The Constitutional Court will decide whether the genetic father can receive maternity capital using surrogacy

Maternity capital is targeted support from the state. As a general rule, the right to receive a personal certificate arises for women who have given birth (adopted) their first child since January 1, 2021, or a second or subsequent child since January 1, 2007. However, men can also apply for maternity capital if they are the only adoptive parents or the corresponding right has passed to them from a woman .

To obtain a certificate, along with the main list of documents, you will need to provide confirmation of the right to family capital; the rest of the procedure will be carried out as usual. From April 15, 2021, the certificate is issued automatically and in most cases there is no need to submit an application.

In case of divorce of spouses, the right to dispose of unspent funds of maternity capital (MC) will remain with the owner of the certificate. However, the father can count on a share in the property acquired for MK.

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Applicants for maternity capital

The recipient of the funds is usually the mother of the newborn. Sometimes a mother cannot receive money for various reasons (she died or was deprived of parental rights). Then other persons raising the child can apply for financial assistance. In particular, the natural father, official adoptive parents. In order to become eligible to receive maternity capital, certain conditions must be met.

• The parent must have given birth/adopted a child since the beginning of 2007 (the child must be the second or third);
• The parent gave birth/adopted their first child starting in 2021.

Obtaining maternity capital is possible for the father or adoptive parent. It is not allowed to simply issue assistance in the name of a man. The action in question must be supported by documents and circumstances. Significant reasons include the fact that the man has been the sole adoptive parent or parent of the second/third and other children since 2007. Or if he had his first child (by any designated route) starting in 2020.

Also, rights to state support in the form of maternity capital can be transferred from mother to father if a woman has died or lost her rights to a child (received restrictions on them). Although if the rights are issued to someone other than the mother, you will need to collect a certain list of documents. A woman's death certificate, a court decision that she was declared dead, that she was deprived of her rights to a baby, or that she committed a crime against a person, would be suitable. It is important that both mother and child are considered Russian citizens.

Children can apply for maternity capital. This practice is used if not only the mother, but also the father is deprived of rights. Then minor children or people who are under 23 years old (they are studying full-time) can use the certificate. If there are several guys, the amount is divided between them. In order for the money to go to the child, the parent must first receive it.

What happens during a divorce

Unfortunately, no family is immune from a possible breakdown in relationships. During a divorce, all property that was acquired during marriage is divided between the spouses (unless a marriage contract has been drawn up in this case). It is important to know how residential real estate for the purchase of which MK was used will be divided.

Housing acquired during marriage is divided among all family members, including children. Only the parent with whom the children remain after the divorce is entitled to the children's shares. This right ceases to apply when the child reaches 18 years of age.

If the apartment (house) was purchased before the marriage, then only children have the right to part of this property. If the court decides that the children remain with the mother, then she has the right to live in the living space allocated to the children until they come of age.

The ex-wife can receive half of the amount paid to repay the mortgage for the entire duration of the official marriage.

How often is maternity capital issued in 2021?

Maternity capital for children is issued once. It can be issued at the birth of the first child. When the second baby is born, the mother makes an additional payment. If the first baby was born before 2021, funds will be provided only at the birth of the second. Sometimes additional payments may be received after the birth of third and subsequent children. One certificate. You cannot get it again, even if you get married again and have another child. Money will not be given again.

Legal grounds for obtaining single father status

First of all, it should be noted that the current legislation of the Russian Federation does not provide for the identification of such a separate legal definition as “single father” or “single father”. However, despite this, a man who is faced with the need to raise a child on his own is not left without state help and has the right to take advantage of a number of benefits.

The legal grounds for applying for and receiving benefits provided for a single father are circumstances in which the child’s mother:

• deprived of parental rights;
• declared incompetent, for example, due to mental illness;
• is serving a sentence in prison;
• declared missing;
• passed away.

These circumstances must be documented. For example, the fact of deprivation of a mother's parental rights is confirmed by a court decision.

How to register maternity capital for children after childbirth

Maternity capital 2021 is received by families where the first-born or second child was born (provided that the first-born was born before 2020). These funds come in the form of a certificate, which can be turned into an apartment, a house (by building it), education for a child, etc. Registration of the document in question is possible at any time, provided that the baby has already been born.

To apply for assistance, you will need to contact the Pension Fund. Starting from 2021, the Pension Fund itself forms a database, draws up a certificate, and people who are entitled to it can start applying for it. You just need to go to your personal account on the Pension Fund platform using the government services portal. In order not to waste time on interdepartmental exchange of information, an application for certification can be submitted in advance. In addition, filing an application will be necessary if the mother does not have an account with government services; the application is submitted if the child is being adopted.

Submitting an application is possible through the Pension Fund branch, at the MFC, by mail, using the electronic format on the government services website. The following documents must be submitted along with the application:

• Application with a request to issue a certificate by choosing any of the methods indicated above;
• A document confirming the presence of a child (birth certificate or court decision certifying adoption);
• The applicant’s passport, as well as SNILS;
• If the applicant is not the mother, documents confirming the transfer of this right to another person (certificate of the mother’s death or a court decision);
• Documents indicating the citizenship of the child, whose birth helped to qualify for maternity capital.

Personal submission is convenient because the papers are checked on the spot, and when registering online, you need to come additionally to demonstrate the originals to the Pension Fund.

You can receive the document virtually or during a personal visit to the Pension Fund. The virtual file will be available in the personal account of government services or the Pension Fund. It can be downloaded. For a paper version you will have to go to the Pension Fund branch. A personal visit cannot be avoided even when you personally submitted the papers.

You can contact any nearest branch. Registration does not matter. The main thing is to have the necessary personal documents with you. Matkapital 2021 is issued at record speed – the procedure takes only 5 days. If a delay occurs, it is usually due to inspections that are additionally ordered by other departments. If a decision has already been made, a person will be able to find out about it within 24 hours.

Possible liability

After the transaction and the transfer of funds to the seller, Pension Fund employees can monitor the fate of the sold property for some time, for example, check whether all family members were actually included in the list of shareholders, and whether the family actually lives in the purchased property (by the way, residence is not required condition). If it turns out that the alienation turned out to be fictitious, and its purpose was to cash out and receive funds from maternity capital, the case materials will be transferred to law enforcement agencies to initiate a criminal case on the fact of fraud.

Who will be denied a maternity capital certificate in 2021

The use of maternity capital will not be available to persons who are denied it, and this will happen in the following cases:

• The applicant cannot claim the money. For example, if this person's children were born/adopted before or after the opportunity to qualify for support became available.
• The applicant's right was terminated. An example of such a situation would be the deprivation of parental rights of a mother.
• The person who wrote the statement provided false information. For example, he incorrectly indicated the order of birth of children or “corrected” their dates of birth.

A certificate will not be issued even if this has already been done and the parent has spent the money.

How will maternity capital change in 2021?

What happens to the property if the mortgage is issued to a spouse?

The status of the property depends on the time of registration of the mortgage:

• The loan was issued by the husband before the marriage was registered. Such real estate is considered the full property of the spouse. He is both a full borrower and the sole owner of the property.
• The mortgage was taken out during marriage. In this situation, it does not matter which spouse is the main borrower and which is the co-borrower - they have the same rights. All jointly acquired property and debt obligations are divided in half. The only exception is the presence of a marriage contract, which states how the division of property occurs.
• In the event that the mortgage loan was taken out in a “civil marriage” (cohabitation), that is, the relationship between the partners was not registered, each person will have their own property and debts. The cohabitant has no right to claim them.

Use of maternity capital

The problem of how the maternity capital will be used is quite acute, since it will not be possible to spend this money on yourself. The scope of their application is severely limited. According to the law, money can be used as follows:

1. Improving living conditions. With public funds you can pay the down payment on an apartment, pay off the mortgage debt, or use funds for construction work or reconstruction. The main thing is that the house where capital will be invested is not in disrepair. If you take out a mortgage, you can spend the money without waiting until the baby turns 3 years old. This is an exception since the other options need to wait.
2. Education. The money can be spent on both the older and younger child. The older one will be able to study at the chosen university, and the younger one will be able to go to kindergarten. The main requirement is to have a license. You can pay for preschool education right away, but otherwise you will have to wait until the child turns three.
3. Mother's pension. The money will be transferred to the savings portion.
4. Expenses for children with disabilities. There is a specialized list, and products can only be purchased from it.
5. Monthly payments. This money can be received by families from 2018, and in 2021 it has been established that payments will be available to families where individual income is half the average in the region. The amount of maternity capital in the form of this payment is the subsistence level of the children and goes to the mother every month.
6. Automobile. You can buy a vehicle only from regional capital, and only if such an opportunity is provided. Although the Duma already has a bill under consideration, according to which parents will be able to buy a domestic car if its price does not exceed a million rubles.

If you have decided what you can spend your maternity capital on, you should start submitting another application. This also needs to be done in person by contacting the Pension Fund, MFC or on the State Services website.

Which men can be classified as single fathers?

The category of single fathers includes men who, for various reasons, are involved in raising children without the participation of the mother. These include both the children's natural fathers and adoptive parents, trustees and guardians.

Statistics show that the phenomenon of a single father is quite common in Europe and America; the percentage of such fathers there is up to 15% of the number of single-parent families. For example, in France, the rate of families where a child (children) aged 13 to 16 years live only with their fathers reaches 20%.

According to statistics, in the Russian Federation this indicator is a ratio in which there are 150 single mothers for every single father.

Maternity capital for a second child: how the amount will increase

Maternity capital for a second child appeared back in 2007, but today its size has increased significantly. If a mother received money at the birth of her first baby, she claims an additional payment of 150 thousand rubles. And if you did not receive money for the first child, the amount of 616,617 rubles will be provided. The same amounts are given for the birth of a third and subsequent children. The main thing is that the family does not apply for these funds before.

You can get legal assistance on maternity capital issues on our website.

The right of a single father to alimony from the mother

You encounter the issue of when alimony is collected from a woman much less often than with the opposite situation, when such claims are made against the child’s father. According to statistics, the collection of alimony from mothers occurs within 2% of cases, but recently this trend has become more and more frequent.

As a general rule, parents can agree on the amount of child support and the procedure for paying it voluntarily. If agreement is not reached, the issue of collecting alimony can be decided by the court.