Registration of a minor child without parents: is it possible and necessary to consent to registration?


Advantages of registering at your place of residence

Parents’ concerns are relevant – are there any restrictions on registration and whether it can be avoided. After all, every person registered in a living space, no matter how small, influences the calculation of utility consumption and other important indicators.

Current legislation requires citizens to register from birth. A newborn child is a citizen of Russia, and timely registration will avoid administrative penalties - a fine.

The baby needs services - kindergarten, school, medical care. All procedures require registration at the place of residence. Without it, it will be difficult to obtain services and respect the rights of the child.

How to register a minor child in another apartment

It often happens that a child comes to stay with a relative for a long period. You must be assigned to a clinic and go to school at your current place of residence. Temporary registration will save the situation. To complete it, you will need the presence of the child’s mother or a notarized written permission from her.

A minor child can be registered in another apartment with the consent of the mother. The father will be required to fill out an application to register the child. If the mother refuses to register, government authorities have the right to refuse to register the baby. An exception is a court decision to transfer parental rights to the father, not the mother.

To discharge a child from one apartment and then register him in another, you will need:

  • Approval from guardianship authorities. After moving, the child’s standard of living and his share should be at least no worse than the previous conditions. Preferably better. Guardianship authorities are required to check the level of suitability of housing and approve the discharge of a minor. If the child is ten years old, his personal permission will be required.
  • Speed. It is necessary to fit the child into the new apartment immediately after checking out from the old one.

Registration period, cost and results

The child will not be registered on the day the documents are submitted. To do this you need to wait a certain period. Depending on the situation, it may change. If you contact the Main Directorate for Migration Issues of the Russian Federation, the child will be registered within 3 days. In other situations, the result of the procedure will have to be expected within 5-7 days.

If the registration application was submitted through the State Services portal, you will have to wait for a response within 9 days.

If there are situations in which a child’s registration certificate needs to be obtained urgently, you can ask for permission from the employees of the Main Department of Migration of the Ministry of Internal Affairs of the Russian Federation. They can meet halfway if the reasons for this are really solid.

There is no need to pay anything to register a minor child. This procedure will be absolutely free. If parents need to obtain a registration certificate ahead of schedule, they may have to pay a state fee. Its size should not exceed 300 rubles.

If the child is under 14 years old, he will be given a document indicating his place of official registration. If a minor has his own passport, then it will simply be stamped.

Is birth registration required?

The birth of a new Russian citizen implies payments to parents for his feeding and accommodation - maternity capital, etc. In order not to lose these payments, you will need to register your newborn child in the apartment.

At the legislative level, there is an obligation to register a person at his place of residence in the first years of birth - in order to comply with fertility statistics. Services available after the baby is registered:

  • Registration in educational institutions - school, kindergarten, clubs and clubs.
  • Participation in the “young family” program. The program provides housing on a first-come, first-served basis in the family's region of residence.
  • One-time payment for the birth of a child. The payment amount varies in different regions.
  • Monthly regular payments for children's needs. The amount of payments should be checked in local laws on social support for families.

It is advisable to register a child in an apartment from an early age - in the first month of life. This way you will not break the law and will receive all government payments.

You can find out whether the child is registered in the apartment by contacting the passport office, where you should create an extract from the house register. With the necessary information.

Why does a child need a registration?

Registration of citizens on the territory of the Russian Federation at the place of residence or stay is an obligation imposed by the state.

If an adult or a child does not have a residence permit, then this is, firstly, a violation of the law, and secondly, an inability to use government services.

Registration allows the child:

  • reside at the registered address;
  • enjoy free medical services;
  • receive benefits and payments;
  • attend general educational institutions (kindergarten/school);
  • participate in state and city competitions.

The deadlines for obtaining registration for minors are not specified at the legislative level . However, if a child does not register a legal representative, they may be held administratively liable and even deprived of parenting rights.

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.

How to do it?

When a teenager turns 14 years old, he can initiate a change in his place of registration, for which the law gives him the right to sign a power of attorney for his adult representatives to act on all legal issues.

The role of such representatives can be either both parents or one of them, as well as legal guardians. On the other hand, parents cannot register their offspring in another living space without his consent.

You will find information on how, where and for how long you can register a child in this article.

How does the registration procedure work?

You can go through the registration procedure in several organizations:

  • MFC. Contacting the MFC is a convenient way to quickly register a child in an apartment without queues. The organization works 5/2 and all documents are submitted immediately in one window, which eliminates bureaucratic red tape and wasting time distributing documents to different authorities. If the client has any questions, MFC employees will advise and help collect a package of documents.
  • Department of the Main Department of Migration Affairs of the Ministry of Internal Affairs. The procedure for submitting documents formally takes place as in the MFC, the data is sent to the same migration service. The only difference is the convenience of the first option in terms of time and location of MFC centers.
  • Government services portal. The main convenience is submitting documents online. You can apply at any time of the day, saving time on travel and paperwork. Disadvantage: to complete the procedure, you will have to come to the department in person to get documents.

How to register a child in an apartment without the consent of its owner?

Upon reaching the age of 14, a teenager becomes of limited legal capacity and has the right to independently decide where to register. However, he still needs to get permission from both parents.

You need to know The Civil Code of the Russian Federation indicates (Article 21) that persons who have not reached the age of majority do not have the right to contact the Federal Migration Service and submit applications to be registered.

To register a child separately from his parents, you need to submit an application to the MFC or FMS authorities, as well as a package of necessary documents.

Expert opinion

Mikhailov Evgeniy Alexandrovich

Teacher of civil law. Lawyer with 20 years of experience

To register a child separately from his parents, he must obtain the consent of all citizens registered in the municipal apartment. And it is also necessary that local government officials give permission for this.

As soon as the minor registers, the tenancy agreement will be amended, which will give the child the right to claim a share of the residential premises and participate in privatization.

If the apartment is not privatized, then the child registered in it must be given a share when the housing becomes privatized.

This is important to know: Is it possible to register at a dacha in SNT. What do you need to register in a country house?

Documents required for registration

To register a child in an apartment, a number of documents are submitted to the MFC or the Main Department of Migration Affairs of the Ministry of Internal Affairs. To apply, the presence of one family member is sufficient. If the father is not the legal representative of the offspring, the mother must give consent to the father’s registration.

Documents required for child registration:

  • Identity cards: for adults – passport. For a child - a birth certificate.
  • A certificate from the parents' department with information about weight, height, blood type and other information about the new person.
  • Confirmation of marriage - if the marriage took place.
  • Certificate of personal account.

A document that will be different for different types of housing:

  • Apartment: extract from the registration log.
  • Private house: an extract from the house register, which is kept by the owner of the property. If a private house is rented to a family, the owner will have to provide a house register to register the new person.

If all documents have been collected and submitted correctly, the registration procedure is completed by the end of the day. The maximum duration of procedures is a week.

How important is the father's consent?

Migration service employees often require the presence of both parents when registering a child or the written consent of the father, in the absence of which they may refuse registration. In this case, the mother may demand a written refusal to register without the father’s permission and will go with him to file an application in court, since they have no right to refuse registration on these grounds.

Even if the child’s parents are divorced and live in different places, the minor’s mother can freely register him with her. If the parents are in a conflict situation and the second parent is categorically against registering the child with the mother, then the dispute can be resolved exclusively in court.

Often the court makes a decision in favor of the mother. According to the court ruling, it will no longer be possible to interfere, but this decision can be challenged under certain circumstances, for example, if you file a second lawsuit against the child’s mother, indicating her unlawful actions towards the minor. Such actions can be considered regular beatings, alcoholism, improper care, etc.

It is worth noting that in the case where the mother is the owner of the living space in which she and her children are registered, they have the right to own it legally. If their home is sold, they will automatically lose it.

Temporary registration at the place of stay

There are cases where a family lives for a long time in a place other than their permanent residence. To avoid problems, you will need to temporarily register the child in an apartment at the place of residence - this will allow you to attend school, a clinic, etc.

Temporary registration is made for a period not exceeding 3 years. You will not need to leave your place of permanent residence. If more than three years are required, the procedure can be repeated after the end of the three-year period.

It is mandatory to have at least one of the parents registered at the child’s temporary registration address.

The processing time for documents will take from a week to a month.

Registration of the child with the mother

It doesn't matter whether the parents live together. The minor must be registered at the address of one of them. How to register a child at the place of registration of the mother? The father's permission is not required regardless of registration, status and marital status.

Until the citizen has reached the age of obtaining a passport, the application is submitted on his behalf by his mother. If his husband directs him, her consent is required. When a minor receives a passport, registration is carried out according to his personal application, but with the permission of his parents.

If the parents are not registered anywhere

It is impossible by law to register a newborn child alone if the parents are not registered anywhere. Parents will have to register in their own name. Temporary or permanent. If a family rents housing, the consent of the owner and an application from him, and a document on the right to use the residential premises - a rental agreement signed by the parties - will be required.

A minor child can only be registered in an apartment with his mother or father. One will not work.

After reaching 14 years of age, the child can be registered without parents, for example, in an apartment with a grandmother or other relatives. To do this, you will need to issue a guardianship or power of attorney.

How to register a minor over 14 years of age?

If a minor has reached the age of 14, he can be registered in any apartment in which his parents are not registered. But, for this it is necessary to draw up their permission, certified by a notary. The child must also fill out an application for registration independently.

The following documents must be added to the application:

  • application in form No. 6;
  • child's passport;
  • consent from the citizen who represents the living space.

It is worth considering that a minor child must be present during the registration procedure.

How long does registration take?

The maximum period for processing documents is three months. During this period, parents must submit all documents to the necessary authorities. If the deadline is missed, paper will be required explaining why the delay occurred. Otherwise, you may run into administrative punishment. Without objective serious reasons, the fine can reach up to five thousand rubles.

Who is responsible for the design

There are several bodies authorized to accept documents:

  • management companies and housing office,
  • multifunctional public service centers,
  • local authorities.

Accepted documents are transferred for execution to specialists of the territorial division of the Ministry of Internal Affairs. You can send documents by post, come to a personal appointment, or send them online through the gosuslugi.ru portal.

Based on the results of registration, a certificate is issued in form No. 8.

7 information that is indicated in the document:

  • name of the organization that issued the document,
  • Full name of the minor,
  • date of his birth,
  • exact address of stay,
  • deadline for registration,
  • signature of the manager certifying the certificate,
  • seal of the institution.

The certificate itself has no legal force; it is an attachment to the birth certificate. The details of the certificate are indicated in the certificate.

Nuances for the apartment owner

A homeowner who agrees to register someone else’s child in his home may face unpleasant consequences. The consequences for the owner who registered a child in a privatized apartment can be significant - the matter may go to court.

The family may refuse to be discharged at the request of the owner. The owner will have to go to court, which can last from six months.

It will not be possible to register only the baby; you will have to register at least one of the parents, which will complicate the task even more.

Conclusion: it is more profitable for the owner to temporarily register the child so that there are no problems with the discharge in the future.

Why can a child’s registration be refused?

If adults committed violations during registration or did not submit all the necessary documents, then the Federal Migration Service may quite reasonably refuse to allow the child to be registered separately from the parents. The most common problem is lack of consent from the owner of the living space.

The laws of the Russian Federation do not allow registration of registration for minors where no one is registered. In this case, parents will definitely be refused.

Expert opinion

Mikhailov Evgeniy Alexandrovich

Teacher of civil law. Lawyer with 20 years of experience

If the apartment is owned by a child, then he can be registered there even if the parents do not have registration in this place. You just need to obtain the consent of the guardianship authorities. If the passport office refuses to register a teenager who has such permission, you can go to court. However, if the apartment is mortgaged, then you need to read the agreement concluded with the bank. It is quite possible that you will have to contact them to obtain consent for the child to be registered.

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