Registration of a child without the consent of the father - in 2021, registration of a minor at the place of residence of the mother

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.

Registration at the place of residence

It is necessary to consider, as an example, a case when it became necessary to register a minor at the place of residence of his mother. The child was born in an unofficial marriage. The father officially recognized his paternity, which is noted on the birth certificate. After a while, the parents separated. When contacting the passport office, the mother received information that the child was not registered at her place of residence.

After contacting a lawyer, she received advice to obtain the father’s consent to register the child at her place of registration (the apartment is owned). If the father refuses, the mother's next step should be to go to court.

Registering a newborn at the place of residence through the government service website is a simple and quick way to register a child.

What needs to be done with registration after selling an apartment can be read in the article at this link.

The Family Code determines that if the parents are registered separately, the place where the child will live must be determined by agreement of the parties. In this case, one of the parents must be registered there.

You need to know that if you want to register a child at your place of residence, the law does not oblige parents to obtain consent for this from other residents in this apartment. This right is assigned even to a person who is not the owner of the property. In this case, only the consent of the second parent is required.

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).

If parents are divorced

If the child’s parents are divorced, the second parent’s passport will still be required for registration. The fact of divorce does not matter. Clause 1 Art. 61 of the RF IC - “Parents have equal rights and bear equal responsibilities in relation to their children (parental rights).”

Exception: you do not need to provide the second parent’s passport if there is a court decision to determine the child’s place of residence with the first parent. Clause 2 art. 65 of the RF IC - “The place of residence of children when parents live separately is established by agreement of the parents. In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children.”

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 approval required by law for registering minors?

The circumstances when registering a newly minted citizen may be different:

If legal representatives live and are registered in the same living space, then official consent is not required to obtain registration.
If a parent is registered in housing of which he is not the owner, then he has the right to register the child even without the consent of the owner.
If the representatives of a minor live and are registered in different apartments, then for his registration he will need the consent of the parents and a corresponding statement of no objections to the choice of place of registration.
If the representatives live and are registered in different housing areas and have not come to a common opinion on the registration of the minor, then the issue is resolved by filing a lawsuit to establish the child’s place of residence.
If a citizen has reached the age of 14 years, then he can register in accordance with Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 N 984 “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for registration of citizens of the Russian Federation at the place of stay and at place of residence within the Russian Federation”, in any other housing, but with the consent of the owner.

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 .

How to register a child without the father's consent?

The first step is to make sure that registering a child without permission is really possible. To do this, the above conditions must be met .

If you need to register a newborn, then to begin the registration procedure you need to wait for the issuance of a birth certificate (not a certificate, but a certificate).

It can be obtained from the registry office on the basis of the passports of both parents, a marriage certificate and a certificate that the baby was born.
This certificate, by the way, is valid for only 1 month, so you need to obtain a birth certificate immediately.

When it became clear that registration of a minor without the consent of the father is really possible, you need to go to the FMS office. This may be a territorial authority at the place of registration or residence of either parent.

The entire registration procedure takes place at the migration service. If you already have the necessary documents, then there is simply no need to visit other services.

Read our article about how to register a newborn child through the MFC or State Services.

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.

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.

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

Detailed instructions for registering a child without the father’s consent

Any legal representative of a child can register a child. To do this, you will need two main documents: the parent’s passport and the baby’s birth certificate.

Article 20 of the Civil Code determines that the place of residence of a child who has not reached 14 years of age is the place of residence of the parents or his other legal representatives. Moreover, in the case of registering children, it does not matter what the owner of the apartment thinks about this; if a parent is registered in this living space, he has every right to register the child there.

Taking this into account, the mother’s passport with the appropriate registration serves as documents authorizing registration. With the child’s passport and certificate, you need to go to the passport office, write an application according to the established template, and fill out the arrival form.

If a child is re-registered, a departure form must also be filled out. As a result, he will be automatically deregistered at his old address and registered at his mother’s place of residence.

After submitting documents, registration must be completed within three days. You may encounter a reluctance from a FMS representative to register a child without the consent of the other parent and his presence, but such a refusal is not legal. In this case, you should prepare an application addressed to the head of the service and report the verbal refusal of his subordinate.

If such an appeal does not give the expected result, you need to file a claim in court.

Practice shows that judicial authorities make decisions in favor of parents, obliging the FMS to register children at their place of residence without the presence of a second parent

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.