Replacing a birth certificate: error in the document, change of surname

When applying for a birth certificate, you should carefully check the information provided in the birth application. All information that is written by the parent on it is transferred word for word to the birth certificate. Sometimes inaccuracies are noticed months or even years later.

Regardless of whose fault it is for the mistake of a government agency employee or the parents themselves, who initially provided incorrect data, the certificate must be replaced. Let's figure out how to eliminate an error in a birth certificate and what needs to be done, based on current legislation.

When a certificate must be replaced with a new one

To eliminate typos, errors

That is, when there is a technical error or typo in any word or number in a document. The most common errors that are subsequently asked to be corrected are:

• distortion of the child’s first (surname) name;
• incorrectly written month or date of birth of the child;
• incorrectly indicated date of issue of the certificate;
• incorrect information about parents;
• spelling mistakes.

Other reasons

• To make changes due to a change of first name, patronymic, last name for various reasons (both a change of the surname of the parents and the child himself);
• Damage to the certificate, rendering it unusable, lamination, unreadability due to light or other effects (for example, the document has “faded”), getting wet, etc.;
• Adoption or establishment of paternity;
• If the unmarried mother requests that the father's record be changed or removed;
• By court decision (the grounds may be different).

Regardless of the nature and volume of the data being changed, these changes are not made to the certificate itself. A new document is always issued. After reviewing the application, the registry office employee draws up a written opinion on the need for change. Then he makes a corresponding entry in the civil status act, after which a new certificate is prepared.

Reasons for replacement

The possibility of replacing the certificate is enshrined in Article 9 No. 143-FZ. The procedure is only possible in certain cases. You cannot get a duplicate if you already have this document in good shape and it does not require any changes.

Reasons for replacement:

1. Unsuitability of a document, which can arise for various reasons, for example, due to exposure to water, sunlight, deterioration of paper, or abrasion.
2. Loss of a certificate, for example due to loss, theft, fire.
3. The need to change data - last name, first name (Article 63 No. 143-FZ), address of birth, nationality. Sometimes the document is changed in the case of adoption in order to avoid disagreements with the natural parents in the future.
4. The presence of errors, inaccurate information, incomplete data.
5. Establishing paternity. If the process is carried out when the document has already been drawn up or another father with whom the woman was married was previously indicated, it is allowed to replace the information.

When applying for a replacement, you will need to indicate the reason for the need to issue a duplicate.

Who has the right to apply for a replacement?

The following categories of persons have the right to submit a request for a new certificate (Article 9 No. 143-FZ):

• a minor who has already reached 14 years of age and has received a passport of a citizen of the Russian Federation;
• parents of a child under 14 years of age;
• adults wishing to replace their own certificate;
• employees of the guardianship authorities, if the parents’ appeal is not possible;
• guardian, relative, representative acting in the interests of the deceased person.

Outsiders are not allowed to apply.

This article also stipulates that parents who have been deprived of the right to raise a child or have limited rights in it do not have the right to request a duplicate of his birth certificate.

Persons who have citizenship of another state do not have the right to receive a Russian sample certificate. To replace your document, you will need to go to your home country and issue a duplicate there. There is also another option - to carry out the procedure through a representative, writing a power of attorney and sending it to your home country.

What to do if you don’t have a passport or the person is abroad

If a person does not have a passport for any reason, obtaining a duplicate certificate is allowed. You just need to present a temporary identity card, which is issued at the passport office while the passport is being prepared.

A foreign citizen has the right to confirm his identity using a residence permit.

If you are in another state, a duplicate is issued at the consulate. But the procedure can take a long time, because the government agency will need to request information about the applicant in Russia.

Procedure for replacing a certificate due to a typo

Where to contact

If, when issuing a certificate, an error was made in the last name, first name or patronymic, as well as in the date or place of birth, then to obtain a new document you must:

• Write an application in the established form No. 17, stating the essence of the appeal and details of the certificate.
• The application is submitted to the same registry office whose employee recorded the birth. (Currently, a unified civil registry office database is being launched throughout the country, so soon it will be possible to contact any civil registry office department to replace the certificate. )
• If it is impossible to maintain such a territorial order (for example, the family has long moved to another region), then you can contact the department at the place of new residence.

Who can apply

• The law provides for the possibility of appeal not only by parents, but also by any interested person.
• If we are talking about making changes to the document of a deceased person, relatives can contact the registry office.

To replace the certificate you will need the following documents:

• The certificate itself (original) that needs to be exchanged. If it is impossible to submit it, the application shall indicate this;
• A document confirming the incorrect presentation of a word (date) in the certificate and, therefore, the need to correct the error. This can be any evidence: parents’ passports;
• birth information from a medical organization (in case of incorrect spelling of the date or place of birth), etc.

Sample application for corrections or changes in a civil status record

In _________________________________ (name of the court) Applicant __________________________ (full full name, address, telephone, e-mail) Interested person: _______________ (full full name or name, address,
if known: date and place of birth, place of work,

identifier - passport, SNILS, driver's license,

SR for car, phone, e-mail)

Application for corrections or changes in a civil status record

“___”_________ ____ the civil registry office authorities compiled a civil status record _________ (indicate what the record is about, its full details: number, date, registry office authority that made the record). When compiling the record, the following errors were made _________ (list errors and clerical errors). The correct spelling was _________ (indicate the correct spelling). An incorrect entry prevents me from _________ (indicate why it is necessary to establish that the entry is incorrect).

I was unable to make the appropriate changes out of court. “___”_________ ____ I applied to _________ (name of the registry office) with an application to make corrections in the civil status record of _________ (indicate what the entry is about, its full details: number, date, registry office authority that made the entry). I was refused to make corrections for the reason _________ (indicate the reasons for the refusal from the notice on Form No. 14 of the Civil Registry Office).

In accordance with Article 307 of the Civil Procedure Code of the Russian Federation, the court considers cases of making corrections or changes in civil status records if the civil registry authorities, in the absence of a dispute about the right, refused to make corrections or changes in the records made. An application for corrections or changes in the civil status record is submitted to the court at the place of residence of the applicant.

Based on the above, guided by Articles 131-132, 307-308 of the Civil Procedure Code of the Russian Federation,

Ask:

1. Establish the incorrectness of the entry _________ (indicate what the entry is about, its full details: number, date, civil registry office that made the entry).
2. Make corrections to the entry _________ (indicate what the entry is about, its full details: number, date, civil registry office that made the entry), correcting _________ (indicate what specifically needs to be corrected, for example, the surname “Ivonov” to the surname “Ivanov”).

List of documents attached to the application:

1. Notification of sending (delivery) of an application to an interested person
2. Receipt for payment of state duty
3. Documents confirming the incorrect entry
4. A copy of the application to the registry office
5. Notice to the Civil Registry Office of refusal to make corrections to the entry
6. Extract from the act record to which corrections need to be made
7. Other evidence

Date of application “___”_________ ____ Signature _______

statements:

Application for making corrections to a civil status record

Application for amendments to the marriage record

Application for correction of a birth record

Features of replacing a certificate when changing your name

Documentation

The procedure for exchanging a certificate for a new one when changing the surname (child, parents) is generally the same as when eliminating a typo or error. But, it is impossible to simultaneously change your last name and make a change in the birth record act, therefore, before applying to the registry office, you must already have a separate certificate of change of first or last name.

Changing the surname of a child under 18 years of age

This happens only with the consent of both parents, but if one of the parents is against it, then permission from the guardianship authorities is required (or based on a court decision). When considering the issue of changing a child’s surname, the following are taken into account:

• his interests, participation in the upbringing of the parent whose surname the child bears;
• consent of the child (if he is over 10 years old);
• the presence or absence of a decision to deprive (restrict) parental rights.

If both parents have changed their last name

You can replace the certificate and correct the entry in the registry office while the child is a minor. An adult can have their document replaced as an exception only if their parents have changed their last names. In this case, the “child” himself, who has reached the age of majority, applies for a replacement.

Replacement of birth certificate due to unsuitability

If the birth certificate is damaged (torn, stained, faded, etc.) and therefore unreadable, it may be reissued. To do this you should:

• Write an application to the registry office using form No. 18
• Submit the certificate in the form in which it is available.

If the certificate is completely lost, then this is indicated in the application; it is advisable to indicate the number and series of the lost document (see how to restore a lost birth certificate). This will reduce the duration of the check and facilitate the work of the registry office employee in searching for data on the entry made.

Is document lamination allowed?

Having received a brand new birth certificate, many parents rush to laminate it to protect it from damage. This is strictly forbidden, because the document will be used repeatedly and certain marks will be placed on it.

So, to cross the border, it is necessary to set up in advance. Upon reaching 14 years of age, information about receiving a passport is entered into the certificate. If you rushed and laminated the document, you will have to contact the registry office due to the fact that the certificate has become unusable. Above, information has already been presented and an algorithm has been presented on how to redo a child’s birth certificate; all you have to do is act.

Document review period

• 1 month - the application and attached documents are left in the registry office for a month - this is the period for consideration provided by the Federal Law “On Acts of Civil Status”, but this period is not final.
• 3 months - in cases requiring additional verification, it can be increased by another 2 months.

The issue is resolved more quickly when the child’s birth certificate is replaced by the same department where it was originally received. Otherwise, the review period is delayed, since the registry office employee is obliged to receive a copy of the birth registration act, for which a corresponding request is made, so time is required.

State tax

How much it costs to replace a child’s birth certificate, that is, the amount of state duty, deserves special attention. The amount of the state duty depends on the reason for the application, determined by Article 333.26 of Chapter 25.3 of the second part of the Tax Code of the Russian Federation “Amounts of the state duty for state registration of acts of civil status...”.

Below is a list of legally significant actions performed by the civil registry office and the amount of the state fee corresponding to each action:

• for issuing certificates from the archives of civil registry offices – 200 rubles;
• for issuing a duplicate in case of damage or loss - 350 rubles. ;
• for making adjustments to the act record, including issuing a new document – ​​650 rubles;
• for registering a new name, including issuing a new birth certificate - 1,600 rubles.

Find out more about how and where it is paid.

Consent or refusal

After examining the provided documents, the registry office employee draws up a conclusion on making changes (and, accordingly, issuing a new certificate) or refusing to correct them.

• The refusal must be made exclusively in writing, and its reason must also be indicated. If they refuse to change your child’s data orally, or you do not agree with such a decision, the actions of the head of the registry office department (he is the one who is authorized to draw up a refusal) can be appealed in court.
• Consent - if, based on your application, a decision is made to change the entry, this will be done only in the registry office in which the certificate was issued. A new certificate will be issued at the place of your application, that is, documents will be sent from the registry office (where the certificate was issued) to the registry office (where they will be handed over to the applicant).

When a court decision is needed to replace a certificate

A court decision as a basis for issuing a new certificate can be submitted to the registry office in almost any situation. At the same time, only by court can changes be made to the birth record if:

• The mother asks to exclude the entry about the father from the certificate - there must be a court decision on deprivation of parental rights;
• If a child is adopted by a person not listed as a parent, there must be a court decision on the adoption;
• If paternity is established - if this issue was not resolved simultaneously with the initial issuance of the certificate, then a court decision is needed;
• If the head of the registry office refused to make a change in the act of registering a birth or a change of surname - but this refusal was declared illegal by the court.

In what cases is it not necessary to make corrections to the act record?

In some cases, making corrections to the act record can lead to more problems than there are. The first civil registry document in every person’s life is a birth certificate. It is on the basis of this document that further competent authorities will issue a passport, and then other documents. Making corrections to the birth certificate entails changing almost all the documents that a person has. Sometimes this is physically impossible to do, so you have to go to court with each document to establish the fact of its ownership.

Therefore, in each case when it is necessary to make corrections to the act record, you should first analyze the possible consequences of this action. This is especially true for corrections to the birth record or marriage record (when the surname of one of the spouses changes).

The most common reason for making corrections to vital records is the need to confirm family relationships in order to enter into an inheritance. For example, the birth certificate incorrectly indicates the patronymic or surname of the heir, which prevents the ability to confirm the fact of his relationship with his father or mother.

In such situations, we recommend that the issue be resolved in another way, which is provided for in such cases in the law - this is to establish the fact of family relations.