of father and mother (biological).
• Marriage certificate of biological parents, so that information about the father can be obtained from it.
• An act establishing the fact of paternity (when the marriage is not concluded and paternity is established at the same time as the state registration of birth).
• Statement from the baby's mother (when the father is not identified).

The extract is needed to confirm that the mother or father acts as the owner or is registered at the place of the newborn’s intended registration.

It can be issued:

• owner;
• to the owner;
• the one registered in the premises;
• to another person who is authorized to act under a notarized power of attorney.

You can get it:

• in the multifunctional center;
• in the management company;
• in the HOA;
• at the migration service department (for private homeowners);
• in local administration;
• through the government services portal.

The extract is issued within a period of one to seven days - free of charge. Its issuance cannot be prevented by any debt on utility bills or other circumstances.

List of documents that will be needed for registration:

If registration is done at the “mother’s” address, then the application is submitted by the mother. When the marriage was not registered, and the father registers the newborn to his living space, both father and mother must be present at the time of submitting the documentation.

The package of the above documents attached to the application can be:

• Submit to the migration service authority (FMS) in the place where the mother, father, adoptive parents, guardians live - in person.
• Hand over to the responsible persons serving the housing department, the HOA, the homeowner, who must submit the documentation to the FMS within three days.

This is done in one of three ways:

1. Documents are brought to the FMS in person.
2. Through the district multifunctional center (MFC).
3. Via the Internet using the State Services portal, followed by submission of the attached documents in person on the appointed day.

Official registration at the place of residence is carried out at the FMS office. Is it necessary to register a newborn baby immediately after discharge from the hospital? This is necessary to ensure control by government agencies. The child’s health will be monitored by a local pediatrician, and visits from representatives of the social protection service are possible.

The simplest type of child registration is that both parents live together and have a marriage certificate. Usually an apartment or house is owned by one of them. Additionally, you will need to obtain an extract, which is generated based on information from the house register. Homeowners have it in their hands at all times; apartment owners must obtain a certificate.

You can register a newborn at your place of residence by filling out form No. 6. Additional requirements:

• appearance of two parents at the FMS office;
• have a birth certificate;
• in some cases - a certificate of no debt.

Based on these documents, the registration of a newborn is completed within a few days. A record of this will be in the house register, as well as in the electronic database of government agencies.

It is possible that the parents have not formalized their relationship and live separately. How to register a child at the place of registration of the father in this case? To do this, he must be recorded on the birth certificate and be recognized as a de jure parent. The mother's formal consent will be required.

The list of documents is no different from that described above, with the exception of a certified statement from one of the parents. It is important to determine in advance where the child will be registered - in his own apartment (house) or in rented housing:

• In dorm. The consent of the authorities supervising accommodation under a social tenancy agreement is not required. The same documents will be required to register a child; there is no need to provide a certificate of no debt for utility services.
• For a rented apartment. This opportunity appears if the mother or father of the baby is officially registered in this living space. In practice, landlords do not do this to protect themselves.
• With relatives. Since it is possible to register a child at the place of registration of the mother or father, one of the parents must go through the registration process. There will be a record of this in the house register.

According to current laws, there is no fine for late registration of a child at the place of residence. But most FMS employees recommend registering a newborn within no more than 1 month. Otherwise, penalties in the amount of 2,000 to 3,000 rubles may be issued.

This is done on the basis of Article 19.15 of the Code of Administrative Offenses of the Russian Federation. It states that Russian citizens living at a certain address must undergo mandatory registration. But in fact, such a fine can be easily challenged in court.

• The presence of two parents is mandatory if they are not officially married.
• To register at the father's place of residence, it is necessary to provide the state authorities with the notarized consent of the mother. In the opposite situation, the father's opinion is not taken into account.
• The first registration at the place of residence does not imply the consent of the property owners. To repeat, confirmation from them of their consent will be required.
• The area of ​​the apartment and the number of people already registered do not affect the possibility of registering a child.

The concept of “registration at the place of residence” has replaced the concept of “permanent registration”. Today these two definitions are used in parallel. The place of permanent registration of a particular person is a house, apartment, or other residential premises.

For a citizen to legally reside at a specific address, for example, the following grounds are needed:

• the housing is owned by him and his family members;
• apartment or house is rented;
• social hiring and other grounds provided by law.

Registering a child with his mother - step-by-step instructions

The step-by-step instructions for registering a newborn in an apartment with the mother at the first stage correspond to the described procedure.

The first step is issuing a child’s birth certificate

It is important to know that if the child’s parents have not officially registered the marriage and the father does not confirm his paternity at the registry office, then the baby cannot be registered with the father, because according to the child’s documents, he does not have one. If the parents have legally formalized their relationship, then a certificate is issued to either of them.

The second step is the passport office of the housing department (HOA)

At the passport office, an application for registration of the child is filled out (form No. 6). The forms are issued by the passport office staff. A sample form can be found on the information board at the passport office.

Along with the application you must provide:

1. Mother's Russian passport with a copy.
2. Birth certificate + copy.
3. A certificate of registered residents in the apartment where the child is registered (based on the house register). It is issued there upon presentation of a certificate of registration of the right to an apartment and a passport. When registering a child in a private home, you need a house register, which is always in the hands of the homeowners.
4. If the month after the birth of the baby is missed, a certificate of registered residents at the place of registration of the father will be required, which should indicate that the child is not registered with the father. This certificate must be taken if the father is registered in the apartment. When registering in a private house, they present the house register.
5. Certificate from the personal account of the housing where the child is registered. It is issued at the accounting department of the passport office.

After submitting the documents and application, the passport and birth certificate are taken away. If a child is registered in the private sector, a corresponding entry is made in the house register. The registration period is usually 1-7 days. Here they can make a note about the birth of children in the passport.

On the appointed day, you can pick up your child’s passports and birth certificate.

Procedure

The registration will be issued quickly and within the designated period if the correct actions are taken by the document submitters. Procedure:

1. taking a birth certificate from the maternity hospital;
2. taking a birth certificate;
3. an extract from the house register and its certification by the housing office or the village council;
4. provision of a certificate with stamps on the personal account from the utility company.

This is important to know: Features of the contract for the free use of non-residential premises

The next step is to contact the passport office for registration.

What to do if refused?

In accordance with the law of the Russian Federation, parents cannot be denied registration. Registration occurs regardless of the area of ​​the home.

But there is one reason for refusal - insufficient number of documents. Everything else is illegal actions that can be legally challenged.

Third party consent

The consent of third parties (other family members, tenants) is not required if the mother is registered at the child’s registered address.

If the mother is not registered at her place of residence, she must obtain consent to the child registration procedure from the owner. To do this, she needs to collect a package of documents:

• certificate of ownership;
• application for owner's consent;
• passport of the owner of the property (copy);
• arrival and departure sheets of persons registered at the specified address.

If the mother lives with her parents, then their consent to the registration of her grandson (granddaughter) is not required. It is worth noting that if the second parent does not consent to the child’s registration, then such actions will be illegal.

For what?

The article discusses the standard way of resolving legal issues, but each case can be individual. When solving a specific case, it is worth contacting a consultant directly.

In some cases, parents are in no hurry to register their child. Some explain it by lack of time, others by lack of knowledge of the laws of the Russian Federation. But the birth of a baby does not relieve the responsibility to act according to the law of the Russian Federation.

This is important to know: How to register in an apartment: documents for registration in a privatized and municipal apartment

It is necessary to register a child for several reasons:

1. Adhere to the norms of the legal system of the Russian Federation. The law clearly states that all infants must, within a certain period, be registered at the place of residence of one of the parents.
2. Obtaining all rights in the Russian Federation. Having a registration does not complicate the ability to get a place in a kindergarten, school, or obtain a medical insurance policy.

Lack of a registration does not make it possible to obtain a passport for a child.

Without the owner's consent

Citizens who do not know how to register a child without the consent of the owner often turn to legal advice. The current legislation simplifies the procedure for registering a baby as much as possible. Even if the owner expresses his disagreement with the registration, then in any case the parents have the right to register the child at the residence address of one of the parties.

Documents required for registration of a child:

• passport of mother and father (copies);
• child's birth certificate (copy);
• certificate of marriage or paternity;
• parent's application for child registration;
• statement from the second parent agreeing to register the child together with the first person (if the parents are registered at different addresses);
• extract from the house register;
• a certificate stating that the child is not registered with the second parent (if necessary).

A minor child must be registered through the migration service or through the State Services portal. You can print basic statements from it, saving time. The site’s interface is as simple as possible, so questions about how to register a child through government services will not arise.