Replacing a birth certificate: how to change a birth certificate

A replacement birth certificate will be required if an error is discovered in personal data, it is lost, or if the document has become unusable. Therefore, you should not put off what needs to be done as quickly as possible, so as not to end up in an unpleasant situation later. The exchange procedure itself will not take much time if you understand all the legal nuances associated with this problem in advance. In this article we will tell you about the procedure necessary to restore your certificate in 2020.

Little Citizen ID Card

A birth certificate is a legally recorded fact of a person’s birth. The document contains the surname, first name and patronymic, date and place of birth, information about the parents.

Only on the basis of this document can the baby be certified, put a mark on Russian citizenship, and issue a medical insurance policy. In addition, a certificate will be required to apply for a number of benefits, to enroll in kindergarten, and then to school.

Parents must apply for a birth certificate to the civil registry office of the Russian Federation.

Find out more about.

Loss

What if you need to change your birth certificate because you have lost it? You will have to collect a small package of papers, which will then be presented to the MFC or district registry office. With its help, in approximately 10-15 days (maximum in a month) you will be able to receive a duplicate of the previous certificate. But it will have the corresponding information on it src=”https://businessman.ru/static/img/a/26435/255238/35664.jpg” class=”aligncenter” width=”522″ height=”392″[/img]

You will need to bring with you:

• statement;
• confirmation of payment of state duty;
• ID card (passport);
• documents on marital status.

As you can see, the list of required papers is not too long. You can easily assemble it in a few minutes. Some time after contacting the relevant authorities, you will be able to receive a duplicate. It's not as difficult as it seems.

Grounds for reissuing a document

According to Article 9 of the Law “On Acts of Civil Status” dated November 15, 1997 No. 143-FZ, there are a number of reasons why a birth certificate needs to be replaced.

A short list of grounds for issuing a duplicate or new certificate:

• erroneous (inaccurate) data;
• loss or damage to a document, preventing information recognition;
• change of surname, name or patronymic;
• change of information about the father by a mother who is not married to him;
• adoption or establishment of paternity;
• By the tribunal's decision.

Due to distorted data

A typo in the certificate is a serious reason to contact the registry office with a requirement to provide correct information. In this case, this is the procedure:

• fill out application form No. 17, briefly describe the essence of the problem, and also indicate the registration data of the certificate;
• submit an application to the civil registry office where the first birth record was made;
• if you have changed your place of residence, then contact the registry office at the new place of registration.

Now you know what to do if there is a mistake in the middle name on the birth certificate.

The decision of the civil registry office corresponds to the provision of paragraph 1 of Article 69 of the Law “On Civil Status Acts”, according to which, government officials check with the “Civil Registry Book” and if you initially indicated the wrong name, date or place of birth, a new certificate will be issued denied.

The deadline for making a decision on inaccurate information requiring replacement is 1 month. Correcting errors may take a longer period: this, for example, may be due to difficulties in claiming.

Due to unusability or loss

A damaged document must be replaced with a new one. Here is an algorithm that tells you how to change a child’s birth certificate to replace a damaged one:

• submit an application to the registry office, form No. 18;
• attach the original in the form in which it exists;
• in case of loss, indicate the number and series of the certificate.

After reviewing the documents provided, employees make a decision: the refusal must be in writing, consent will be marked by the issuance of a new certificate.

Due to a change in first and last name or other information

Before changing the child's first or last name on the birth certificate, it is necessary to obtain confirmation of their change from the registry office. In general, the procedure for submitting documents is the same as in the case of a typo.

For children under 18 years of age, you will additionally need consent to change your full name. from both parents, if one of the parents is against it, then the guardianship authorities will consider the issue.

The final decision of officials may be influenced by the following circumstances:

• how actively the parent takes part in the life of the child who bears his last name;
• consent of the child himself, if he is already 10 years old;
• cases of deprivation or restriction of parental rights.

If both parents change their surname, an adult citizen also has the right to enter new data.

Child's middle name

Before changing the middle name in the child’s identification documents, you must contact the registry office for permission. And only if the corresponding resolution is received, you can apply for the issuance of a new document. To change a child’s middle name on the birth certificate, you must obtain the consent of both parents.

Nationality of the child

A record of the nationality of the born child is indicated at the request of the parents. Ethnic origin does not oblige a citizen of the Russian Federation to anything, and most often a dash is placed in the column. How to change the nationality on a birth certificate is described in detail above - the procedure is the same as for cases with distorted data.

Due to clarification of data

Any intention to make changes to the birth certificate must be supported by documents and comply with the law. Each correction must have a legal basis. The question of whether it is possible to change the date of birth on the birth certificate will be resolved after going to court. According to the Family Code of the Russian Federation, this is only possible in the case of adoption.

Exclusion of information about the father

There are situations when the child’s mother demands that a new birth certificate be issued, in which there will be no record of the father, that is, there must be a dash in the “father” column.

In such circumstances you will need to present:

• court decision on deprivation of parental rights;
• denial of paternity by the second parent;
• father's statement challenging the relationship with the child.

If you have already received comprehensive information on how to change the father on your birth certificate, be prepared for lengthy court hearings. Only after securing a positive court decision can you proceed in the general manner to obtain a new birth certificate.

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.

Methods for applying for reissue of a birth certificate

The procedure for applying for a duplicate birth certificate is generally the same for all cases. The following information is required:

• the basis for obtaining a duplicate;
• information about the applicant;
• information about the child;
• information about parents;
• registration act (birth certificate);
• the registry office where you would like to receive a copy of the document.

The choice of the method and place where it would be convenient and quick to make changes to the child’s birth certificate, of course, remains with the parents: you can go in person to the nearest registry office or use the government service online.

Apply online

The initial stage of the registration procedure takes place on the Internet, that is, the necessary documents can be submitted through the State Services portal. This is only possible if you have information about the date and place of registration of the first certificate. Register on the web portal and verify your account to apply online. The form can be viewed below.

Contacting the MFC

If your city has a multifunctional center (MFC) for issuing documents, then the application for a duplicate certificate can be processed at this institution. This process will be speeded up and simplified by contacting the government agency that issued the original certificate.

Read more about how.

Documents required for replacement

The list of documents depends on who wants to make the replacement. For a child, the list includes the following papers:

• statement;
• ID card of one or both parents;
• a damaged copy of the metric.

If you plan to make some changes to your children’s personal information, you will also need to provide:

• court decision establishing paternity or adoption;
• decision of the guardianship authorities regarding changing the full name.

The specific paper depends on the data subject to change. If an adult wants to carry out the procedure, he needs to collect the following documents:

1. identification;
2. completed application.

No additional paperwork required. If the procedure is carried out for a person declared incompetent, a court decision establishing guardianship is required.

What documents need to be collected

What documents are needed to replace a child’s birth certificate is determined by the specific case. There are usually no difficulties in collecting them. These include:

• application completed according to the form;
• registration data of the certificate and original document (if any);
• a document confirming the basis for entering new information (court decision, parents (if the dispute arose due to an error in the child’s full name), decision on deprivation of parental rights, etc.);
• passport of the person requesting a replacement ID.

Application for name change

The decision to change a name is most often associated with its dissonance or some kind of intra-family disputes. In this case, you can receive a new birth certificate by justifying the reason in form No. 15. This is what the application form looks like.

Minors, in addition to the application, will need to obtain the consent of both parents.

Application for amendments or changes in information

A request for changes and corrections must be made in the form of an application on Form No. 17. This is what an unfilled form looks like.

The application must indicate the reason for the corrections: a change in the name of one of the parents, a decision of the registry office about the presence of an error in the certificate, a decision of the court or authorized guardianship authorities, etc.

Deprivation of parental rights

Sometimes you have to face a situation where it is necessary to put a dash in the “father” section of an existing birth document - in fact, a case that implies, at least formally, deprivation of parental rights.

In these circumstances, all you need to do to replace your birth certificate is to choose one of the options that is most appropriate for your situation:

• draw up a statement of claim for deprivation of parental rights and file a lawsuit;
• statement of voluntary relinquishment of parental rights, certified by a notary;
• receive a statement from the person entered in the document as the father about non-recognition of paternity.

An example of a claim is below.

Features of replacing a document, taking into account its reason

If a letter is missing from the first or last name due to an error in the date of birth, one of the child’s parents needs to write a statement.
For this, act record sample No. 17 is used. This statement should indicate the main problem, the details of the damaged certificate. It is better to contact the registry office at the place of birth, but you can also apply at the place of your current residence .

You will need to collect documents such as the first certificate, an extract of the date of birth (from the maternity hospital) in order to correct the date, year, passport of the person who applied. When, when registering a child, the middle name was written incorrectly in his first document, you should take the father’s passport to correct the error .

Sometimes you need to change your birth certificate or another passport due to damage. There may be a page missing from the document or letters that have been erased. In this case, an application is written in Form No. 18, and the damaged certificate should be attached to it.

It is recommended to check at the registry office for the presence of a registration certificate for the person whose document is being restored. You can contact the registration authorities even if the certificate is completely lost, but it is advisable to have information about its number and series so that the procedure can be completed in a shorter time.

Application processing time

In a normal situation, when you contact the same registry office or MFC where you received the original certificate, a copy will be issued on the same day in case of a deteriorated certificate and a month later for other cases.

How quickly your application will be processed depends on which department of the registry office you submitted the documents to. Since replacing a certificate after changing your place of residence is a fairly long procedure, since the data will have to be requested from another city, in this case the wait can take up to 2 months or more.

Where will they issue a new copy to replace the old one?

You can contact the department suitable for your place of registration, or the place where the metric was originally issued. There are several institutions that can issue a new certificate:

• Registry Office. It is this body that records acts of civil status, to which the certificate relates. This is where the necessary information is stored.
• MFC. You can send a written request through the MFC. They have branches in many cities across the country.
• "Government Services". The service provides the opportunity to send a request electronically. In addition to the application, you must submit the necessary documents in scanned form.
• In another locality. If the applicant changes his place of residence over time, he has the right to receive a duplicate of the metric at registration or at any branch of the registry office.

Application form

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.

Making corrections to the registry office certificates through the court

Chapter 36 of the Code of Civil Procedure of the Russian Federation “Consideration of cases on making corrections and changes in civil status records” is devoted to the procedural features of the consideration of such cases. It briefly and succinctly describes the procedure for submitting such an application to the court and the requirements for its content.

The court's decision in such a case serves as the basis for eliminating irregularities in the civil status act, that is, for the civil registry office to make changes and corrections to the vital record and issue a new certificate. Therefore, it must clearly state: which entry is incorrect and how it needs to be corrected or changed, in relation to which person it was made, which body of the registry office and when.

According to the law, such applications are considered by the court in a special proceeding; there will be no defendant in this case.

To submit an application for corrections and changes to the act record, two conditions must be met:

• on this issue, a refusal from the registry office to make corrections and changes must be received;
• there is no dispute about the right.

If making corrections to the certificate may violate the rights and interests of other persons, you can prepare for a dispute. Most often, this situation arises during inheritance. In this case, the application cannot be considered in a special proceeding; it is necessary to file a lawsuit in court.

For example, a birth certificate is evidence of the origin of a child from the persons indicated in the document. And it is permissible to change the information about the father, even with the consent of the interested parties, must be made in the manner of claim proceedings, since such changes entail the termination of the rights of the previously indicated person as the father. And, for example, correction of the date and place of birth can be made in a lawsuit only if there is a substantive dispute caused by incorrectly entered information.

If, during the consideration of the case, a dispute about the law arises, the court must leave the application without consideration and explain to the interested parties their right to protect their rights in the manner of litigation.

The range of applicants is exactly the same as in the out-of-court settlement of these issues.

The application should be submitted to the court at the applicant’s place of residence, regardless of where the vital record is stored and compiled.

In addition to the general requirements for statements of claim, the application for corrections and changes must indicate: what is the incorrectness of the vital record in the civil status act, when and by what authority the refusal to correct or change the record was received.

Thus, the extrajudicial and judicial procedure for making corrections and changes to the vital records of the Civil Registry Office is very clearly reflected in the current legislation. However, civil procedural legislation does not reveal all the features of consideration of such cases; only obvious formal distinctive features are indicated.

If you have any questions, you can consult with our specialists in Moscow by calling the number: + or writing on WhatsApp.

The legality of the refusal of the civil registry office is not the subject of judicial review as part of the consideration of cases on making corrections or changes to the civil status record.

Evidence in cases of corrections or changes in civil registration records

When considering this category of cases, the court establishes the range of facts to be proven, based on the norms of the Law “On Acts of Civil Status”.

The basis of the statement is of great importance for forming an accurate conclusion about the subject of proof in a particular case. Therefore, as previously stated, the application must clearly state what incorrectness is contained in the civil registration record, how it needs to be corrected, by which body and when it was refused to make changes and corrections to the civil registration record.

The subject of proof in these cases includes facts of a substantive nature, indicating:

1. about the presence of incorrectness in the act record;
2. about the applicant’s interest in eliminating the irregularities.

In addition, the following facts and procedural nature must be established:

1. refusal of the civil registry office to make changes and corrections;
2. the absence of a dispute about the right, possible from the event recorded in the act record;
3. other circumstances relevant to a particular case.

The burden of proving the incorrectness of the civil registration is placed on the applicant himself; he needs to provide evidence with which he can convince the court that there is an error in the civil registration.

In some cases, the court may assign the responsibility of proving the correctness of the information contained in the act record to the registry office, which compiled this record. For example, if the date of birth is later than the date of compilation of the civil status record.

If the applicant applies to the court after a significant period of time, and the documents that form the basis for the state registration of a civil status act are lost or destroyed, it will be very difficult to correct the civil status record. In such cases, we recommend that you seek the help of a professional lawyer. You can contact our specialists in Moscow by number: + or via WhatsApp.

Contacting the registry office

Pre-trial appeal to the civil registry office must comply with the requirements imposed on it by the current legislation on acts of civil status. If they are not followed, the court will leave the application for corrections or changes in the civil status record without consideration. This can happen, for example, if the applicant applied to the wrong registry office or did not present a passport when submitting the application.

Interest in fixes

As a general rule, the applicant in cases of corrections or changes in civil registration records is not required to prove his interest. However, if corrections or changes are made to the deed record in relation to another person, the applicant must prove his interest.

Written evidence

Establishing an incorrectness in a civil status record can be made primarily on the basis of written evidence. In fact, the evidence will be those documents that were attached pre-trial to the application to the registry office for corrections and changes in the vital record and, accordingly, the refusal of the registry office.

Request for evidence by the court

The court is competent to request any evidence, including copies of civil status records of the applicant’s relatives. When the subject of legal proceedings is a restored civil status record, the documents that served as the basis for its restoration may be requested. For example: a birth document issued by a medical organization; a court decision on divorce that has entered into legal force; a court decision on the adoption of a child that has entered into legal force, and others.

Witness's testimonies

Witness testimony by itself, as a rule, cannot be a sufficient basis for correcting civil registration records.

Conflicting evidence

If the evidence contains conflicting information about the facts to be established in a particular case, the court must determine which of them has greater evidentiary value. For example, if there are contradictions between a birth certificate record and a passport of a citizen of the Russian Federation, priority should be given to the birth certificate record, since it contains primary information, and all subsequent records and documents issued on their basis must be in accordance with the information contained in the record birth certificate.

Grounds for refusal

After examining the documents you have collected, the civil registry office employees are required to give consent or write a refusal to perform government services so that the applicant has the opportunity to challenge such a decision in court.

There are certain reasons why a duplicate may be refused:

• absence of the applicant;
• the applicant is deprived of parental rights to the child whose birth certificate he wants to obtain;
• the state duty has not been paid;
• insufficient authority to apply;
• documents are not prepared properly.

Application: how to fill out correctly, sample

It is necessary to fill out the application correctly. Errors and omissions are unacceptable. You should learn how to fill out the form in order to be accepted. The application includes the following items:

1. The data of the registry office where the person plans to apply is indicated.
2. The applicant's passport information is filled in.
3. Next, indicate the full name to which the duplicate should be issued. An important point, because the applicant himself, his parents or guardians can apply for a copy.
4. The following is the parent's information.
5. Information about the registry office that registered the applicant at his birth is filled in. If the data is unknown, you should skip the point and contact a registry office employee.
6. Information about the previous copy is entered. If the document was lost, then this item is left blank.
7. Describes the reason why a new duplicate is required.

You can preview the sample to quickly and easily fill out the application.

Sample application

Replacement of birth certificate by court decision

A court decision is a strong argument in favor of issuing a new identity card or making changes to it.

Situations when a court decision is mandatory when submitted to the registry office:

1. If the mother demands to exclude information about the father, it is necessary to present a court decision on the deprivation of his parental rights.
2. When a child is adopted by a person not listed on the birth certificate.
3. Establishing paternity after the certificate has been issued.
4. Upon receipt of a written refusal to provide the service by the head of the registry office.

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.

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.

Causes

The first step is to figure out why you needed to make a replacement. It has already been said: no one will help you just like that. After all, documents are usually changed when there are reasons for this.

Cases in which it is necessary to change a birth certificate:

• damage to a previous document;
• changing a person’s first, last or patronymic name;
• the need to correct existing information (if errors were made);
• loss of document;
• changing the “father” column.

If any of the above applies to your situation, you can calmly think about how exactly to replace the certificate. It's not as difficult as it seems.

Replacement of passport due to change of patronymic

In the Russian Federation, citizens receive their first passport at the age of 14. If a child 14-18 years old has a need to change his middle name, then, in addition to a new birth certificate, he will also have to change his passport.

If personal data changes, the passport loses its relevance, which means it must be exchanged. To replace, you need to contact the territorial division of the Ministry of Internal Affairs or the MFC. You need to have a list of documents with you:

• Application for replacement of passport;
• Passport of a citizen of the Russian Federation;
• Birth certificate;
• Certificate of change of patronymic;
• Two photos;
• Receipt for payment of duty.

After changing the patronymic name of a minor, you will need to notify the educational institution, clubs, sections, clinic and other institutions that the child attends. This is necessary to ensure that there are no misunderstandings in the future, especially when filling out documents with the child’s data.

How much does it cost to change a certificate

When replacing a metric, you must pay a state fee. Its size depends on the reasons why the procedure was necessary:

• if corrections are made, you need to pay 650 rubles*;
• for changing your name, payment in the amount of 1600 rubles* is expected;
• if the metric is reissued due to loss or damage, the state fee will be 350 rubles*.

If the applicant applies to the department where the original copy was previously issued, then the replacement will take one day. When submitting a request to another locality, the period for entering new data and producing a new copy increases to 30-60 days.