Who is responsible for errors on the marriage certificate?
A certificate of each state registration of a civil status act certifies important facts from the life of any person living in our state (Article 8 of the Federal Law “On Civil Status Acts”):
- birth;
- marriage;
- divorce;
- change of name;
- death.
Expert opinion
Maria Lokshina
Family law expert since 2010
Since vital records are stored in the civil registry office and are not issued to citizens, in some cases it is possible to obtain such information only in the form of an extract or certificate stating that a certain act was registered. This rule arose due to the confidentiality of the information contained in the acts.
As a result, the citizen receives only a certificate. This official paper is formed on the basis of the vital record using a special computer program that exchanges information at the level of the entire country. Therefore, if an error is discovered in the marriage certificate, it means that it was originally made in the entry when it was compiled.
There is no specific provision in the legislation that would indicate the guilt of the civil registry office for making errors in the marriage certificate. As practice shows, if such a situation arises, the applicant, as an interested party, is obliged to independently contact the department that issued the document with errors and request corrections.
All costs associated with this procedure are also charged to the citizen. Consequently, he is responsible for the issuance of a certificate with errors by the registry office. Unfortunately, this usually happens in practice. However, the applicant may attempt to initiate punishment for this action by seeking relief from the court.
How is a marriage certificate formed?
A certificate of any state registration of a civil status act certifies the very fact that a person was born, married, divorced, changed his name or died, according to Art. 8 Federal Law “On acts of civil status”. Since vital records are stored in the civil registry office and are not subject to issuance to citizens (in some cases, you can only receive an extract or certificate stating that a certain act was registered), since they contain confidential information about the citizen and his family, only a certificate is issued. - a document drawn up on a strict reporting form in a typographical way.
Certificates are generated on the basis of an act record using the functionality of a special all-Russian computer program. It is logical to assume that if an error is made in the marriage certificate, then the same inaccuracy is present in the deed record. In some cases (lack of Internet connection to the server, power outage), certificates at the registry office are filled out in the old fashioned way - on a typewriter. Then the couple is absolutely not immune from the fact that the information in the document will be far from reality.
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Who is responsible for errors on the marriage certificate?
All the same art. 8 of the relevant law states that the act record is signed by the head of the civil registry office and certified with an official seal. Clause 7 art. 6 indicates that the same head of the institution is responsible for the correctness and quality of the document. Obviously, the head of the civil registry office should be responsible for various inaccuracies.
In practice, the situation looks like this. The head of the civil registry office almost never checks the data of newlyweds’ passports with the vital record and marriage certificate. This is simply impossible due to the heavy workload of departments. In addition, no couple who is having a wedding with a crowd of guests will enjoy waiting in line to go through bureaucratic procedures.
The documents are drawn up by specialists; the head of the registry office usually signs them without looking. Of course, when entering information, no one is immune from errors - documents are created by real people, not robots. Therefore, it is not worth waving a saber in front of the noses of civil servants who clearly had no malicious intent to spoil your marriage certificate.
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Another interesting point - according to paragraph 3 of Art. 7 of the federal law, each civil status record must be read and signed by the applicant. It is obvious that with his signature the citizen certifies the accuracy of the information about himself.
Thus, there is no point in really understanding who is to blame for the inaccuracies. It is absolutely logical to assume that it will not be difficult for a couple to carefully proofread 1 of their own documents than to hope that a specialist after the 40th painting will not make a mistake, because he is responsible for this.
Grounds for making corrections and changes in civil registration records
The legislation lists the following grounds:
- application from the mother, who is not related by marriage to the child’s father, to include her full name in the birth certificate. this man either about their change or exclusion;
- an application by an adult citizen to correct information about a parent in the record of his birth, in the event of a change in the name of the mother or father;
- a document establishing the identity of a deceased citizen, issued by an inquiry officer or investigator (if he died as an unknown person);
- a certificate confirming the fact of death of an unreasonably repressed and then rehabilitated person (if the death was registered earlier);
- conclusion of the registry office on making corrections or changes in records.
The conclusion on the basis of which corrections or changes are made to the civil status record is issued by the Civil Registry Office if:
- the entry contains incorrect or incomplete information, including spelling errors;
- the recording was made without taking into account the rules established by regional legislation;
- a document on gender reassignment has been provided, issued by a medical organization in a special form and in the manner established by regulations in the field of healthcare.
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Error in the birth certificate in 2021, how to correct the mistake in the documents
Paperwork can hardly be called a process that you begin with joy and enthusiasm.
With what great relief we pick up a ready-made form of the requested document and suddenly discover that there is an inaccuracy in it. In such a situation, you absolutely need to know how to correct an error in a birth certificate.
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What can be considered an error
If there is an error in the birth certificate, it must be corrected without delay. After all, we must not forget that a significant part of other certificates, including a passport, are issued on the basis of this document. And if you don’t notice the mistake in time, then it will also be issued with erroneous data.
Moreover, this trouble on the way to entering into the right of inheritance may become a big obstacle in the future. After all, it will be very difficult to prove your relationship with your own parents.
In any case, you must remember that in order to make corrections to the document you will need a basis, which can be:
- incomplete or incorrect information about the owner of the document;
- spelling mistakes;
- making an entry without taking into account the prescribed rules;
- submission of a document confirming gender reassignment.
Sometimes it happens that it is necessary to make adjustments to the paternity column. All these situations must be accompanied by a certain procedure.
How to correct a mistake on an adult's birth certificate
There are cases when, at the most inopportune moment, errors or inaccuracies are revealed in registration documents issued by the civil registry office (birth certificates, marriage certificates, divorce certificates, death certificates, paternity certificates or adoption certificates). In order to protect yourself from wasting time and unnecessary effort, it is better to take the necessary measures in a timely manner. In general, to amend, clarify, amend and correct documents, you must submit an application to the registry office at your place of residence.
Procedure for correcting errors in a birth certificate
In 1994, my younger brother died, my older brother and I turned to a notary with an application for the right of inheritance to a residential building.
We did not receive a certificate of inheritance.
But my daughter moved into the house (in fact, she alone pays the land tax, maintains the house, and keeps it in good condition).
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In 1998, the elder brother died, but no one laid claim to his share. I found out about his death a little later (my brother died in prison, and we had not maintained a relationship at that time for 3 years). How can I recover the missed deadline?
the civil status record was made without taking into account the rules established by the laws of the constituent entities of the Russian Federation; a document of the established form on gender reassignment issued by a medical organization is presented.
Article 71. Application for making corrections or changes in a civil status record Corrections and changes in a civil status record previously compiled in relation to the deceased are made upon the application of a relative of the deceased or another interested person.
Making corrections and changes to civil records
If there is a dispute between interested parties, corrections and changes to civil status records are made on the basis of a court decision.
2.
The basis for making corrections and changes in civil status records is: recording the act of adoption; recording the act of establishing paternity; recording the act of change of name; decision of the guardianship and trusteeship authority to change the surname and (or) first name of the child; an application from a mother who is not married to the child’s father to enter information about the child’s father into the birth certificate or to change or exclude it; application of a person who has reached the age of majority to change information about the parent (parents) in the birth record of this person in the event of a change of name by the parent (parents); a document of the established form, issued by the body of inquiry or investigation, establishing the identity of the deceased, whose death is registered as the death of an unknown person; a document in the established form about the fact of the death of a person who was unreasonably repressed and subsequently rehabilitated on the basis of the law on the rehabilitation of victims of political repression if the death was registered earlier; conclusion of the civil registry office on making a correction or change in the civil registry in the cases provided for in Article 70 of this Federal Law.
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Law Club Conference
Well, you know that the patronymic is given by the father's name.
And it doesn’t matter what is written in the certificate of the mother and her daughter. And I would say that my mother’s middle name is written incorrectly
And I would say that my mother’s middle name is written incorrectly.
Pastic 28 Sep 2005 There was a case when, due to such an error in the birth certificate, inheritance rights were not recognized. Kinship is not determined by patronymic.
Is this legal?
This, unfortunately, is legal, since the documents are legal, and these errors are not technical, but legal.
They demanded that a request be sent to Kazakhstan, where the marriage was registered, to send a duplicate of the marriage certificate and account information as evidence of a change of surname.
This step should be the first. If the birth record confirms a discrepancy in the spelling of the surname, then it is necessary to apply to the district court to establish the legal fact that these documents belong to the same person.
