A birth certificate without a father is issued to the mother after submitting an application to the registry office in person or with the help of an authorized representative. If the father is absent, a dash is placed in the paternity column and only the maternal one is filled in.
How to register a child if the marriage is not registered? This issue is not a big problem. This can be done after the procedure for recognition and adoption of the child has been completed.
Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status”
State registration of a child after birth, if the parents are not married
If the child’s parents are officially married, then registering the child will be extremely simple.
The mother and father will need to submit a joint application to the registry office.
And the employee will make the necessary entry in the birth book.
If the child was born to a couple who are not in an official relationship, everything will be a little more complicated.
Maternity is established by birth. Therefore, to register a child in the registry office, a woman only needs to provide a document from the maternity hospital. But establishing paternity is not so simple.
If the father agrees to recognize the child, he just needs to come to the registry office together with the baby’s mother and submit the appropriate application. Then the civil servant will be able to write him down in the “father” column on the birth certificate.
If a man refuses to confirm family ties before the law, the woman will have to turn to Themis. At the end of the trial, after the appropriate decision is made, the father will also be entered in the birth register.
An application to the registry office for registration of a newborn must be submitted within a month after the child was born. But there is no statute of limitations to establish paternity.
In the case when a woman does not know who the father of the child is, for example, if conception occurred as a result of artificial insemination, at the request of the mother, the registry office employee puts a dash in the “father” column. Moreover, this will not affect the rights of the child in any way in the future.
Clear division of property
If an official marriage breaks up, everything is more or less clear. What is acquired during the marriage is divided in half, according to a marriage contract or by agreement. In each individual case there are nuances, but at least the starting points are spelled out in the laws. In this case, inheritance, gifts and premarital property are not subject to division.
For cohabitants, all this is not regulated in any way. Of course, we can talk about the highest form of justice: whoever bought what will leave with it. In practice, everything is more complicated. One bought a refrigerator, the other paid for its expensive repairs. And now it is no longer clear who owns the equipment. The man diligently paid the mortgage for the apartment registered to him, but ate entirely at the expense of his partner. As a result, housing officially belongs only to the person to whom it was registered.
What are the disadvantages
If one partner earned much more than the other, dividing the property in half may seem unfair to him. In this case, it is worth drawing up a marriage contract in advance. This can be done at any time after the wedding and even before it. True, there are important nuances:
- Only issues related to property can be specified in the contract. You cannot, say, oblige your partner to meet you in a latex suit on even days and deprive you of part of your savings for failure to comply with this rule.
- The agreement should not prejudice either party. It is a way to divide property in a way that seems fair, not a tool of punishment. So leaving the other side on the street without everything will not work.
In any case, it is better to draw up a marriage contract with a lawyer. A specialist will help you do this so that the court does not have any complaints about the text if the other party during the divorce tries to challenge the agreement.
How to resolve the issue without registering a marriage
Cohabitants can buy housing, a car, and land in shared ownership. Moreover, it is not necessary to divide everything in half; it is quite possible in proportion to the material contribution. Otherwise, the easiest way is to maintain a separate budget and chip in for common products and entertainment. And, of course, keep receipts for purchases such as household appliances and furniture that are not registered as property.
Everything here is like in a marriage: now you have love, but when dividing property, it can easily come to light who ruined who’s whole life and generally sat on their neck.
Pay special attention to documents confirming who paid for the animal when purchasing it. Keeping your beloved dog for yourself if your partner transferred the money can be difficult.
Is it possible to give a child the father's surname if the marriage is not registered?
Often, common-law spouses agree to give the child the father’s surname.
According to Articles 17, 48-50 of the Law on Civil Status Acts, information about the father of a newborn is entered on the basis of a record establishing paternity.
Simply put, if a man recognizes family ties and is ready to give the child his last name, or Themis obliges him to do so, the baby can be registered under the father’s name.
In the case where paternity has not been officially established, there are two ways:
- Write down the father's surname according to the mother's data, while the first and patronymic are also indicated according to the woman.
- Place a dash in the “father” column.
The mother has the right to make a record of the child’s father either based on a document establishing paternity or at her own request.
Dear readers! To solve your problem right now, get a free consultation
— contact the on-duty lawyer in the online chat on the right or call:
+7
— Moscow and region.
+7
— St. Petersburg and region.
8
- Other regions of the Russian Federation
You will not need to waste your time and nerves
- an experienced lawyer will take care of solving all your problems!
What name will the baby have?
The issue of assigning a surname to a child if the marriage is not registered also has a number of features:
- If the father is absent or does not deny everything:
- the mother has the right to give the baby her last name, as well as a patronymic at her own discretion;
- you can give the father's surname through legal proceedings;
- You can get your father’s surname if no more than three hundred days have passed since his death or the end of the marriage.
- If the father exists and he agrees:
- the surname is given at the discretion of both parents, but, as a rule, it is the father's surname.
- If the mother is absent, due to her death, disappearance, or deprivation of parental rights, the father has the right to independently determine what surname the baby will bear.
- If a child is left without parents, his last name and first name are assigned by state authorities in the manner prescribed by law.
Single mother status
How can a mother prove paternity outside of marriage in Russia?
If a man and woman lived in an unregistered marriage, then paternity will need to be proven. This is done either voluntarily or through the courts.
Recognition of a child voluntarily through the registry office
If a man is ready to recognize the child and give him his last name, all he needs to do is go to the registry office and write a statement.
In this case, the mother must give written confirmation of her consent to enter the necessary data into the birth register and the baby’s documents.
In order to recognize paternity through the registry office, a man must be legally competent.
If the court finds the opposite, he cannot apply for the establishment of family ties, since by law he is not capable of answering for his actions.
The procedure for establishing paternity through court
It is not always the case that in an unregistered marriage, a man is ready to take responsibility for the child and give him his last name. Therefore, the mother often has to petition to establish paternity through the court.
The first thing a woman must do is file a claim.
It is filled out according to a specific template, and the following documents are attached to the application:
- A copy of the child's birth certificate.
- Evidence proving that a specific person is the child's parent. This could be joint photographs of a man and a woman, correspondence, and so on. But the indisputable confirmation is a DNA test.
- Certificate from the child’s place of residence.
- Receipt for payment of state duty.
Themis must review the documents within three days. After this, a date for a preliminary hearing is set. It will be clear whether the evidence presented is sufficient and whether genetic testing is necessary. In addition, the preliminary hearing may be the impetus for a man to voluntarily acknowledge paternity.
If this does not happen, the judge will set a date for the main hearing. After which a decision will be made to recognize paternity in court.
Accommodation without temporary registration
If a person lives in another region for more than 90 days and has not completed temporary registration, he may be fined. But this does not apply to those who are staying in an apartment that belongs to his close relative, and the owner himself is registered in it. If you cohabitate, a fine of the Code of Administrative Offenses of the Russian Federation, Article 19.15.1 “Residence of a citizen of the Russian Federation at the place of stay or at the place of residence in a residential building without registration” cannot be avoided.
What are the disadvantages
None.
Is it necessary to formalize the adoption of an illegitimate child?
There are cases when a child born out of wedlock ends up without parental care.
For example, as a result of the death of the mother, or if she is serving a sentence in prison.
And, if there is a biological father, then the question arises: does he need to adopt his own child?
In practice, such actions are not provided for by law. According to Article 124 of the Family Code, adoption can only be carried out in relation to children deprived of parental care.
Therefore, the biological father must contact either the guardianship and trusteeship authorities or the court. You need to petition Themis if another person is included in the birth certificate of your son or daughter, and, accordingly, paternity needs to be contested.
You can only adopt someone else's child.
Voluntary consent
If both parents agree that the man will be registered as the father of the child, they need to:
- before the birth of the baby, contact the registry office with a statement that this man is the biological father of the unborn child;
- after the baby is born, the man must write to the registry office a statement that he recognizes his paternity (if he does not have a passport, another ID card will do).
Note! There are no specific deadlines for acknowledging paternity.
What rights are given to children conceived outside of a formal relationship?
An official marriage gives spouses rights and responsibilities regarding property issues and raising children.
But the stamp in the parents’ passport does not affect the rights of younger family members in any way.
The first thing a baby is given from birth is the right to receive maintenance from his father and mother.
But, if paternity is not established, the child is deprived of the support of one of the parties.
Illegitimate children have the right to inherit on both the father's and mother's sides.
The child also has the prerogative to live with his parents and use the living space.
A minor also has the right to communicate with each of the parents, even if they have ended the relationship. Of course, this privilege is valid unless there is a court order terminating the parental rights of one of the parties.
It is worth noting that illegitimate children have rights identical to those of children born in an officially concluded union. But it is worth considering the fact that in order to comply with the law, paternity must be officially established.
Larger tax deduction
Some tax deductions can be issued not only for yourself, but also for your spouse - always an official one. For example, it is allowed to return part of the costs of treatment and the purchase of medicines for the husband or wife, pension contributions or life insurance.
Also, in a marriage, both spouses can receive a tax deduction when purchasing an apartment, even if it is registered in the name of one of them. That is, the payment could be 520 thousand instead of 260. Likewise with mortgage interest.
What are the disadvantages
None.
How to resolve the issue without registering a marriage
Two people, even outside of marriage, can buy an apartment in half. In this case, everyone has the right, as an owner, to receive a deduction for their share. With other deductions - no way.
Registration of alimony
Both parents, regardless of whether they have gone through the marriage procedure, must support their child. Therefore, both the father and mother may be obligated to pay child support. However, for this to happen the following conditions must be met:
- Official recognition of paternity either by the civil registry office or by a court order;
- One of the parties adopted someone else's child.
If a man does not recognize family ties, but the mother wants to receive alimony, she will have to initiate a paternity procedure. After the appropriate entries have been made, you can count on the state to oblige the man to pay child support.
If the parents live in a civil marriage, and the father is included in the birth certificate, then it is enough for the couple to enter into a voluntary alimony agreement. To do this, the parties agree on all the conditions and the amount of payments, after which they go to a notary to draw up a document.
If the father evades paying child support, the child's mother will have to turn to the judicial authorities. Upon completion of the consideration of the case, Themis will determine the amount of penalties and oblige the parent to pay money for maintenance.
Official registration of marriage or its absence does not in any way affect the amount of alimony.
The right not to pay tax on a gift
Gifts are income in intangible form. And a tax of 13% of the cost is paid. This applies to gifts worth more than 4 thousand rubles from legal entities, as well as real estate, transport and securities received as a gift from another person. An exception is made for gifts from close relatives.
If a husband gives his wife, for example, shares from a portfolio that he formed before marriage, he does not have to pay tax. If the boyfriend is a friend, he will have to.
What are the disadvantages
Gifts are considered personal property and are not divided in a divorce.
How to resolve the issue without registering a marriage
Give money.
