During the process of issuing a birth certificate, civil registry office employees may make mistakes on the forms. Applicants may also provide incorrect information. The certificate may be damaged or lost. To ensure that such circumstances do not lead to significant problems in the future, the child’s parents must replace the birth certificate. The procedure requires the provision of documents confirming the correctness of the information, as well as payment of the state fee. How to change a birth certificate to replace a damaged one?
Error in archived help
There are errors that can be corrected by contacting the archive in person or by proxy from the citizen whose interests are represented. For example, in GUZHA, archival information about the data of a citizen who previously lived at the specified address can be corrected by providing the relevant documents. The same can happen in the registry office. But if, for example, an error was made in the lists of gardeners who privatized the land as common property, this cannot be corrected in the Administration’s archives, you will have to go to court.
If a citizen is not alive, and a mistake prevents his heirs from performing certain actions, this is only a judicial procedure for establishing the facts.
Cancellation of a civil status record
Canceling an entry is the termination of the original entry; in other words, it loses its legal significance. Accordingly, the evidence based on it also ceases to be valid.
According to the general rules, the cancellation of both primary and secondary registration records is carried out by the civil registry office where it is stored. The basis is a court decision that has already entered into force. So, for example, a record can be canceled in the event of a judicial act declaring a marriage invalid or canceling a decision to recognize a citizen as dead.
The judicial act is sent to the authorized body for execution.
Correct an error in the certificate of ownership
It is almost impossible to do this in a certificate of land ownership from 1992-1997 Moreover, it should be noted that inside such a document there is a note “The certificate is a temporary document and must be replaced.” During a person’s lifetime, it is necessary to collect a number of supporting documents and register the entire set with the Registration Authority. After death, go to court with the collected evidence.
Correcting errors in a certificate of ownership issued by a notary involves the following procedure: prepare evidence, contact the notary, prove that you are right. If the notary categorically does not agree to the correction, or this cannot be done by law, you will have to go to court. If the notary who prepared the document that requires correction of errors cannot be found with the passage of time, call us. We will help.
Correcting an error in a property certificate after a person's death is impossible. But that’s okay, you can establish the facts in court instead. This procedure will replace the correction of an error in the old title deed.
After any actions, the corrected document on ownership of the real estate must be registered with the Federal State Property Management Committee of the city or region.
Making corrections to the registry office certificates through the court
Chapter 36 of the Code of Civil Procedure of the Russian Federation “Consideration of cases on making corrections and changes in civil status records” is devoted to the procedural features of the consideration of such cases. It briefly and succinctly describes the procedure for submitting such an application to the court and the requirements for its content.
The court's decision in such a case serves as the basis for eliminating irregularities in the civil status act, that is, for the civil registry office to make changes and corrections to the vital record and issue a new certificate. Therefore, it must clearly state: which entry is incorrect and how it needs to be corrected or changed, in relation to which person it was made, which body of the registry office and when.
According to the law, such applications are considered by the court in a special proceeding; there will be no defendant in this case.
To submit an application for corrections and changes to the act record, two conditions must be met:
- on this issue, a refusal from the registry office to make corrections and changes must be received;
- there is no dispute about the right.
If making corrections to the certificate may violate the rights and interests of other persons, you can prepare for a dispute. Most often, this situation arises during inheritance. In this case, the application cannot be considered in a special proceeding; it is necessary to file a lawsuit in court.
For example, a birth certificate is evidence of the origin of a child from the persons indicated in the document. And it is permissible to change the information about the father, even with the consent of the interested parties, must be made in the manner of claim proceedings, since such changes entail the termination of the rights of the previously indicated person as the father. And, for example, correction of the date and place of birth can be made in a lawsuit only if there is a substantive dispute caused by incorrectly entered information.
If, during the consideration of the case, a dispute about the law arises, the court must leave the application without consideration and explain to the interested parties their right to protect their rights in the manner of litigation.
The range of applicants is exactly the same as in the out-of-court settlement of these issues.
The application should be submitted to the court at the applicant’s place of residence, regardless of where the vital record is stored and compiled.
In addition to the general requirements for statements of claim, the application for corrections and changes must indicate: what is the incorrectness of the vital record in the civil status act, when and by what authority the refusal to correct or change the record was received.
Thus, the extrajudicial and judicial procedure for making corrections and changes to the vital records of the Civil Registry Office is very clearly reflected in the current legislation. However, civil procedural legislation does not reveal all the features of consideration of such cases; only obvious formal distinctive features are indicated.
If you have any questions, you can consult with our specialists in Moscow by calling the number: + or writing on WhatsApp.
The legality of the refusal of the civil registry office is not the subject of judicial review as part of the consideration of cases on making corrections or changes to the civil status record.
Evidence in cases of corrections or changes in civil registration records
When considering this category of cases, the court establishes the range of facts to be proven, based on the norms of the Law “On Acts of Civil Status”.
The basis of the statement is of great importance for forming an accurate conclusion about the subject of proof in a particular case. Therefore, as previously stated, the application must clearly state what incorrectness is contained in the civil registration record, how it needs to be corrected, by which body and when it was refused to make changes and corrections to the civil registration record.
The subject of proof in these cases includes facts of a substantive nature, indicating:
- about the presence of incorrectness in the act record;
- about the applicant’s interest in eliminating the irregularities.
In addition, the following facts and procedural nature must be established:
- refusal of the civil registry office to make changes and corrections;
- the absence of a dispute about the right, possible from the event recorded in the act record;
- other circumstances relevant to a particular case.
The burden of proving the incorrectness of the civil registration is placed on the applicant himself; he needs to provide evidence with which he can convince the court that there is an error in the civil registration.
In some cases, the court may assign the responsibility of proving the correctness of the information contained in the act record to the registry office, which compiled this record. For example, if the date of birth is later than the date of compilation of the civil status record.
If the applicant applies to the court after a significant period of time, and the documents that form the basis for the state registration of a civil status act are lost or destroyed, it will be very difficult to correct the civil status record. In such cases, we recommend that you seek the help of a professional lawyer. You can contact our specialists in Moscow by number: + or via WhatsApp.
Contacting the registry office
Pre-trial appeal to the civil registry office must comply with the requirements imposed on it by the current legislation on acts of civil status. If they are not followed, the court will leave the application for corrections or changes in the civil status record without consideration. This can happen, for example, if the applicant applied to the wrong registry office or did not present a passport when submitting the application.
Interest in fixes
As a general rule, the applicant in cases of corrections or changes in civil registration records is not required to prove his interest. However, if corrections or changes are made to the deed record in relation to another person, the applicant must prove his interest.
Written evidence
Establishing an incorrectness in a civil status record can be made primarily on the basis of written evidence. In fact, the evidence will be those documents that were attached pre-trial to the application to the registry office for corrections and changes in the vital record and, accordingly, the refusal of the registry office.
Request for evidence by the court
The court is competent to request any evidence, including copies of civil status records of the applicant’s relatives. When the subject of legal proceedings is a restored civil status record, the documents that served as the basis for its restoration may be requested. For example: a birth document issued by a medical organization; a court decision on divorce that has entered into legal force; a court decision on the adoption of a child that has entered into legal force, and others.
Witness's testimonies
Witness testimony by itself, as a rule, cannot be a sufficient basis for correcting civil registration records.
Conflicting evidence
If the evidence contains conflicting information about the facts to be established in a particular case, the court must determine which of them has greater evidentiary value. For example, if there are contradictions between a birth certificate record and a passport of a citizen of the Russian Federation, priority should be given to the birth certificate record, since it contains primary information, and all subsequent records and documents issued on their basis must be in accordance with the information contained in the record birth certificate.
Correct an error in the property registration certificate
If the certificate of registration of ownership is in error, it is quite simple to correct it. It is necessary to make changes to the Unified Register of Real Estate Rights.
But if an error in the Unified State Register certificate is made due to the fact that it is also contained in the title document for the property (in the certificate of inheritance, in the marriage contract, in contracts for real estate transactions (purchase and sale, donation, privatization agreement and etc.), first of all, the title document itself will have to be corrected.
Procedure for detecting errors
First of all, it should be noted that both the child’s parents and another interested person can apply to the registry office with the requirement under consideration. If adjustments to the document of a deceased person are required, then close relatives can interact with the registry office.
Until November 2021, to change the certificate, you had to contact the regional registry office that originally issued the document. At the moment, the Unified State Register of Civil Status Records is in operation. This allows you to submit an application and the necessary documents to any department of the authority on the territory of the Russian Federation. You can also perform the necessary action in the departments of the MFC.
To implement the procedure, applicants are required to submit the following documents to the registration authority:
- an application in the established format on a form issued by employees;
- damaged birth certificate;
- documents confirming the correctness of the information;
- documents confirming the identity of the applicant.
Depending on the circumstances that led to the need for replacement, a state fee may be imposed.
Refusal to make corrections to the certificate is not excluded. There is a procedure established by the rules for situations in which it is impossible to carry out the following measures:
- the applicant submitted an incomplete package of documents or did not confirm his identity with a passport;
- Errors were found in documents that serve as confirmation of correct spelling;
- the applicant is a person who was previously deprived of parental rights to the child;
- the state fee was paid incorrectly or not in full.
If the registrar unreasonably refused to implement the procedure, the applicant has the right to request a written refusal. The received document can be used in court to challenge the actions of a civil registry office employee. If the court decision is positive for the plaintiff at the registration authority, specialists must re-accept the package of documents and carry out the procedure in accordance with the established procedure. There is no need to pay the state fee again.
Fix state registry error
There are a lot of such mistakes today. Simple negligence or inattention of specialists from government agencies gives rise to documents with errors. You need to correct it immediately, without leaving the window for issuing documents. If you notice an error right away, you can correct it free of charge by submitting your documents back for correction. If, after a lapse of time, you submit an application for such a correction, practice indicates that the UFSGRKK (or MFC) consider this procedure to be an amendment to the state registration certificate and require payment of a state fee.
When a certificate must be replaced with a new one
The document is replaced when typos are found in the information entered. The appeal is relevant in the following cases:
- errors in spelling of first name, last name or patronymic;
- the date of birth or issue of the document is incorrectly indicated;
- errors in information about parents.
A replacement of the birth certificate will also be required if it is necessary to change the child’s full name, if there are legal grounds. It is also necessary to change the document if:
- the certificate was damaged;
- due to divorce or other circumstances, it is necessary to exclude the father from the corresponding column;
- upon adoption;
- by court decision.
Note!
Regardless of the circumstances that led to the replacement of the document, the following must be taken into account: making any corrections by the registry office employees is unacceptable; in exchange for a damaged certificate, a new, correctly completed form must be issued.
At the same time, changes are made to the civil status act. The new document will be considered valid only after compliance with this rule. Another important aspect is the timing of the application. Errors can be identified by parents both when they initially receive the document and years later. The replacement procedure is the same under any circumstances.
Correct an error on a birth certificate
All information about the birth of citizens is contained in the archives at the place of birth of each person. You need to send a request to the registry office archive with a request to provide a certain document (certificate, certificate, information certificate, etc.). In different cases, you need to ask for different documents and attach different sets of evidence to your request on your part to the application for information or new evidence.
There are times when information comes from the archive that there is already an error in the archive or data that is undesirable for you. Then the facts or immediately the right of ownership are established in court on various grounds.
Application to the court for amendments to the civil status record
If a person has received an unreasonable refusal, then he has the right to appeal to the court by preparing an application to change the entry. The legislator provides for the resolution of such cases in a special manner. However, a prerequisite is the absence of a dispute. If available, the judge refuses to accept the documents, since controversial situations are resolved through litigation.
The application shall indicate:
- court data;
- information about the applicant;
- information about the failed organ;
- date of refusal;
- requirement;
- justification for the need for changes;
- list of documents.
In addition, evidence of the grounds and the refusal itself must be attached to the application.
The application is sent to the district court where the citizen lives. Before submitting documents, you must pay a state fee of 300 rubles.
Correct an error in the work book
This procedure is most common in our practice. Incorrect entries, surnames, first names, non-existent positions and other errors in work books are corrected in two ways:
- the employer (if it still exists) issues a certificate confirming the true information, or, if possible, an entry is made in the work book about the correction of a certain error. In the absence of an employer, the matter can only be resolved in court.
- in court, proving certain facts that cannot be resolved with a simple certificate or entry in the work book.
Correct a mistake in a labor document (in court)
If you have to correct an error in a labor law through legal proceedings, we suggest that you read the pages of our website about disputes on labor and pension issues, or immediately contact our Legal Center for help from specialists.
Correct an error in the contract
In agreements for the purchase of property, in deeds of gift, in privatization agreements (transferring an apartment or room into the ownership of citizens), agreements for shared participation in construction, investment agreements, etc., errors are corrected in different ways:
- for contracts drawn up in simple written form, additional agreements are also drawn up in simple written form (unless a notarial form has become mandatory for such contracts), by the same parties who participated in the main contract. For real estate transactions, such an agreement must subsequently be registered by the Registration Authority (not always necessary). After the death of one of the parties to the contract. will have to go to court;
- for contracts drawn up in notarial form, notarial correction of errors is mainly required, also with the need for further registration;
- Correcting an error in a contract after the death of one or both parties to the contract can only be done in court. Moreover, no corrections can be made to the document itself. It is only possible to establish certain facts or recognize the rights of successors under such agreements.
What errors are there and why do they occur?
The procedure for correcting errors in the Unified State Register and other documentation for real estate is regulated by the norms of Federal Law No. 218 of July 13, 2015 (as amended on December 30, 2020) “On State Registration of Real Estate.” Article 61 of this regulatory act divides all errors found in documents into two types:
- Technical. These could be various kinds of clerical errors, typos and other inaccuracies made in Rosreestr. Most often, the cause of their occurrence is the human factor, that is, simple inattention of employees.
- Register (or cadastral). Such errors include incorrect indication of the area of the object, its location, and the boundaries of the land plot. Usually they are allowed in boundary plans, technical plans and other documents drawn up by cadastral engineers. In other words, these errors do not arise through the fault of Rosreestr; documents are received by this body with erroneous information.
Thus, incorrect indication of the last name, first name or patronymic is considered a technical error. This may be a small typo (for example, the name “Mriya” is indicated on the certificate instead of “Maria”), or it happens that the data of a completely different owner is entered into the certificate. In both cases, there is no fault of the surveyors: for correction you need to contact Rosreestr directly.
How to correct errors in other documents
For our lawyers, any procedures for correcting errors are absolutely known and understandable. Citizens may have difficulty taking independent steps to correct errors when:
- determining the authority to contact;
- ignorance or misunderstanding of information for requests or corrections of data;
- searching for an organization in connection with a move, or searching for an archive when liquidating an organization;
- impossibility of establishing the data required to correct errors, etc.
Experience plus various information channels give us the opportunity to solve such problems quickly and efficiently. Contact us for help.
Where should I go to get it fixed?
Corrections of spelling errors made during the execution of the document are carried out at the registry office. You should write a statement pointing out any typos and inaccuracies and provide reliable information to correct them. When a citizen does not have the opportunity to apply in person, they send a registered letter to the organization’s address or send their representative with a notarized power of attorney.
Another way to replace a document is to contact the MFC (multifunctional center for the provision of state and municipal services to the population). MFC specialists accept documents,, if necessary, request missing ones, provide samples and send the documentation to the registry office. The document changes the same body.
You can submit an application through the government services portal. You just need to fill out the form in detail, indicating reliable information, and send the appeal to the required authority. To be able to use the site's resources, you will have to go through the registration and identification process.
