Article updated: October 12, 2020
Author of the article Elena GrushinaRealtor with a legal education. Work experience - 11 years
Hello. A quick answer to the question: when registering a child with one of the parents, you will need not the consent of the second parent, but his passport . This is true even if the parents are divorced or unmarried, although there are minor exceptions. First things first.
A small digression - if you need free legal advice, you can write online to the lawyer on the right at any time, order a call using the button on the left, or call yourself (24 hours a day, 7 days a week) (Moscow and the region); (St. Petersburg and region); 8 (800) 350-24-83 (all regions of the Russian Federation).
If the child is registered with the mother, she must provide the child’s father’s passport (originals and copies). By this he expresses his consent. It’s the same when a child is registered with his father - he must provide a passport to the mother. Passports will be photocopied and returned immediately. Clause 50 of Order of the Ministry of Internal Affairs No. 984 - “When registering at the place of residence of minor citizens from the date of birth until they reach the age of 14, simultaneously with the application for registration at the place of residence, the legal representative submits the following documents: Passports of legal representatives.” Clause 1 Art. 64 of the RF IC - “Parents are the legal representatives of their children.”
I specifically asked the above question to several city Ministries of Internal Affairs. I attach the answers below. You can also download them in PDF format - first and second.
Answers from the Ministry of Internal Affairs
(click on the pictures to enlarge it)
First
Second
The presence of a child under 14 years of age is not required during registration; the application is submitted by the parent with whom he is registered - Art. 28 Civil Code of the Russian Federation. If the child is between 14 and 18 years old, he writes and submits the application himself + the signature is put by the parent with whom he is registered - Art. 26 Civil Code of the Russian Federation.
Instructions
How to register a child through State Services or through the MFC/passport office
general information
Is it possible to register a child for a short period? Is it prescribed this way? Temporary attachment of a minor has become the most common reason for young families to contact the Federal Migration Service.
Temporary registration for a child is a type of registration of a minor at the address of residence. Is it possible to register a minor temporarily?
Not only is it possible, but it is also necessary. The importance of the procedure is steadily growing, and queues at the Federal Migration Service are increasing proportionally.
Previously, parents still challenged the policy of schools that did not want to admit students without registration, but since August 2020 they no longer have this opportunity.
The Supreme Court of Russia recognized the full legality of Order No. 32 of the Ministry of Education and Science dated January 22, 2014, obliging parents to present registration documents for admission to school
Read our articles on how to fill out an application for registration of a minor, how to issue a certificate and obtain a certificate of registration of a child.
Owners or not
Is it possible to register a minor child without parents? Temporary or permanent - it doesn't matter. The age of the child plays a major role in resolving the issue. After a minor receives a passport, he can be registered anywhere.
Some are interested: do they play a role in resolving issues with registration of property rights to housing? Can only owners register children with them? Or is this right given to all citizens?
Registration of minors with their parents is carried out without taking into account the ownership rights to the apartment. This means that even residents without shares in the housing can register their children there. The owner's consent to register a minor with his parents is not required.
That is why it is necessary to be attentive to citizens who are registered in a particular place. They can register children with them at any time without the consent of the property owner. And the law will be completely on the side of the parents.
Reasons for receiving
Why do children need registration for a short period and what are the consequences of its absence?
By law, all Russian citizens who live at an address other than their main one for more than 90 days must have such a registration.
Even moving to a neighboring entrance or house is accompanied by the need for such a procedure. Of course, this rule also applies to children.
If the child is already in school, then there is no urgent need for this. But this does not mean that you can forget about it. You can wait a month or two , but after that you will still have to contact the FMS authorities.
After all, without this, benefits and social payments may not be issued , and free medical care may be denied. In order not to fuss at the last moment, it is still better to register your child in advance.
Why is temporary registration of children dangerous for a homeowner?
Owners are often concerned that by temporarily registering a child in their apartment, they may lose part of the property, but this is not the case; registration for a certain period only gives the right to use the property, but not to dispose of it.
Difficulties with eviction
The period for which a minor child will be registered in a residential area is determined by mutual agreement (clause 10 of Chapter 2 of the Rules 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).
Therefore, the end of the period is a legal basis for eviction . If the child’s parents forcibly interfere with this process, they can contact law enforcement agencies and then file a lawsuit in court.
If a child may find themselves without a roof over their head after eviction, the process may take longer, because the state must take care of the future housing of the minor. In other cases, after the end of the registration period, the child must be sent to the parents’ residence address, therefore, his eviction must take place without negative consequences.
Governing laws
In addition to the already mentioned order of the Ministry of Education and Science No. 32 of January 22, 2014, there are other official documents that stipulate the need for attachment to the address of residence.
Their list is as follows:
- Article 20 of the Civil Code of the Russian Federation (defines the differences between the place of residence and stay);
- Law of the Russian Federation N 5242-1 of June 25, 1993, as amended. dated June 29, 2015 (regulates the general provisions of temporary registration);
- Decree of the Government of the Russian Federation N 713 of July 17, 1995, as amended. dated 03/05/2015 (approves the rules for registration and deregistration during temporary registration);
- Articles 322.2 and 322.3 of the Criminal Code of the Russian Federation (provide for a fine of 100-500 thousand rubles or imprisonment for up to 36 months for fictitious temporary registration; the absence of such registration is not punishable);
- a number of amendments to the Code of Administrative Offenses of the Russian Federation, implying fines for living without an attachment for a short period, as well as for allowing such residence by home owners (fine for renters - 2-5 thousand rubles, for owners - 5-7 thousand rubles).
How to make such a registration for a baby?
Where to contact?
How to register a minor in this case?
This type of registration of a minor is subject to the same general rules that apply to an adult .
What is needed for this procedure? There are no actual differences between age categories.
Where is this procedure performed? The procedure is carried out by the Federal Migration Service (FMS). Citizens of the Russian Federation have the right to contact institutions both at the address of their main residence and their current stay. In simple terms, you need to go to the “passport office” .
Required documents
What documents are needed for this? There are only two main documents:
- an application filled out by the legal representatives of the minor on his behalf;
- identification document.
The identification document is a birth certificate (up to 14 years old) and a passport of a citizen of the Russian Federation (from 14 to 18 years old).
The document must contain a mention of the minor’s citizenship.
This is either a stamp on the back of the birth certificate, or an entry about the son/daughter in the passport of one of the representatives. If the child permanently resides abroad, then you need to provide a foreign passport .
Is it possible to register a child with a grandmother?
The question is often asked whether it is possible to register a child if the parents do not live in the apartment, but the grandmother is registered in it. If at least one of the parents is registered in this house, then the registration of the child occurs in the manner prescribed by law. But if only the grandmother is officially registered in the apartment, then the minor can be registered in two ways:
- Get guardianship for your grandmother
- Register one of the parents at grandma's house
This is important to know: Permanent registration in St. Petersburg
The laws do not stipulate anywhere in what period a child must be registered. However, you should not delay this, otherwise the guardianship authorities will begin to show interest in the parents.
Worth knowing! A child who is not registered anywhere will not be able to register at a children's clinic, he will not be enrolled in a kindergarten, and so on. Therefore, it is worth taking care of this in a timely manner.
Timing and cost
If the documents provided do not raise any doubts, the certificate will be issued within 3 working days.
If the Federal Migration Service needs to verify some information, the process may be delayed.
But the maximum period is 8 working days.
This procedure is free , and there is no need to pay a state fee either. But if a person wants to receive a certificate out of turn, within one day, he can contact various companies.
The cost of such a service depends on the company. In Moscow, for example, an accelerated registration procedure for 6 months costs on average 900 rubles, for 12 months – 1200 rubles, etc.
In addition to the need to pay money, third-party services are associated with certain risks . Therefore, it is better to wait 3 business days and receive your certificate completely free of charge.
Features and nuances
What should you pay attention to? The main thing is the ability to independently perform the procedure for children who have turned 14 .
They need the consent of their legal representatives, but they can go through the procedure themselves. For children who have not yet reached the age of 14, this opportunity is not provided.
If the father and mother live in different cities , then the FMS authorities may refuse to register the minor.
They motivate this by the fact that they need to obtain written consent from the other parent.
If the second one refuses to give his consent, then obtaining temporary registration turns into a judicial process.
After a 90-day period during which the child can safely live at the new address, administrative liability for the lack of temporary registration.
As a rule, it occurs after representatives contact some authorities, and their employees discover that there is no registration. The fine is 2-3 thousand rubles, and in Moscow and St. Petersburg - 3-5 thousand rubles.
Often, mom and dad choose a school in another area of the city. In order for their child to be accepted to study, they are looking for a person who will register the whole family with him for a short period. Of course, in fact the family lives in a completely different area .
If such a scam is discovered, both the family and the owner of the premises are fined. He will be forced to pay up to 5 thousand rubles, and in Moscow and St. Petersburg - up to 7 thousand rubles.
You should not rely on the fact that with fictitious registration you will be able to avoid problems with the law. Primary school teachers always come home to assess living conditions, and the fictitiousness will definitely be discovered.
Registration without parents
How is a child registered without parents? In fact, there are no substantive differences in this case.
guardians or legal representatives can submit an application on his behalf . All they need is to prove the legality of their rights with the appropriate document.
There are other situations when the father and mother are (for example, working) abroad, and the child lives in Russia with his grandmother or other relatives.
If the child is under 14, then the chance to register without the participation of representatives is minimal.
You can try to come to the FMS authorities with your grandmother and a photocopy of the passport of one of the parents , but in this case you have to rely only on the leniency of the FMS workers.
If he is 14 years old, he can obtain such registration without any problems. He will only need the written consent of the parents, which they can write before leaving or, for example, scan and send over the Internet.
The important thing is that written consent has a much higher chance of success than typed consent on a computer.
Find out on our website how issues of registering a child are resolved if the parents are not married, as well as how to register a child with his grandmother.
Where is it prescribed?
It is impossible to register a small child without parents. The exception is cases where a minor has been taken into custody. For example, close relatives. Then they become the legal representatives of the child. And the minor must already be registered with them.
Where to contact regarding registration of citizens? First of all, parents must decide where to register the child - with mom or dad. Next, you need to submit a corresponding request to the authorized body.
Registration in Russia is carried out by:
- Federal Migration Service;
- migration departments of the Ministry of Internal Affairs;
- passport offices;
- MFC (in some regions).
This is where you will need to submit documents for temporary or permanent registration. Many people prefer to contact the Federal Migration Service and passport offices.
