When is the consent of the mother or father required for the child's registration?

Some citizens mistakenly think that a child can be registered only with the mother’s registration. However, a child can also be registered where his father is registered.

If the parents are registered in different places, in order to register the baby, it is necessary to provide the consent of the mother or father for the child's registration.

How is a document drawn up in 2021, does it need to be certified by a notary and is it necessary to write consent if both parents are present when submitting documents for the child’s registration?

Before finding out how to obtain consent for the registration of a child and whether it is necessary at all, it is necessary to emphasize that a child can only be registered at the address where his mother or father is registered. No one will ever be able to register a child at another address (according to Article 20 of the Civil Code of the Russian Federation).

The Family Code states that if parents have separate registration/live separately, then both parents must figure out together the question of which address is best to register the child.

Definition of concepts

Consent to registration is a statement from the owner of the property who allows a person or group of citizens to register in the specified living space.

This document is necessary for a citizen to register in an apartment or house of which he is not the owner. It doesn’t matter who the owner of this home is: a relative or a stranger.

To obtain approval for registration, you must contact the owner of the residential property. Then both parties sign a statement according to which one of the parties has the right to register and live in a certain living space.

Citizens registered in an apartment or other premises who are not the owners cannot sell, exchange, donate or bequeath this object.

What is this?

Consent to registration of a minor is the will of the father or mother of the born child.

Without obtaining consent, it is impossible to carry out the procedure for registering a minor at the specified address. Therefore, when submitting documents to the relevant authority, a consent form must also be filled out.

It means that both parents who are registered in the residential premises agree to carry out registration actions to register a new family member.

Who gives permission?

Article 20 of the Civil Code of the Russian Federation stipulates that a person under fourteen years of age has the right to be registered with at least one of the parents or guardians. This applies to children under 14 years of age

.
Thus, consent must be given by parents and guardians , and consent from the owners of the premises is not necessary. This means that if the father and mother of a newborn or older child live together, the child will be registered at the same address as them.

In life, it does not always happen that parents have permanent registration. Many couples have only temporary registration, which forces them to contact the FMS and make temporary registration on the territory of the owner of the premises

. In this case, obtaining permission from the owner is not required.

Registration of a child under 14 years of age

While the child is young (according to Russian laws, he is considered up to 14 years old), registration of minor children at the place of residence of the parents occurs at the will and decision of the father or mother, who fills out an application for the child. The main document - the basis for registration - is the baby's birth certificate.

If the parents cannot agree on the place of registration of the child, the decision is made by the court. The interests of the minor are taken into account for objective reasons; the child himself is not asked in this situation.

Consent for registration of the child of the second parent - sample filling

The child must have a registration - temporary or permanent, depending on the situation in which the family finds itself. If mom and dad live together, their marriage is registered, the family has its own apartment, and the parents want to register the baby with them, then, of course, there will be no problems.

But, if the mother and father are divorced, then sometimes it is necessary to provide consent for the child’s registration. What is it? Filled out by whom?

Registration

To officially register a residence permit, you will need a number of documents, but first of all, consent to this procedure from the owner, as well as other persons who are registered in the territory of the apartment or house on a permanent basis.

The registration procedure consists of the following actions of the registering person:

• collection of all necessary documentation;
• contacting the passport office (multifunctional center, department of the Federal Migration Service at the registration address);
• filling out a form and providing documentation;
• obtaining permission to register or refusal of registration.

What documents are needed?

The person, as well as the owner of the residential premises, must provide the following package of documents to the registration authority:

• a document that will confirm the identity of the person registering and the person registering him - a passport, and in the case of minors - a birth certificate;
• documents confirming ownership of residential premises;
• application of the registering person, drawn up in the authorized bodies according to the issued sample;
• consent to the registration of the owner, as well as other persons who are related to the living space, including permanently registered residents;
• statement from the owner of the premises;
• In case of registration of permanent registration, a proof of departure from the previous place of permanent registration is required.

A sample application for permanent residence registration is here.

A sample application for temporary registration is here.

Where to submit documents?

You should handle the package of papers:

• in residential office at the location of the new address (to the passport officer of the housing department, housing cooperative, management company);
• to the passport office;
• in the MFC;
• directly to the FMS department.

Documents will be accepted in any of the above places, but the fastest result will be obtained by contacting the MFC or the Federal Migration Service.

Registration can take from 3 to 8 days. The registration service, whether temporary or permanent, is provided free of charge . Such services are not subject to state duty.

Registration of a child over 14 years of age is almost identical to the same procedure for an adult. At the end of the registration process, the passport of a citizen aged 14 to 18 years will be stamped, if this is a permanent option, and a certificate will be issued. No. 8 .

The temporary version will not affect changes in the passport; only a small-sized card of the established form will be issued (form No. 3), which indicates the address, date and validity period. If necessary, the deadlines can be extended several times.

Lawyers' answers

It all depends on the age of the daughter. Registration at the place of residence of minor citizens under 14 years of age and living together with legal representatives (parents, adoptive parents, guardians) is carried out on the basis of an application in the established form for registration at the place of residence, identification documents of legal representatives (parents, adoptive parents, guardians), or documents confirming the establishment of guardianship, and birth certificates of these minors. This registration is carried out with the issuance of a certificate of registration at the place of residence. Therefore, if the daughter is under 14 years old, an application for her registration is also submitted by the father. Additionally, the registration authority checks the existence of the minor’s ownership of the object at the place of registration and other circumstances. Place of residence is a residential house, apartment, room, residential premises of a specialized housing stock or other residential premises in which a citizen permanently or primarily resides as the owner, under a lease (sublease) agreement, a lease agreement for specialized residential premises or on other grounds provided for by law Russian Federation, and in which he is registered at his place of residence.

Cost of services:

700 rub. detailed consultation.

Good evening, Anastasia.

You do not need the father's consent to register the child at another address, because you are the child's legal representative and can make decisions for him in your case for her.

Ask the passport office on the basis of what clause of the law they require the father’s consent if the Regulations approved by FMS Order No. 288 for registration of registration directly say:

114. Registration at the place of residence of minor citizens under 14 years of age and living with their parents (adoptive parents, guardians) is carried out on the basis of identity documents of the parents (adoptive parents), or documents confirming the establishment of guardianship, and the birth certificate of these minors with the written consent of their legal representatives (one of them).

That is, the consent of the second parent is not necessary, because you are not going abroad.

Tell the passport officer that if she doesn’t know the laws, there are more competent authorities, for example, the Federal Migration Service, where you can write a complaint.

If you have any more questions, please contact us.

By Decree of the Government of the Russian Federation dated 02/05/2016 No. 72 “On amendments to certain acts of the Government of the Russian Federation”, corresponding changes were made to the “Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation and the list of persons, responsible for the reception and transmission to the registration authorities of documents for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation.”

28. Registration at the place of residence of minor citizens under 14 years of age and living together with legal representatives (parents, adoptive parents, guardians) is carried out on the basis of an application in the established form for registration at the place of residence, identification documents of legal representatives (parents, adoptive parents, guardians), or documents confirming the establishment of guardianship, and birth certificates of these minors. This registration is carried out with the issuance of a certificate of registration at the place of residence.

29. Registration at the place of stay of minor citizens under 14 years of age is carried out on the basis of an application in the established form for registration at the place of stay, identification documents of the legal representatives (parents, adoptive parents, guardians) or close relatives who are with them, and also birth certificates of these minor citizens with the issuance of a certificate of registration at the place of residence.

Paragraph 114 of the “Administrative Regulations for the provision by the Federal Migration Service of state services for registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation” has not changed after the changes in paragraphs 28 and 29 of the Rules. The version of paragraph 114 has been in effect since January 2015.

114. Registration at the place of residence of minor citizens under 14 years of age and living with their parents (adoptive parents, guardians) is carried out on the basis of identity documents of the parents (adoptive parents), or documents confirming the establishment of guardianship, and the birth certificate of these minors with the written consent of their legal representatives (one of them). This registration is carried out with the issuance of a certificate of registration at the place of residence, form No. 8.

Who can you entrust your child to?

According to Art. 20 Federal Law No. 114 (“On the procedure for exit and entry into the Russian Federation”), the child must be accompanied by legal representatives . If this is not possible, then a power of attorney must be issued to third parties. That is, anyone over 18 years of age can be an attorney. It doesn't have to be a relative.

From the point of view of the law, both the grandmother and the neighbor have the same attitude towards the child, and there is no difference between them.

The responsibility for choosing an attorney rests with the parents. Therefore, you need to approach your choice carefully.

The attorney will be responsible for the life and health of the child and will represent his rights.

Read about who can be an attorney and how to write a power of attorney to accompany a child by hand here.

Notarized consent for registration – First lawyer

Format of notarial consent for permanent registration

Article 31 of the Housing Code of the Russian Federation states that in order to register a citizen, in any case, the absence of objections from the owner is required. If the premises are in common ownership, then it will be necessary to ensure that there are no objections from all owners. If among them there are children who have not yet reached the age of majority, then such a document is required from their representatives (parents, guardians).

Sample, form and rules for filling out the owner’s consent for registration at the place of residence, stay

It is important to remember that when an apartment is jointly owned by several persons, consent from each of them is required for occupancy. But if there is an allocated share, which is a separate premises suitable for living, then one of the co-owners can register a tenant there himself.

How to write the owner’s consent to registration at the place of residence and the application form for permission to register: sample filling

The owner's consent is required in all cases if someone else plans to register in the apartment. How complicated the procedure will be depends on who owns the home

. If it is municipal, then there will be more trouble. In particular, the question of the number of residents will arise.

Owner's consent to registration - how and when to write an application

Consent for registration - a sample can be found below. The owner's application for registration at the place of residence is written in the first person addressed to the head of the territorial unit of the Federal Migration Service. The header, in addition to the addressee, indicates from whom (full data), also the series and number of the passport and address.

When is registration consent required?

The consent of third parties is no different from the consent of the owner, but it cannot be neglected, since citizens registered at the place of residence have every right to refuse to register another person, and the owner of the property will not be able to prevent this unless he forcibly evicts them.

RAA Law

Note : In the case of a notarial act being performed by a person replacing a temporarily absent notary, vested with the powers of a notary on the basis of Article 20 of the Fundamentals of the Legislation of the Russian Federation on Notaries, in the forms of notarial certificates and certification inscriptions on transactions and certified documents, the words “notary”, “notary” are replaced with the words “temporarily performing (acting) the duties of a notary" (indicating the last name, first name, patronymic of the notary and the name of the corresponding notarial district).

Rules for notarial consent for registration from the owner

A person who receives registration in the territory of a certain housing can stay there at any convenient time, and also register his minor children there, without even receiving any consent from the owner. This point is extremely important for property owners to take into account and discuss before proceeding directly to the execution of the transaction.

Consent for registration at the place of residence - sample, requirements and features

You have to decide with whom to register your newborn. Most often, babies are registered with their mothers. In this case, you will have to obtain consent for the child’s registration from the father. A sample of such paper is presented below. It can be drawn up either at the passport office or certified by a notary. The first scenario greatly simplifies the process of registering the baby, and the second is considered safer from a legal point of view.

How to register in an apartment with the owner? Is consent required for registration at the place of residence?

What if the owner registers a person without the consent of the registered and other co-owners? Is it possible to do this? Without the permission of the residents (that is, registered) - yes, but if the square meters are in shared ownership - no longer, you will have to obtain their official consent .

How to write the owner’s consent for registration at the place of residence using a sample and is it always necessary?

The registration process begins with consent to provide it; the selected citizen must appear at the passport office or migration service, where there are forms and established samples on which consent should be written. The form contains the information necessary to provide registration.

firstjurist.ru

What is this?

Consent to registration of a minor is the will of the father or mother of the born child.

Without obtaining consent, it is impossible to carry out the procedure for registering a minor at the specified address. Therefore, when submitting documents to the relevant authority, a consent form must also be filled out.

It means that both parents who are registered in the residential premises agree to carry out registration actions to register a new family member.

Who gives permission?

Article 20 of the Civil Code of the Russian Federation stipulates that a person under fourteen years of age has the right to be registered with at least one of the parents or guardians. This applies to children under 14 years of age. Thus, consent must be given by parents and guardians , and consent from the owners of the premises is not necessary. This means that if the father and mother of a newborn or older child live together, the child will be registered at the same address as them.

Conditions when you can register without the permission of the father or mother

There are a number of cases in which the Ministry of Internal Affairs does not require the consent of the second parent, in which the mother/father/other guardian:

1. deprived of parental rights;
2. was declared missing;
3. died;
4. was declared incompetent.

In one of these cases, instead of an application, it is necessary to prepare documents confirming the fact that it is impossible to participate in the decision to register the second parent.

Instructions on how to register

If you decide to register your child at their place of residence, but the other parent does not want to give consent, then:

1. Contact your territorial office of the Ministry of Internal Affairs in accordance with the place of future registration of the child.
2. When contacting the Ministry of Internal Affairs, refer to Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 N 984, according to which the consent of one of the parents is not included in the list of documents required when registering a child.
3. Confirm the fact of paternity/maternity/guardianship with relevant documents.
4. Provide a completed package of documents with your application.
5. If an employee refuses to accept documents, even referring to internal acts or regulations, request an official written refusal to register.
6. As soon as you receive a written refusal, you need to appeal it: first, you can contact the Ministry of Internal Affairs of the Russian Federation.
7. If you cannot resolve the issue, file a claim in court, it will make a decision in your favor, the only thing is that you will have to spend enough time on the whole process.

What is it and in what cases may it be needed

In any situations when it comes to registering permanent registration of a certain citizen who is not the owner of the premises, a mandatory written agreement of the owner of the specified housing is required.

Registration is regulated in accordance with housing and civil legislation of Russia, as well as Government Decree No. 713. It is worth noting the fact that the registered person receives the right to live on the territory of the specified housing, but not to dispose of it, since registration in no way relates to the right of ownership, even if it is permanent.

This permit is an official confirmation of the status of a full-fledged resident along with such documents as:

• document on the ownership of a particular home;
• social rental agreement;
• certificate of inheritance;
• a court decision confirming the existence of the right of residence.

In the vast majority of cases, temporary registration is issued for a period of up to 12 months, after which the person is automatically transferred to the category of those deregistered. However, you need to correctly understand that if the temporary registration ends in any case, it is somewhat more difficult to cancel the permanent one.

In this case, it is also important what exact status the specified living area has. If it is privately owned, then there are no difficulties, and any number of people can be accommodated there, while municipal housing already provides for certain restrictions.

Special attention should be paid to the registration of permanent registration of a newborn and the fact that in this case it is not necessary to obtain the consent of the homeowner. Despite the conflicting opinions of many citizens, in practice this is indeed possible, but only if one of his parents is registered at the specified address. Moreover, even in this situation, it is necessary to obtain at least verbal consent from the owner, since if he is categorically against this decision, he will have the opportunity to find an opportunity for discharge.

Even if the owner of the property does not transfer it to any other person, the child registered there will in any case not have any rights to the said property, and after he reaches the age of majority, he can be discharged without any restrictions.

Article 292. Preparation of a case for trial and consideration of an application to recognize a movable thing as ownerless

Sample application for permanent registration:

If the apartment is municipal

As mentioned above, when registering permanently on the territory of a private home, the only thing that needs to be secured during this procedure is the consent of the owner of the said home, and in the absence of any objections, the specified person is simply registered at a new address.

If the housing belongs to the category of municipal property, then in this case a much wider list of documents may be required, and, more importantly, the written consent of each person registered at the specified address.

This entire list of documents must be submitted directly to a branch of your management company, a multifunctional center, the official Gosuslugi portal, or a migration service agency. In this case, citizens can independently choose the body to which they should contact to carry out this operation.

Do I need permission from the mother or father to register a child?

After birth, the child must obtain permanent registration within one week, and this procedure is carried out during the standard name registration process at the passport office. It is worth noting that obtaining the consent of both parents in this case is mandatory.

Since parents, at the official level, are classified as the child’s guardians, the application for registration of the child at a particular address must be drawn up by them.

Step-by-step instructions: how to draw up a document?

The general appearance of all powers of attorney is the same. Notary marks are placed at the bottom of the page (if necessary).

1. Any permission begins with the word “power of attorney” . The word is written in the center of the sheet with a capital letter. There is no period at the end.
2. Compiler's details . The block begins with the pronoun I. Then the passport details, registration, date of birth are indicated.
3. Attorney details . The block begins with the word “trust.” Data is indicated in the genitive case.
4. Child details . The block begins with the words “I trust my son to accompany my daughter.” The genitive case is used.
5. Basic information . Here you need to indicate which rights are trusted.
6. Requisites . Date of signing, validity period, signature of the originator.

Samples of consent for registration

ATTENTION! View the completed consent form for child registration:

You can DOWNLOAD consent forms for registration using the links below:

1. Consent for registration from the owner
2. Consent to register a child
3. Consent to the child’s registration at the mother’s place of residence
4. Consent to the child’s registration at the father’s place of residence
5. Consent for registration in an apartment
6. Consent for registration in a municipal apartment from residents
7. Consent for registration from the shared owner

Agreement with the owner

The owner's permission is a prerequisite if neither parent is registered at his place of residence and the child has already reached the age of 14 years.

In this case, in addition to the owner’s consent, the collection of the consent of all residents registered in this housing is added.

Grounds and conditions

Without the consent of the owner, a parent has the right to register children under 18 years of age at their place of residence. The parent's registration can be either temporary or permanent.

Instructions on how to register

Registration in the absence of the owner’s consent occurs in several stages:

1. A newborn child must first be registered at the registry office and receive a birth certificate; a non-newborn child skips this stage.
2. Together with the birth certificate and documents confirming the identity of the parents, you need to go to the territorial office of the Ministry of Internal Affairs.
3. If an employee of the Ministry of Internal Affairs refuses to register a minor, request a written refusal.
4. As soon as you receive a written refusal, you must appeal it at a higher administrative level, or through the court.

On our website you will find other articles on the topic, namely:

• What are the nuances of registering a child at the place of residence through the State Services portal.
• Where can I get a certificate on Form 8?
• Is it possible for the father or mother to register at the place of registration of the child?

Registration of a newly minted citizen is a troublesome and quite lengthy task. First of all, this is due to the fact that such services are used by scammers. The state, in an attempt to maximally protect the rights of citizens, complicates this procedure, but, despite the difficulties, one must remember that registering a child not only simplifies life for parents, but is also mandatory , and failure to do so will result in a fine of 2,000-3,000 rubles.

Consent to registration and permanent residence

Consent to registration and permanent residence. Registration of a citizen at the place of residence occurs no later than 3 working days from the date of receipt of documents by the registration authority, and in the case of sending an application for registration at the place of residence in the form of an electronic document - no later than 8 working days from the date the citizen submits the application for registration at the place of residence and other documents required for such registration.

Place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.

The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

A citizen of the Russian Federation (except for the case provided for in Article 6.1 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”) who has changed his place of residence is obliged no later than seven days from the date of arrival at the new place residence, contact the person responsible for receiving and transmitting to the registration authorities documents for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation, and in cases provided for by this Law and the rules for registration and deregistration of citizens of the Russian Federation from registration at the place of stay and at the place of residence within the Russian Federation, directly to the registration authority with an application in the prescribed form. In this case the following are presented:

• passport or other equivalent document identifying the citizen;
• a document that, in accordance with the housing legislation of the Russian Federation, is the basis for moving into a residential premises, with the exception of cases provided for by this Law and other federal laws, or its duly certified copy. A citizen of the Russian Federation has the right not to present a document that is the basis for the citizen to move into a residential premises (social tenancy agreement, rental agreement for residential premises of a state or municipal housing stock, a state-registered agreement or other document expressing the content of a real estate transaction, a certificate of state registration rights or other document), if the information contained in the relevant document is at the disposal of state bodies or local governments. In this case, the registration authority independently requests the relevant document (information contained in it), an extract from the relevant register, other information in accordance with the legislation of the Russian Federation from state bodies, local governments and registers the citizen at the place of residence no later than eight working days from the date of submission of an application for registration at the place of residence and an identification document in accordance with the legislation of the Russian Federation.

The application, as well as other documents, can be submitted in the form of electronic documents, the procedure for execution of which is determined by the Government of the Russian Federation, and sent to the registration authority using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services .

The registration authority is obliged to register a citizen at the place of residence no later than three days from the date of presentation of documents (submitting an application and documents in the form of electronic documents) for registration.

In accordance with Article 30 of the Housing Code of the Russian Federation, each homeowner has the right to register a citizen in the living space belonging to him, however, for temporary registration in the apartment, the consent of all participants in shared ownership is required (Article 246 of the Civil Code of the Russian Federation). This means that the owner of temporary housing and all members of his family must give mutual consent to registration. Thus, in order to obtain temporary registration in premises owned by citizens, consent to registration is required from the owner of the property and all adult members of his family registered and actually living in this living space. If among the family members of the apartment owner there are minors or incompetent persons, then for the temporary registration of a citizen, the consent of their legal representatives is required.

When temporarily registering children under 16 years of age at the place of residence of their legal representatives (parents, guardians, guardians), consent to register the child from the above-mentioned persons is not required.

When registering for temporary registration in premises from the State or Municipal housing stock, consent to registration is required from the tenant and all members of his family registered and actually living in this living space, as well as consent from the housing committee or organization (for temporary use of a service apartment) for registration. If among the family members of the employer there are minors or incapacitated persons, then for the temporary registration of a citizen, the consent of their legal representatives is required.

Consent for registration must be provided to the registration authority for the citizen to register in a residential area. The notarial consent indicates the period of registration of the citizen in the specified premises - permanent or temporary registration at the place of stay or place of residence.

See another sample consent...