general information
Registration at the place of residence of a newborn child is mandatory. This is enshrined in federal laws. When a child is born, he almost always receives Russian citizenship automatically.
He has a certain set of rights, and with age he will be subject to more and more responsibilities. The first of these is the preparation of all necessary documents.
This responsibility is exercised by the father and mother of the newborn. It is highly advisable to do this in the first few weeks after a child appears in the family.
Registration is required even in cases where the conditions of the apartment do not allow this. The form of real estate does not play any role. The premises can be privatized or communal. The type of real estate also does not play any role. The only thing that is impossible is registration in a room not intended for residence.
Advantages of registering at your place of residence
Parents’ concerns are relevant – are there any restrictions on registration and whether it can be avoided. After all, every person registered in a living space, no matter how small, influences the calculation of utility consumption and other important indicators.
Current legislation requires citizens to register from birth. A newborn child is a citizen of Russia, and timely registration will avoid administrative penalties - a fine.
The baby needs services - kindergarten, school, medical care. All procedures require registration at the place of residence. Without it, it will be difficult to obtain services and respect the rights of the child.
How to register a minor child in another apartment
It often happens that a child comes to stay with a relative for a long period. You must be assigned to a clinic and go to school at your current place of residence. Temporary registration will save the situation. To complete it, you will need the presence of the child’s mother or a notarized written permission from her.
A minor child can be registered in another apartment with the consent of the mother. The father will be required to fill out an application to register the child. If the mother refuses to register, government authorities have the right to refuse to register the baby. An exception is a court decision to transfer parental rights to the father, not the mother.
To discharge a child from one apartment and then register him in another, you will need:
- Approval from guardianship authorities. After moving, the child’s standard of living and his share should be at least no worse than the previous conditions. Preferably better. Guardianship authorities are required to check the level of suitability of housing and approve the discharge of a minor. If the child is ten years old, his personal permission will be required.
- Speed. It is necessary to fit the child into the new apartment immediately after checking out from the old one.
Why do you need a registration for a child?
Registration at the place of residence is required for:
- Registration of a compulsory health insurance policy,
- Registration of social benefits for a child,
- Obtaining maternity capital,
- Definitions of a child in kindergarten.
For example, a policy is required for services in a clinic. There they will be required to make a photocopy of it. It is impossible to place a child in a kindergarten or school without this document. Child registration is also one of the most important documents for receiving benefits.
Responsibility for late registration of a child
Registration at the place of residence of a minor child in Russia is a mandatory procedure. Responsibility for late registration of the baby after birth lies with the parents or legal representatives. Laws regulating the registration of newborns in the Russian Federation:
- Art. 20 of the Civil Code of the Russian Federation, which determines the place of residence and registration of the child with his parents;
- Art. 65 of the RF IC, which resolves the issue of the child’s place of residence when the parents live separately;
- clause 28 of the “Rules for registration and deregistration of citizens of the Russian Federation”, which approves the list of documents required for registering a child.
Failure to timely register a newborn child entails administrative liability and fines in the amount of 2,000 to 3,000 rubles, based on Article 19.15.1. Code of Administrative Offenses of the Russian Federation. The period determined for the registration of a newborn:
- 7 days after receiving the birth certificate;
- 7 days after the child moves to a new place of residence.
Important! Article 19.15.1. The Code of Administrative Offenses of the Russian Federation has a note on the basis of which citizens living with their parents, in particular, minor children and their legal representatives, are exempt from administrative liability. As evidence of a family or other connection, it will be sufficient to provide a birth certificate and a court decision appointing a guardian or adoptive parent (if the child does not have parents).
An unreasonable fine may be appealed in court or to the management of the territorial branch of the migration service. To do this, it is necessary to submit a statement of claim or complaint to the relevant authorities, which must describe the circumstances due to which the parents were not able to register a newborn child within the time limits established by law, and, based on the above-mentioned legislative acts, make demands for the cancellation of the administrative fine. To summarize all of the above, let us note the main points that are important to consider when registering a newborn baby.
- Registration of a newborn child is carried out at the place of residence or at the place of official registration of the parents without the consent of other persons living in this living space. The Migration Service does not have the right to require the written consent of other family members from parents to register the child.
- In the case of separation of parents, the place of registration and place of residence of the child is determined by their agreement, while if the child is registered with the mother, the father’s consent is not required, however, if the registration of the newborn is planned with the father, who lives separately from the child’s mother, it will definitely be required from her notarized consent.
- The parent who plans to register a newborn must be present at the migration service.
- In case of separation of parents, the mother cannot register the child at the place of residence of the father without his consent and vice versa.
- Registration of a newborn child is carried out regardless of the standard square footage of the living space.
- Registration of a newborn at the place of residence of the parents is a free procedure, not subject to state duties and taxes.
- Any violations of the law by the migration service or the EIRC, as well as other controversial issues relating to the registration of minors at the place of residence of the parents, are considered by a higher authority or in court.
Nuances of registering a child
Sometimes a child's need may arise without the owner's consent. This can be done in cases where one of the parents is himself registered in the residential premises. This is reflected in the Family Code of the Russian Federation.
The same applies to those situations when the apartment in which the child needs to be registered is municipal. In this case, registration of only the father or only the mother may also be required.
However, we note that you cannot register a newborn with friends or with grandparents.
Registration of a child in a separate property is prohibited. This applies to all cases, including those where the infant is the owner of the home. The Family Code of the Russian Federation does not provide for the separation of minor children and their parents.
What are the nuances?
Sometimes it becomes necessary to register a child without the consent of the owner. This can be done when one of the parents is registered in the residential premises. The Family Code of the Russian Federation speaks about this.
A newborn child can only be registered with his parents
The same applies to situations when it becomes necessary to register a child in a municipal apartment. In this case, only the father or mother may need to register.
You cannot register a new family member with friends and grandparents.
It is prohibited to register a newborn child in a separate property. This applies even to those cases where the baby is the owner of the premises. The Russian Family Code does not provide for the separation of minors from their father and mother.
Rules for registering a child
Registration for a newborn child is issued according to the following rules:
- In order to register a child in an apartment, the consent of the homeowners is not required.
- If a newborn is registered at the place of registration of the father, then the mother must authorize this in writing.
- If the baby is registered at the place of residence of the mother, then the father, provided that the marriage is not dissolved, may not give his permission, since it is not necessary in this case.
- Registration of newborn children is guaranteed by the state.
The optimal period for preparing all documents is 7 days from the date of receipt of the birth certificate.
Features of registration of a newborn
A newborn up to the age of 18 is recognized as a child and has a range of rights that extend to the housing sector. That is why you should understand the features of the baby’s registration:
- The owner's consent is not required to carry out registration actions.
- Migration department specialists cannot require consent to register a child from other persons living in the residential premises.
- You cannot delay the procedure, otherwise medical, social and other assistance may be denied.
- If registration is being organized at the place of residence of one of the parents, it is necessary to obtain consent from the other, or to appear at the passport office together. Otherwise there may be a refusal.
- If the parents are not officially married, they can choose any place to register the baby.
Each parent must first take care of registering their newborn baby. This is an important legal action that has legal consequences.
Going to the passport office
Parents fill out an application on form No. 6. Forms are provided by employees of this organization. You can download:
- Application for registration of a child at the place of residence,
- A sample of how to fill it out.
A sample of filling out an application for child registration can also be seen on the information stand. The following documents must be submitted along with the application:
- Mother's passport
- Father's passport
- Marriage certificate,
- An extract from the house register (if the child is registered in a private house),
- A document indicating the status of the personal account of the place of residence.
Passports are submitted both in original form and photocopies. If a child is registered in a private house, then a house register is provided, which is in the hands of the owner.
A document showing the status of the personal account of the place of registration can be obtained from the organization’s accounting department.
Documents for registering a child are provided on the same day.
The registration period varies from 1 day to 1 week.
Package of documents
The required package of documents was described earlier, but you should determine the general package that needs to be collected according to the general rule:
- A completed application in Form No. 6. As a general rule, it is issued by passport service employees.
- Birth certificate of the newborn.
- Passports of parents or one of them.
- Marriage or divorce certificate.
- Certificate of paternity.
- An extract from the house register describing the composition of the family.
- Certificate from personal account.
- Consent of one of the parents if necessary.
This is a general list that may vary depending on the situation. To receive advice and assistance, you need to contact the passport office. As a rule, an extract from a personal account is not required in practice; employees of the authorized body do not request it.
Application form No. 6 for registration can be downloaded from the link:
As a rule, you do not have to fill out the document in advance; employees will issue the form during your personal appointment.
Register the child according to the mother's registration
You can register a newborn at the mother’s place of registration using the following documents:
- Original passport and its photocopy,
- Child's birth certificate,
- Certificate of title to real estate,
- Foundation agreement.
In addition, it is allowed to submit an extract from the Unified State Register. If the mother lives in a municipal apartment, a social tenancy agreement is permitted.
What are the rules?
Registration for a newborn is issued in accordance with the following rules:
- in order to register a new family member, the father and mother do not need to obtain the consent of the property owners;
- if the baby is registered at the place of registration of the father, then the mother must authorize this in writing;
- if the baby is registered at the mother’s place of residence, then the father, if the marriage is not dissolved, may not give the appropriate permission;
Sample written permission from the father to register the newborn with the mother
- registration of newborn children is guaranteed by the state.
The optimal period for preparing and submitting all certificates is 7 days after receiving the birth certificate.
Register the child according to the father's registration
Both parents must come to register a newborn child at the father’s place of residence. The father and mother write separate applications to register the child. The father fills out a standard application in form No. 6, and the mother fills out an application for registration of the newborn at the place of registration of the father.
Otherwise, the list of documents is exactly the same as when registering a child according to the mother’s registration.
If the father does not confirm his paternity in the registry office, then it is impossible to register the child with him. This is explained by the fact that legally a newborn does not have a father.
Procedure for registering a newborn child
Registration of a newborn has certain deadlines and differs from registration at the place of permanent residence or temporary stay of adults. Let's consider several options for possible registration of newborn children.
- Registration of minors with legally married parents.
Registration for a child can be completed literally in one day if you prepare the necessary documents in advance. In order to register a child, first of all, it is necessary to obtain a birth certificate; for this, to the district registry office, either spouse must provide:
- a passport certifying Russian citizenship;
- a certificate from the maternity hospital confirming the fact of the birth of the baby, indicating information about the time and date of birth, gender and weight of the child;
- Marriage certificate.
Important! To avoid fines and administrative warnings, a birth certificate for the baby must be obtained within 1 month after his birth.
Having received the birth certificate in your hands, you can go to the passport office to register the child at the place of residence, where you need to fill out an application in Form No. 6 and provide the following documents with it:
- original and copy of the baby's birth certificate;
- originals and copies of Russian passports of both parents;
- original and copy of marriage certificate.
Important! If the child is registered at the father’s place of residence, a notarized consent from the mother will be additionally required.
The period for completing the registration procedure for a newborn baby is from 1 to 7 days from the date of submission of the application and documents. The presence of a child's registration is entered in the parent's passport.
Things to remember
A person who plans to permanently register a newborn is required to be present at the service unit responsible for migration. If spouses who are not divorced do not live together, the baby’s mother cannot register him at the father’s place of permanent registration without receiving his consent to this step.
You should not trust people who say that this procedure is paid. A newborn is registered free of charge. There are no additional government duties or taxes.
A Russian citizen will have to pay only if some additional services are provided that are not part of the standard procedure. There are also additional costs for the notary's activities.
If you notice violations by migration service employees when resolving your registration issue, you have the right to go to court.
Where can a newborn be registered?
The choice of places to register a child is very limited. By law, a child under 14 years of age can only be registered with one of the parents. Therefore, it will not be possible to register a newborn “with the grandmother” separately from the parents. However, this essentially ends the restrictions on registering a newborn. Apart from the clause “with one of the parents,” minor children are in a special position in the law. To register a newborn in an apartment, no one’s consent is needed: neither the owners nor others registered in the apartment. (clause 2 of article 20 of the Civil Code of the Russian Federation). Moreover, it makes no difference whether the parents are officially married, in a civil marriage or divorced.
So, let's take a closer look at each possible situation.
If the parents are registered in their own apartment:
The most convenient and simple situation. Just register your child with you. The child receives indefinite registration. It does not matter whether the parents are registered together or separately. A newborn can be registered in the mother’s apartment or in the father’s apartment with equal success.
If the parents have permanent/temporary registration in an apartment in which they are not the owners.
In fact, the situation is not much different from the one when parents are registered in their own apartment. The only difference is that the registration period for the child will coincide with the registration period for the parents (i.e. if the parents have registration for 1 year, then the child will also have registration for 1 year). You can simply, without asking anyone (even the owner of the apartment), take the documents for registration of a newborn to the MFC or passport office, and the child will be registered.
If parents have both permanent and temporary registration.
It is not uncommon for parents to be registered in one city, but live for a long time in another, having temporary registration there. In this case, two options are possible: - you can give the newborn only temporary registration at the place of stay - you can give the newborn both permanent and temporary registration.
If parents do not have registration.
This is bad
