Not everyone knows whether it is possible to register a child at the father’s place of residence, and if so, what documents need to be provided to the migration service. Traditionally in Russia it is customary to register minor citizens in the mother’s living space. The question of permanent or temporary registration of a child with his father arises when, for some reason, the child or teenager cannot be registered in the mother’s living space.
What the Law Says
The first thing all parents should know is that minor citizens of Russia, just like adults, are required to have registration. This even applies to newborns. According to Russian law, they have the same rights as other citizens. Their responsibilities, due to their young age, fall on the shoulders of fathers and mothers, who must worry about officially registering the child’s place of residence on the territory of the Russian Federation. This obligation is spelled out in Article 3 of Federal Law 5242-1. Everyone must have registration at their place of residence or place of stay.
Where can I register my child?
The law does not give the father or mother greater rights in relation to the child. Both have equal rights to participate in his life and make decisions that he cannot make due to his age. If registration of a minor child is required at the place of residence or stay, it can be done both in the mother’s living space and in the father’s house or apartment.
More information about registration can be found in the video below.
The Civil Code, Article 20 states that if a citizen of the Russian Federation is not yet 14 years old, only the living space where his legal representatives live can be recognized as his place of residence. In addition to parents, these may be guardians or adoptive parents.
How does the registration procedure work?
The procedure for registering a child with his parents and other persons responsible for him is described in the Rules for Registration of Citizens of Russia (approved by Decree of the Government of the Russian Federation of July 17, 1995 No. 713).
If we turn to another legislative act - the Housing Code, Article 70, we can find out that in order to register minor citizens in the living space, which is the place of registration of their legal representatives, the permission of the owner or tenant of this housing is not required.
You can obtain information about what documents should be provided to employees of the authorized body by reading Government Resolution clause 28.
The child is registered in the residential area where his legal representative lives
An application for registration of a child can be downloaded on our website.
If your parents are registered in different apartments
You can find out about the actions of parents regarding the registration of a child in cases where the parents are registered at different addresses in the IC of the Russian Federation, Article 65, paragraph 3. According to the Law, the mother and father must agree among themselves where the child will be registered. If for some reason it is not possible to reach a mutual decision, the matter is resolved in court.
Below we will consider in more detail under what circumstances and how a minor citizen is registered at the place of residence of the father. But first of all, for comparison, let’s look at how a baby is registered at the mother’s address.
Can a minor child (13 years old)
Based on clause 76 of the Administrative Regulations for the provision by the Federal Migration Service of the Russian Federation of state services for registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation, approved by Order of the Federal Migration Service of Russia No. 208 dated September 20, 2007 (as amended by the Order of the Federal Migration Service of Russia dated December 23, 2009 . No. 364) it is allowed to register children under 14 years of age at the place of stay (temporarily) not only with their parents, but also with other close relatives (grandfather, grandmother, sister, brother, etc. in accordance with Article 14 Family Code of the Russian Federation), but only with the written consent of the legal representatives of the child, duly certified.
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Minor children who have reached the age of 14 can be registered at their place of stay and place of residence separately from their parents if the written consent of their legal representatives (one of them) and the consent of the owner of the residential premises is provided (in accordance with clause 81 of the Administrative Regulations for the provision of FMS Russian Federation public service for registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation, approved by Order of the Federal Migration Service of Russia No. 208 of September 20, 2007).
Standard procedure for registering children for mother's living space
You can learn more about registering a child in the video below.
If the residence of a small Russian citizen is recorded with his mother, this procedure has a number of important differences:
- If the parents have different places of residence recorded in their passports, paternal consent is not required to assign the child to the mother’s living space.
- Immediately after birth, the baby is registered with its parents, regardless of various factors. This is done even if the square meters do not belong to the parents. Consent is not taken from either the owner or other residents. The procedure is legal even if there is an acute shortage of square footage, that is, if it does not comply with the standards provided for a certain number of residents.
Registration of a newborn with mother
The little citizen is registered with his mother under any circumstances. This happens as follows:
- Applying to the registry office and obtaining a child’s birth certificate.
Child's birth certificate
- Contacting the authorized body with a package of necessary documentation.
- Filling out the application form. For minors, the same form is drawn up as for adults - No. 6.
- The process will be completed within 1–6 days.
This is the standard procedure that parents go through. As for registering a minor child at the father’s place of residence, this action has some nuances that need to be taken into account.
What is needed to register children with their father?
The practical features of registering little Russians with their dads are as follows:
- at the address indicated in the application, the father must have permanent or temporary registration, while the ownership of the living space does not matter, it may not be the property of the parent;
- maternal consent is provided in the absence of marriage;
Consent to register a child with his father
- if the parents are not married, the mother must personally appear at the authorized body and confirm her consent for her daughter or son to be registered in their father’s living space.
As we see, the mother can act without the father’s consent, while the man’s actions are more limited. He can live with the child only with the consent of his mother.
Maternal presence
An important point is the correct registration of documents for a newborn at the registry office. If the family union is legalized, the surnames of both parents will appear on the baby’s birth certificate.
Things are different when the parents have not formalized the marriage. The authorized bodies do not recognize the applicant’s paternity if there is a dash in the “Father” column in the child’s documents. In this case, the presence of the mother will not help. It will not be possible to register a child in the father’s living space. First, you need to re-apply to the registry office and register paternity of the baby.
If there is no entry about the father on the birth certificate, then it will be impossible to register him with the father
Is it possible to register a child in an apartment without parents?
- The registration procedure cannot be carried out without the accompaniment of elders (that is, their legal representatives). The rule applies until the age of majority;
- To register, you need the written consent of one of the parents .
- Birth certificate;
- Application from one of the parents;
- Passport of one of the legal representatives;
- Marriage certificate;
- Papers containing information about the registration of mom and dad .
Please note => What documents are issued after registration of ownership
22 Dec 2021 marketur 1582
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Why is it important to register your child?
Often, fathers living in an apartment that does not belong to them are sure that they do not have the right to register their child. If it is not possible to register him at his mother's address, the baby remains unregistered.
Meanwhile, not knowing their legal rights and not using them, fathers commit an offense for which, according to current legislation, administrative punishment is imposed. The law is not always harsh when it comes to children. Parents often get away with ignoring immigration laws. But a child’s lack of registration deprives him of legal rights to:
- social benefits;
- registration of compulsory medical insurance policy;
- registration in a children's clinic, etc.
Find out from the video whether registration of a child is required when enrolling a child in kindergarten.
There will be problems with sending a little Russian to kindergarten and then to school. Over time, there will be more and more difficulties. Knowing that it is possible to register the baby where the father is registered, without the consent of the owners and other residents, but only with the consent of the mother, parents will be able to avoid a lot of trouble.
Can a child be registered separately from the mother?
then he has the right to live separately from his parents, but only if his parents give their consent to this (mutual consent). Otherwise, the child is deprived of the opportunity to live separately from his parents, and will be able to exercise his right to separate residence only upon reaching 18 years of age.
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If you change your registration
As already noted, agreement with the owner is not required for the initial registration of newborns. If a family changes their place of residence together, slightly different rules come into force. You cannot register a child with the father if:
- the owner of the living space does not give consent;
- lives in a separate house or apartment, where more than the number of persons are already registered.
Registration with an authorized body of offspring who are already 14 years old is possible only with their consent.
The issue of further cohabitation of a child and parents (one of them), deprived of parental rights, is decided by the court in the manner established by housing legislation.
Documents to be submitted to the migration authorities
The package of documents for registering minors with a father or mother is approximately the same. You must provide the following:
- passports of both parents (both originals and copies of important pages);
- original and copy of the birth certificate issued by the registry office;
- the father’s statement with a request to assign the baby to him;
- maternal - with a request to register the offspring in the second parent’s area;
A marriage certificate is an official document that certifies that two people are married.
Additional documents
This is the basic list of documents. It is possible that upon submission, employees will request additional documentary information. For example, if the baby is already a month old, a certificate may be requested stating that he was not previously registered in his mother’s living space. This document is issued by companies involved in housekeeping management or housing office.
If there was a fact of registration earlier at another place of residence, you should provide a disposal sheet along with other papers. It is issued during the discharge process.
Departure sheet from the previous place of registration
If the marriage is not registered
This list will not be enough if the parents have not legally registered their relationship. Additionally, you need to include a document establishing paternity in the package. When adopting a child, a corresponding certificate is presented.
If the issue of choosing a place of registration was decided by the judicial authorities, the court decision is also attached.
Is it possible to register a child separately from his parents - procedure and documents
The legislation of the Russian Federation clearly regulates the situation taking into account the residents of the country at their place of residence or temporary stay. Regardless of age, every resident of Russia is required to have a residence permit at a specific address and be registered with the regional office of the Federal Migration Service. As for minor children, after birth their parents are required to register them at the address where they themselves live for a week from the date of receipt of the birth certificate. But there are often cases when the task is to register a newborn baby without parents. So, is it possible to register a child separately from his parents? How to resolve such issues will be discussed below. Article 21 of the Civil Code of the Russian Federation gives the following definition: “capacity is the ability of a person to fully manage his actions and bear full responsibility for them.” Full legal capacity occurs upon reaching the age of eighteen. Article 20 of the Civil Code of the Russian Federation introduces the concept of “limited” legal capacity, the beginning of which occurs from the moment a teenager reaches the age of 14 years.
Registration with the father of children who have already turned 14
Russian legislation gives 14-year-old children almost the same rights as adults. They already have a passport, they have the right to make their own decisions, which may run counter to the interests of adults.
You can learn how to register a child at the place of residence through the STATE SERVICES portal from the video below.
If a father wants to register a minor son or daughter who is already 14 years old in his living space, he can only do this in their personal presence at the authorized body. In this case, instead of a birth certificate, the teenager’s Russian passport is presented.
The consent form for registering a child with a second parent can be downloaded here.
Adult children must write a statement in their own hand with a request to register them in their father’s living space.
Can a child be registered separately from the mother?
In accordance with modern legislation, if a child has a passport, with the consent of the parents, as well as the homeowners, he can be registered at any address, including separately from his parents. In other words, children aged 14 to 18 years can be registered in the apartment where their parents are not registered. To register a child over 14 years old, you must provide the appropriate application and his passport, as well as the written consent of the owner of the living space. In this case, it is important for the minor to be personally present during the registration procedure. In addition, in this case, registering a child in a municipal apartment will require not only the consent of the tenant, but also of all those who are also registered in this apartment.
Children under the age of 14 can be registered with their grandmother only if one of his parents is registered there, and the other gives his consent to registration. Upon reaching the age of 14, a minor can be registered in absolutely any living space, if its owner does not object.
If parents get divorced
If after a divorce the child remains registered in his father’s living space, the Law reserves a number of rights for him:
- the opportunity to use housing on an equal basis with other citizens living with the teenager;
- property that belonged to the child before the divorce remains his property even after the parents have broken off the relationship and is not subject to division between the parties;
- communication – no one has the right to prohibit a child or teenager from communicating with relatives (mother, grandparents, brothers, sisters, etc.).
Divorce of parents and the fate of children is a rather difficult problem, especially for a child, which only the parents themselves can solve
In this situation, a certain number of rights are retained for matter. She can:
- live where you are registered on a permanent basis, even when you do not have the right to own housing, up to voluntary or forced deregistration;
- see your son or daughter regularly;
- take an active part in the child’s life.
If a woman, even before the divorce, was not registered in the living space where the child is registered, after the divorce she does not have the right to remain in the apartment or house.
If a woman, as a result of a divorce, remains, as they say on the street, by a court decision she may be allowed to live in her ex-husband’s living space for some time.
