After the birth of a baby, mom and dad have a lot of troubles and questions of the following nature - how to register an heir, what documents are needed to register a newborn child, what institutions to contact and what time frames to expect.
Perhaps, obtaining a baby’s registration initially occupies a key place among other tasks, since only after acquiring it is it possible to obtain a medical policy, obtain SNILS, be placed on a waiting list for kindergarten and other social benefits and services.
How to register a newborn - list of documents
After the birth of a child, it becomes necessary to register him. In order for the entire procedure to go through as quickly as possible, you need to pay special attention to the process of collecting documents for the passport office.
Generally accepted list of required documents:
- Identity card of father and mother.
- Confirmation of the birth of a child.
- The fact of the parents' marriage.
- Application in form 6.
- Document on family composition.
- An extract from the other parent stating that registration was not carried out at his place of residence.
- Agreement that there are no claims to the baby’s registration at this address.
This list is not considered exhaustive and may be supplemented in relation to a specific case.
Please note: in addition to duplicates, you should also provide the authorized institution with originals, against which verification of accuracy is carried out.
How to draw up and write an agreement correctly
An agreement to determine the child’s place of residence is concluded by the parents of common minors or adopted children during or after a divorce in the event that they want to avoid additional litigation.
The preparation of this document is based solely on the goodwill of the spouses and the legitimate interests of the children. Therefore, before you start writing it, you should consider that:
- The mother has no advantage by default - the minor’s place of residence can also be determined with the father.
- It will be better for a small child (especially an infant) to stay with his mother.
- If possible, you should not separate siblings (it is better to leave them with one parent).
- The material income of the parent living together should be enough to cover at least half of the costs of maintaining the child.
- It is important to consider the comfort and safety of children, as well as the amount of free time that the father or mother is willing to spend on raising and caring for them.
- The selected parent must have sufficient health, moral and ethical qualities (not suffer from alcoholism, drug addiction, or be characterized by immoral behavior).
Form
An agreement to determine the place of permanent residence of a minor does not require notarization by law. The parties can conclude it independently, without the participation of third parties.
In doing so, they need to know the following:
- The document is presented in writing, in two copies.
- You can write it by hand or using technical writing tools (PC).
- Each copy of the agreement must be signed by both parties.
If desired, spouses can contact a notary to certify the document. But this circumstance will not have any special significance, and the legal force of the agreement in any case will be inferior to a similar court decision.
Contents, composition
It is important to specify the following in the agreement:
- Input data - full name, residential address of the parties, place and time of preparation.
- The subject of the agreement is the main purpose of its preparation and an indication of who exactly the minor will live with.
- The procedure for exercising parental rights (optional) - a schedule of communication with a parent living separately.
- Rights and obligations of the parties - it is necessary to write about the intention of the former spouses to adhere to this agreement and promptly notify the parent living separately about a change in the child’s place of residence or the occurrence of unforeseen circumstances that impede their time together.
- Duration of provisions , exceptions, additional conditions - the circumstances under which mandatory clauses of the contract may be changed or temporarily not fulfilled are listed, and other important notes for the parties are indicated.
At the bottom of the document, the signatures of the parties are affixed, addresses and contact information are indicated.
What else is needed to register a newborn child?
After collecting the paperwork, you should go to the passport office. The application is recorded here on a separate form.
The application is filled out on behalf of the spouse with whom the baby will subsequently be registered. The previously collected documents are attached to it.
When registering for an apartment, an extract from the house register will be sufficient, but for a private house, you must also provide this book.
It is worth noting: if the registration is made at the mother’s place of residence, then permission from the father is not necessary. However, when registering the father's property, the mother's consent to this action will be required.
All necessary documentation is submitted at once, and the staff verifies their authenticity. The prescriber's passport and the child's birth certificate remain at the branch. Once the service is ready, the original documents will be returned.
Features and nuances
There are many subtleties in this issue. Application forms and documents may vary. Firstly, a minor can be registered either temporarily or permanently
.
In addition, the owner of the housing where children are registered can be either one of his parents or another person. They can live together or separately, are married or divorced
. All these situations can affect the package of documents required for registration of a minor.
Children under 14 years of age can be registered where their mother or father permanently resides .
If the owner is another person, his consent is not required (more details in our article).
Registration of a minor is a rather painstaking process that requires compliance with a large number of nuances .
However, if you understand all the intricacies, this procedure can take a minimum of time and effort!
Application for registration of a child from the mother sample
Please tell me what is needed in order to register the baby with the father. Or provide a link where this is written in detail
. Otherwise, I’m completely confused about what documents are needed and where to go first. Thank you in advance.
Where can a baby be registered legally?
According to current legislation, it is allowed to place the baby at the place of residence or registration of the mother or father, and after the child reaches 14 years of age - separately from the legal representatives.
It often happens that the baby is born to a woman who is not married, or by the time the baby is born, the parents are already divorced, or the alleged father does not recognize his paternity.
In such situations, registration is carried out exclusively at the mother’s place of registration. What documents do you need in this case? The following must be attached to the application:
- paper confirming the fact of the birth of the child;
- identification;
- proof of home ownership. If the residential premises belong to the municipality, then a social tenancy agreement;
- an extract from the brownie or the document itself.
There may be a situation where a new parent only has registration or permanent residence with relatives, but is not the owner of the property. What to do in this case and is it possible to register a child in the owner’s apartment? The outcome of the case will be positive.
Please note: when registering a newborn at the mother’s place of residence, the consent of the owner of the premises is not required.
If the parents are not married, but the child’s father recognizes his paternity, then it is possible to register the baby with him too. Then the parents need to come to the branch of the passport office or to the MFC together, write a statement to dad and an agreement from mom. They provide the documents to the MFC, receive a receipt, and in about a week the result will be ready.
Without the owner's consent
According to the law, a child under 14 years of age cannot live alone, in particular without a mother. However, she does not have to have her own property. Registration at one or another address is sufficient, which will already be a serious basis for registering a minor.
Neither the owner of the property nor the residents of the premises have any right to prevent the temporary or permanent registration of minor children. This is stated in paragraphs 113-117 of Order of the Federal Migration Service of Russia dated September 11, 2012 N 288.
Therefore, the requirement of the FMS employee to provide written consent from the owner of the premises is illegal.
Reference! Any violations of laws by registration authorities are considered by higher authorities or in court.
If the owner does not want to register children in his home, he faces an administrative fine of 1 thousand rubles for a citizen of the Russian Federation living without registration.
How to fill out an application for registration of a child from the father/mother/guardian - sample
The application is recorded on a special form and there are no peculiarities of writing from different persons, be it mother, father or guardian.
Download the application form for registration of a child at the place of residence using Form 6.
The form contains the following information:
- Indication of the authority to which the appeal is submitted.
- Adult's passport details.
- Prospective residence address.
- Grounds for providing housing.
- Date and signature.
The application must be written either by hand or on a computer. This can be done at a branch of the passport office, MFC or without leaving home, on the State Services portal.
Where to register a newborn in Moscow
Parents can register their child either in person at the MFC or via the Internet on the State Services portal, and it is also possible to carry out the procedure for residents of the capital on the website www.mos.ru.
Registration of a newborn child in Moscow takes place in several stages:
- Parents receive a birth certificate, the very first and most important document of the baby.
- Registration of a child at the place of residence. If parents live together, you need to collect the following documentation - application, birth certificate, parents' identity cards, extract from the house register, fact of marriage.
- If spouses live separately, you will need a certificate stating that the child was not registered with the second parent.
In addition to these actions, you will need to register the baby as a citizen of the Russian Federation. To do this, you must contact the Federal Migration Service in your area, provide passports and the fact of the birth of the child.
A stamp is affixed to the back of the certificate, which is considered a mark of Russian citizenship. From this moment on, the baby is under the protection of the state as its citizen.
Legal blog
Consent to the registration of a minor. Parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents. The place of residence of children in the event of separation of parents is established by agreement of the parents. In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children. In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development (occupation, work schedule of the parents , financial and marital status of parents, etc.).
At the request of the parents (one of them) in the manner established by civil procedural legislation, the court, with the obligatory participation of the guardianship and trusteeship authority, has the right to determine the place of residence of the children for the period before the court decision to determine their place of residence enters into legal force.
In accordance with the provisions of Law No. 5242-1, minor citizens must have a residence permit. Parents are responsible for meeting this requirement.
For late registration of persons under 14 years of age, their parents are punished with a fine of several thousand rubles (Article 19.15 of the Administrative Code).
Article 19.15. 1. The Code of the Russian Federation on Administrative Offenses states that the residence of a citizen of the Russian Federation at the place of stay or place of residence in residential premises without registration, or the allowance of such residence by the tenant or owner of this residential premises beyond the time limits established by law, entails the imposition of an administrative fine on citizens in the amount from several thousand rubles to several hundred thousand rubles.
The child must be registered with one of the parents (Article 20 of the Civil Code of the Russian Federation, Article 65 of the RF IC).
