How to register a child: basic rules and nuances of temporary and permanent registration of newborn children

Registration of a child at the place of residence is a mandatory procedure regulated by law. Until the age of 14, children must be registered with their parents or guardians. After receiving a passport, the teenager is allowed to register at another address (but only with the permission of the parents or guardianship authorities). You can register a child through the passport office of the territorial department of the Ministry of Internal Affairs and the MFC offices. Today it is more convenient to contact multifunctional centers, since they do not involve long queues and have a convenient reception schedule for citizens.

Do I need to register a newborn baby?

First of all, it should be noted that passing and obtaining registration is the responsibility of every citizen.
Naturally, due to the child’s age, he cannot undergo this procedure on his own, so the parents must register the child. All this is understandable, but the registration of a newborn baby continues to raise many different questions. Including due to contradictory information that is available in open sources, for example, on the Internet.

Let's take a closer look at all the controversial issues that relate to the registration of a child after birth:

1. Issuance of compulsory medical insurance policy. It is generally accepted that it cannot be obtained without first registering the child. However, according to the law on health insurance, organizations are required to issue a policy to a newborn, even if his parents have not registered him. But the mother must have this registration.
2. Receiving benefits. In such a situation, it does not matter what kind of registration the child has - permanent or temporary. However, it is necessary to register a newborn in order to receive benefits.
3. Obtaining family capital. It is impossible to obtain a certificate for the use of maternity capital without registering the child at the place of residence of the parents.
4. Registration for kindergarten. In order to put a child on the kindergarten queue, and then to go to a preschool institution, you must first obtain a registration. By the way, it may be temporary.

In addition, not all parents understand how long a newborn needs to be registered. The legislation of the Russian Federation does not determine a specific period in which parents must register their child at their place of residence. It turns out that penalties are not provided for in such a situation.

At birth, the baby is purely automatically “registered” where his mother is registered.

What does the law say: where is a newborn registered?

The legislation regulates the “territorial” issue of registration of a child at his birth: the place of registration of a newborn, first of all, is the home of his parents.

Note! The law requires applications for registration to be submitted to the passport office specifically in the area where the father and mother have official residence.

The baby can be registered with the father only if the man has the official status of the father of the newborn. Otherwise, registration must take place at the mother’s place of residence.

If the marriage relationship does not have official confirmation, then a man can be recognized as a father only if he himself acknowledges this fact. If the father does not come to the registry office, refusing to acknowledge the fact of his paternity, then it is confirmed through the court: but, at the same time, registering the baby on the father’s square is impossible.

We register the child at the mother's registered address

When there is a dash in the “Father” column, then the baby must be registered in one single way: at the mother’s address. If it so happens that the mother has the status of an incompetent person, or her marginal lifestyle is dangerous for the child, then the issue of registration should be transferred to the guardianship authorities.

Let's figure out what is the mechanism for registering a child at the address of the woman who gave birth to him? The mother will have to:

1. Take steps to obtain a birth certificate for your child.
2. Then write an application and submit it to the passport officers at the place of registration.

In large cities, where most people live in apartment buildings, they can submit registration through residential buildings. offices. In villages, villages and small towns, an application is submitted through the local administration.

Helpful information! When a new member of society has a legal father, his approval is required to register the baby in the mother’s territory.

When the father does not exist, then certain rules must be followed: the man expresses his consent in writing and has it certified by a notary office.

Registering a baby with a grandparent

It is possible to register a new family member with a grandmother or grandfather, as well as with other half-blood relatives, only in two cases:

1. When the mother and father were deprived of parental rights by court.
2. When mother and father live together with these relatives.

If parents are deprived of parental rights, then in order to register the baby with their closest relatives it is necessary:

• obtain guardianship for a newborn child;
• consent to its registration.

If this is not done, then the child, according to the law, becomes under the patronage of the state. Guardianship is formalized either through an appeal to local guardianship authorities or through the court. If the mother and father live together in the home of their immediate family, then their consent is not required to register the child.

Do not forget! According to the law, the right of a mother (father) to register a newborn child at her place of residence is undeniable - it does not require consent from persons who have the right of ownership of housing.

Without the consent of the father: is it possible to register a newborn?

If a man has the status of an official father, then the law does not allow the child to be registered in the mother’s living space without the man’s consent. All controversial situations must be resolved through the courts.

The legislation allows for a number of cases that make it possible to register a baby on the maternal territory without paternal consent:

1. The father is dead/declared dead based on a court verdict.
2. The father has been declared missing.
3. The father is incapacitated.
4. A man loses his status as a parent due to a court verdict.
5. The man is recognized, according to the court verdict, as a marginal person, whose image is unacceptable for the safety of family members.
6. The man is in prison.
7. A man is called up for military service as a conscript soldier.

In the above situations, it will not be necessary to obtain papal approval. You just need to present supporting documents: a court verdict, a death certificate.

You should know! Conscription and contract services should not be confused. As a contract soldier, a serviceman receives a service apartment, so he has the opportunity to register his child in the living space provided to him. Therefore, his approval will be required when registering the child in the maternal territory.

Approval on behalf of the apartment owner: is it required to obtain it when registering a newborn?

The fundamental aspect for registering a child is not the fact that his parents have/absent ownership rights to the apartment. According to the law, only the fact of official registration between the father and mother matters.

You should know! You can register a baby without obtaining approval from the copyright holder of the square meters.

But if the owner does not agree with the fact that the child is registered on his territory, he must file a claim with the court asking for eviction. If the judge makes a verdict in favor of the copyright holder, then, together with the parents, the baby will also leave the apartment - automatically.

Private or public housing: differences in registration of a newborn baby

The legality of registration of a new member of society in an apartment directly depends on the form of ownership or the authority of individuals to it. When evicting parents from their apartment, infants are evicted in a “duet” with them.

1. In a situation where the parents are the right holders of the housing, the law allows them to be evicted when they maliciously and systematically violate the rules of the apartment building, thereby violating the rights and freedoms of their neighbors.
2. In a situation where parents occupy public housing under a social contract. hiring

Such parents must strictly follow all the conditions specified in the agreement. Therefore, when registering a child on municipal territory, it is necessary to report this fact to authorized government agencies.

Helpful information! Municipal square meters are amenable to privatization. During the privatization process, the law requires taking into account the interests of all apartment residents, not excluding newborns. If you “forget” and do not inform guardianship and living. office, you may be denied privatization in the future.

What documents are needed to register a newborn?

Before applying for registration, parents should register the baby with the civil registry office (ZAGS), that is, obtain a birth certificate. To do this, you need to take a certificate from the maternity hospital (given at the birth of the child).

After the birth certificate has been received, you can proceed to the next step - registering the newborn baby at the place of residence or stay.

What documents may be needed for child registration? Parents should collect several important papers:

1. Passports (original documents and duplicates) of parents.
2. Child's birth certificate (again, the original document and a copy).
3. An extract from the house register if the baby is registered in an apartment.
4. The house register itself, if the newborn is registered in a private home.
5. Marriage certificate (not a required document in this case, but it cannot be ruled out that the passport office employees will ask for it).
6. Parental application, which is filled out on a special form.

If a newborn will be registered with only one parent (it doesn’t matter whether it is the mother or the father), the written consent of the second spouse must be provided to the place of temporary or permanent registration of the baby.

If the mother and father are officially married and registered in the same living space (where they are going to register the baby), then they do not have to go to the passport office together. One parent is enough to bring a complete package of documents.

List of documents for receiving maternity benefits

To apply for maternity benefits (M&B), the employee must provide the employer with the following package of documents:

1. sick leave;
2. application for payment of benefits;
3. certificates of the amount of earnings from previous places of work for the estimated 2 years, if any;
4. an application to replace the years of the calculation period if the amount of benefits increases when changing periods.

IMPORTANT! The benefit is not paid if the employee applied for it 6 months after the end of the BiR leave (Article 12 of the Law “On Compulsory Social Insurance” dated December 29, 2006 No. 255-FZ).

An addition to the B&R benefit is a benefit in connection with registration in the early stages of pregnancy. The basis document for receiving this benefit is a certificate issued by a medical institution. As a rule, both of these benefits are paid at the same time. Therefore, if the employee submitted a certificate of registration in the early stages of pregnancy along with the documents necessary for payment of maternity benefits, ask her to write one application for both benefits.

The employer, having received the entire package of documents from the employee, is obliged to transfer them to the Social Insurance Fund within 5 calendar days. The fund makes a decision on payment within 10 days and transfers benefits to the maternity leaver.

You will find ready-made instructions for receiving maternity benefits in ConsultantPlus. Get trial access to the system for free and go to the Ready-made solution.

Registration of a child with one of the parents

As already noted, registering a newborn at the place of residence or stay of the parents is a kind of formality. In general, the baby has already been registered with the mother (the so-called primary registration), all that remains is to formalize all this as required by law.

It should be understood that a child can be registered not only at the place of residence of the mother, but also the father. In these cases, the registration procedure is practically the same, only the set of documents differs.

It should be remembered that if the child’s parents have not registered their relationship and the father is not included in the birth certificate (that is, has not confirmed paternity), then the newborn cannot be registered in his living space. It turns out that the baby simply does not have a second parent.

What is the requirement?

The registration of a child is carried out without taking into account living standards, that is, even if the square meters of living space are not enough for the number of people living.

Complete information about the procedure for providing public services, its subtleties and features is regulated by regulatory acts:

1. Administrative Regulations of the Federal Migration Service of Russia for registration of citizens - regulates the procedure for submitting a package of documents and carrying out registration actions.
2. Article 20 of the Civil Code of the Russian Federation clearly limits the possibility of registration (a child can be registered exclusively with his parents or one of them and live there).
3. Clause 28 of the Decree of the Government of the Russian Federation provides information on the package of required documents and the procedure for issuing a certificate of registration of a minor.

Temporary registration of a newborn

What documents are required for temporary registration of a newborn? You need to prepare documents such as:

• child's birth certificate;
• statement from parents;
• confirmation of parents' temporary registration.

Applying for non-permanent registration is a fairly simple process.
Parents only need to collect the necessary documents and contact the passport office. When might a child need temporary registration? There are a number of situations in which it is impossible to do without registering the baby at the place of residence of the parents. It is necessary to consider these cases and various nuances in more detail:

• parents have temporary registration (for example, in case of moving to another city or region). In this case, the non-permanent registration of the newborn acts as a kind of “addition”. The consent of the homeowners is not necessary, since such registration does not affect the mechanism of inheritance and ownership of the living space;
• mother and father live together, but are registered at different addresses. While the parents decide where exactly it is best to register the baby (and this may take time), the child needs to get a temporary registration;
• the parents of the newborn are not registered, there is no agreement between them about where the baby should be registered. Usually such disputes are resolved in court, but for now the child will need temporary registration;
• relatives offer to register the baby in their living space in order to simplify the inheritance mechanism or receive any benefits when paying for utilities. In this case, the mother and father must also be temporarily registered at this address.

In order for the child to be able to use medical and other services in full, it is better to give him a temporary registration if permanent registration is for some reason impossible or postponed for the future.

What type of housing can a child be registered in?

Registering a minor child in an apartment with his mother is one of the existing options for obtaining registration for a child. It will not be possible to register a child under 14 years of age alone; the father has legal rights only if paternity is recognized.

If the parents are not married, the legal representative, by default, is the mother. The father must confirm paternity or be married to the baby's mother. Otherwise, he will not be able to register his child. Then the mother registers the child with herself.

Regular registration of a new tenant requires the permission of all owners. When registration is done for a child, the procedure is simplified, since permission is not required to register a minor at the parent’s residence address.

In addition to standard situations, sometimes it is necessary to register a child in a non-privatized apartment - a municipal one, which is provided to the family under a special rental agreement. There will be no problems with registration - no permission is required for the child.

Registering a child in a seized apartment will not bring any problems.

Important clarifications

As already noted, in order to register a child on a permanent or temporary basis, the parent must also be registered in this area. That is, you cannot register a child with a grandparent if one of the parents is not registered there.

This strictness is due to the fact that, according to Russian law, parents are obliged to take care of the baby while living together with him.

It is important to understand that if the living space does not belong to the mother or father, the children will also not be able to make a claim to participate in the inheritance, regardless of the type of registration. And vice versa, if the mother and father are the owners of privatized housing, the child registered here will claim part of the property.

A single father has exactly the same rights as a single mother, so he can also obtain registration for a newborn. But in addition, he will need to provide a certificate of death of the mother or her official refusal to raise the baby (a certificate of deprivation of her parental rights).

It is curious that when registering a baby, you do not need to ask the permission of the other residents of this living space. Registration will take place even if other residents categorically oppose such a legal procedure.

If the child is not registered for the first time, two copies of the de-registration coupon (also known as the “departure slip”) are submitted. This coupon is issued upon discharge from the previous place of residence.

A child can be registered in an apartment or house, even if the area of ​​the housing does not meet the standards for residential premises. This clarification was adopted in order to protect children from the fate of becoming a person without registration.

Legislative obligations, deadlines and penalties

Legislative acts on child registration:

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• The Civil Code of the Russian Federation (it states that until the age of 14, registration issues for minors are decided by their parents);
• Federal Law No. 5242 describes the rights of citizens (including minors) to move freely throughout the territory of the Russian Federation;
• The Code of Administrative Offenses talks about penalties for lack of registration;
• Resolution No. 713 approves the general rules for registering Russians.

If a child changes his permanent place of residence with his parents, he must be registered in the new apartment (or house) a week after the move. If this does not happen within 7 days, the parents or other legal guardians will pay a fine:

• 3-5 t.r. – for Moscow and St. Petersburg;
• 2-3 t.r. – for other cities of Russia.

Where is registration completed?

As soon as the baby's birth certificate is ready, parents should contact the local passport office and submit all the documents that we mentioned above.

In addition, a newborn child can be registered in other ways:

1. Through MFC. This is easy to do - just contact the multifunctional center nearest to you and submit a package of necessary papers. After a certain period of time, an employee of the organization will contact you and tell you when it will be possible to pick up the finished document.
2. Through the Unified Portal of State Services. Parents register and indicate in which department of the Federal Migration Service they are registered. After checking all the data, you will receive an invitation to register by email. In case of refusal, the reason and recommendations for correcting the defects are indicated.

Which method to prefer is up to parents to decide. In small towns, mothers and fathers usually choose the traditional option - contacting the passport office.

Registration deadlines

What do parents need to remember about the duration of the registration procedure? Registration - both temporary and permanent - takes approximately 3 to 8 days after submitting the application. Of course, if the parents have prepared all the necessary documents.

For the entire period of registration, not only duplicates, but also original documents will be confiscated from parents. That is why at this time it is better not to plan any serious events at which passports and a child’s birth certificate may be needed.

Parents, in addition to the registration itself, need to control the process of obtaining an insert about the citizenship of the child. This small stamp will be needed to receive, among other things, maternity capital (if the child is the second or subsequent).

In general, the procedure is very fast, simple, free, and does not involve additional visits to authorities. So parents should take care of his registration immediately after the birth of the baby. Delaying registration is undesirable, since it is on this document that the receipt of benefits depends, as well as the registration and admission of the child to kindergarten.

When do you need to go to social security with documents?

You must apply for child benefits to social protection authorities if your parents do not have an official place of work or they are full-time students at higher educational institutions. That is, in situations where applying for benefits to the employer is not possible. If one of the spouses works, he should apply for child benefits at his place of work.

The figure below shows what documents may be required for child benefits from social security:

Depending on the type of benefit received, the set of papers submitted to social security may vary. The specific list of documents to be submitted must be clarified with specialists of the social protection authority before starting the procedure for obtaining child benefits.

Possible difficulties

The list of necessary documents, as already noted, is determined by legislative acts. However, some employees of the Federal Migration Service sometimes require additional documents (for example, a certificate of family composition), which is not entirely legal.

It often happens that employees of the registration organization engage in arbitrariness, which is expressed in the form of:

• refusal to accept and register an application submitted later than 7 days from the date of birth of the child;
• refusal to register the baby in a small apartment;
• requirements to pay a fine for late application to the passport office.

In such cases, parents need to insist that they are right or contact higher authorities. If this does not help, you can contact the prosecutor's office. Employees of the supervisory authority may even bring a negligent employee to administrative responsibility for exceeding his authority.

Now you know how to register a newborn baby without any problems. Timely registration will not only save you from numerous hassles, but will also make it easier to receive various benefits and benefits. Therefore, try to complete the paperwork for children at the time recommended by law and regulations.