How to make a child on the surname of the Father. Child registration questions if parents are not married or are divorced. Birth of a child in civil marriage

Have you gave birth to a child in a civil marriage, preferring not to register your relationship? The father of the kid recognizes his own, but in his life plans do not include matrimonial procedures? Or, for example, did you choose homework?

How does Russian legislation determine the procedure of the child in these cases?

For a start, a small legal library: Article 58 of the Family Code defines the following child's rights related to registration:

1. The child has the right to the name, patronymic and surname.
2. The name of the child is given by the agreement of the parents, the middle name is assigned by the name of the Father, unless otherwise provided by the laws of the constituent entities or not based on the national custom.
3. In the absence of an agreement between parents regarding the name and (or) surname of the child, the disagreements arising from the body of guardianship.
4. If paternity is not established, the name of the child is given at the instructions of the mother, the middle name is assigned by the name of the person recorded as a child's father (paragraph 3 of Article 51 of this Code), the name - by the family of the mother.

By the way, if the name you ordered your baby will not like it (it happens!), He can safely change the name and even last name:

What documents confirm registration?

1. Exchange card issued in consultation filled in maternity hospital or
2. A document issued by any other medical organization where childbirth occurred, or a private doctor or
3. Application to the registry office Written or oral from any "person inherent in childbirth outside the medical organization." If the witness cannot appear in the registry office itself, its signature can be certified in an organization where he or she learns or works. This statement can be brought to both personally and the provisions of the latest communications: Mail, Fax ...
4. Documents certifying the identity of the parent or applicant (passport or sailor passport)
5. If marriage is registered, it will take a marriage certificate.

If not one of the above documents, the registration is carried out in court.

Child registration place

You can register crocha at the place of birth or at the place of residence of one of the parents. It is also extreme situations: if you do not obey the doctors, went into the world tour on the steamer, the plane and God knows something else, then register a cage or by The place of residence, or in any registry office on the march of your following (my boss, for example, gave birth to a daughter in America, giving it a double citizenship). For polar kids and future scuba diversion, registration at the place of registration of parents.

Now let's turn to the situation when baby born at home. Intrush the home newborn registration procedure was very difficult and reminded to a detective investigation, who had a mother who had to have taken, sometimes had to deal with the police, proving that you were the most that there were no parents. But since domestic birth has become more, modern Russian legislation has entered the Family Code to register such a child: the origin of the mother (motherhood) is established by the civil status entry authority on the basis of documents confirming the birth of a child's child in a medical institution, and in the case of a child's birth medical institution supporting medical documents, testimony or on the basis of other evidence. That is, the midwife or the father itself may be the only witness to the miracle of the miracle, that the state has entered its lists of a new member of society ... And if they look at you with big eyes, feel free to the law.

If the parents diverged, then after 300 and less days after a divorce, paternity will be recognized. There are tragic situations: Father (no matter whether you have been painted or not), dies. In a registered marriage, the paternity recognition procedure is easier than in cases of unregistered relations: "Since the death of a child's mother's wife, the father of the child is recognized by the mother's wife, if it has not been proven (see Article 52 of the Family Code). Mother of the Child's Mother's wife certified about their marriage" .

In the event of the death of a man who did not consist in marriage with his mother, but recognized himself as a father, is established in court. Sometimes it is necessary to solve some material problems, get alimony from relatives, to get the inheritance, solve housing disputes. However, this procedure is complicated by the fact that the father in life had to show interest in the child, take care of him. The court requires evidence of this recognition - letters, accounting receipts, statements at work, etc.

Himea bonds will power? But the general child will have a middle name on the basis of a joint statement to the authority of records of civil status acts (the reduction of the registry office for some reason causes foreigners who study the Russian language of delight!) If the submission of a joint statement of paternity after the child's birth can be impossible or difficult, parents A future child who is not among themselves in marriage, then a couple is to have a statement during pregnancy. An entry on parents is made after the birth of a child.

If the negligent dad disappeared from sight, then the kid registration is carried out on the basis of a mother's statement. The surname is recorded by her, and patronymic and name for its instructions. Moreover, the father's information is made exclusively at the request of Mom.

In the event of the death of the mother or recognition of its incapable, inability to establish the place of finding a mother or, in case of depriving her parental rights, the baby is registered at the request of the child's father with the consent of the guardianship and guardianship authority, in the absence of such an agreement - by court decision.

It happens that the pair cannot have children and agree to the implantation of their embryo another woman, a surrogate mother. In order for the baby to register, you need a document confirming the consent of the surrogate mother to recording spouses by the parents of the child.

Full Name?

What is your name.
AND YOU!
Me Petya, and you?
AND YOU!

Old joke

As a rule, parents are rapidly determined with the surname of the baby, but if the differences arose, then the surname will be given by the instructions of the guardianship and guardianship authority. So, dear dads and moms, negotiate yourself!

The name of the baby should also obtain with the full consent of the parents. The feet is established in court at the request of one of the parents, guardian (trustee) of the child or according to a person, on the dependency of which a child is located, as well as on the application of the child himself upon reaching the age of majority. At the same time, the Court takes into account any evidence, with reliability confirming the origin of a child from a particular face. The national traditions sometimes dictate the rules for the names of the names of the name. Bul Bul Ogly Ivanovich would not be very harmonious, is not it? Therefore, the Code takes into account this situation, and contains the wording: "Patronymic is written by the name of the Father, unless otherwise founded on the national custom." His the law of peoples and ethnic groups

The very first document

When all formalities are fulfilled, all disputes around the name and surname of your norinal miracle are solved, you are solemnly given a document: a birth certificate, which contains information: surname, name, patronymic, date and place of birth of the baby, full of parents or one of the parents, It contains the date of drawing up and the record number of the Birth Act, the place of state registration and the date of issuance of the birth certificate. The nationality of parents is indicated optionally, i.e. If the parent is desired. Therefore, the invaluable document under 14 will be a certificate of your child's identity, it will be useful when customs customs, in any journeys, when receiving an insurance policy and a passport entry. Yes, and do not forget to get money from your native state for the birth of a child. To do this, you will need a birth certificate issued in the registry office. Payment is 1,500 rubles. Not so little ... Pleasant growing and smaller clashes with the law!

1. At a joint request of the parents before reaching the child of the age of fourteen, the guardianship body and guardianship based on the interests of the child are entitled to resolve the name of the child, as well as change the name of the last name of another parent.
2. If parents live separately and the parent, with whom the child lives, wishes to assign him his last name, the guardianship and guardianship authority allows this question depending on the interests of the child and taking into account the opinion of another parent. The opinion of the opinion of the parent is not required if it is impossible to establish its location, deprivation of its parental rights, recognition is incapable, as well as in cases of parental avoidance without good reasons for the education and maintenance of the child.
3. If a child is born of not married among themselves, and paternity in a legitimate manner has not been established, the guardianship body and guardianship on the basis of the interests of the child are entitled to resolve him to change his surname on the name of the mother, which she is wearing at the time of treatment such as a request.
4. Changing the name and / or surname of a child who has reached the age of ten years can be made only with his consent.

The newborn child must be registered in the registry office, despite any vital difficulties, often emerging from their parents. It is in this state institution that the baby receives the first document in his life - a birth certificate. This document is drawn up on the stamp paper, has a unique number, series and wrapped in print. Registration of a child is made in the registry office for thirty calendar days from the date of its appearance. In special cases, the registration of a child can be carried out later, but this will already be another legal procedure.

The rules for registration of a newborn in the registry office parents who are not in official marriage are painted and consolidated by law.

In this case, 2 possible options should be considered:

1. A man recognizes her fatherhood.
2. A man is absent or does not recognize his paternity.

How to issue a child in the registry, if parents are not painted - instruction and list of documents

If a man recognizes himself as a father, both parents should appear in the registry office. In the state institution, paternity is initially established, after which the corresponding legal document is issued. A certificate of paternity is issued to a man who confirmed his paternity. Fatherhood is recognized as a statement (jointly) mother and father. No genetic confirmations are required in this case. Based on this document, the child's birth certificate is issued.

To obtain certificate, parents must submit the following documents to the registry office:

• Medical certificate from the maternity hospital.
• Parent passports.
• An application for issuing this document, completed according to a certain form. Application blank (according to the approved form) can be obtained directly in the registry office itself. And also can be downloaded on the Internet and fill out at home. No duties upon receipt of the certificate is charged. A certain amount of money is charged with parents only in case of a loss of a document or, if necessary, making any changes to it.

How old can you make a certificate of birth of a child?

Certificate of birth is an official document that is a kind of analogue of a children's passport. In the people, this document is often called "metric". The maximum age of receiving the metric is the age of fourteen years. However, without the presence of this document, this document is impossible or extremely difficult:

- Get a medical insurance policy for a child.

- Use maternity capital.

The main place to obtain a birth certificate is the registry office. However, today the metric on the child can be obtained through MFC or use the services of the Gosvous portal.

If one of the parents for any reason does not have the opportunity to attend the registry office when submitting an application, it can prepare this document in advance and assure it notarially. An application for paternity can be submitted in advance during the pregnancy period.

Upon receipt of the child's birth certificate, parents need to thoroughly check the correctness of the completion of all graph in the document. In the future, for any corrections in the testimony from parents a duty is charged.

When registering an extramarital child, compulsory procedures are: recognition and adoption procedures. As a rule, they are carried out within 30 days after delivery, namely, when making a child's birth certificate. Father's data to the certificate is recorded with its consent.

In the registry office, after passing the procedure for recognizing a child, the parents are issued a certificate of recognition of paternity and the birth certificate. From a legal point of view, the Father cannot be considered officially recognized without passing the adoption procedure.

The rights of a child born in civil marriage

Russian family legislation does not limit the rights of the child whose parents are not in an official marriage. The kid born in the so-called civil marriage automatically gets the same rights as the child born in legitimate marriage. For obvious reasons, civilian spouses who are not officially married have different surnames. A child may be assigned a surname - both mother and father. Choosing a surname for a child occurs by mutual agreement.

The rights of minor children are enshrined by law. You can familiarize yourself with them in the eleventh chapter of the Family Code.

The rights of a child born out of marriage include:

• Ability to communicate with both parents.
• Protection and upbringing from both biological parents.
• Ensuring content from both parents. Juvenile extramarital children may apply for alimony. An alimony is prescribed extramarital children after the recognition of paternity. The biological father can voluntarily agree on the recognition of paternity. However, as a rule, this issue has to be solved in court. Very often, for the recognition of paternity, it is necessary to carry out DNA expertise.
• Getting the inheritance from both legal representatives. Children born out of official marriage have equal rights with other heirs of a biological parent.

Immediately I would like to note that the parents of extramarital children have exactly the same rights as the parents of children born in official marriage. Namely, they may require a child to pay for alimony in old age or with the loss of working-capacity.

Russian legislation equalizes the rights of extramarital children and children born in marriage. However, as practice shows, in real life, extramarital children are more often faced with all sorts of legal problems and difficulties. Recognition of a child in court Father automatically places responsibility for its upbringing. In this case, a woman loses the status and benefits of the "single mother". And the "virtual" fathers are often "harmful" and do not give mothers the necessary references and permissions. For example, they may prevent the child's departure to rest abroad. Therefore, many women prefer not to go to court and educate their child in the status of "mother-loner".

How to register a child who did not recognize the Father

If, when registering a child, the father is absent, then all the data relating to his personality is filled with the words of the mother. In this case, a woman can specify any name and patronymic of the Father. Even those who have never wore a "biological father" of a child. This graph can not be filled, but simply put a dashboard. At the request of the mother, in the recording of the child's birth of the child, the data of the Father (in accordance with the current legislation) may not be made (the Law of 15.11.1997 N 143-FZ). Without the permission of the Father, it is impossible to make its data in the testimony. The child's mother can apply to the court to establish paternity. In the child's birth certificate, in this case, Mom's surname is indicated.

To register a child, mother should present:

• Help from the hospital.
• Your passport.
• Application for issuing a document.

A child with an unspecified paternity remains with his mother and carries her surname. Any questions related to disagreements in the issues of the surname and the patronymic of the child are permitted in the bodies of guardianship and guardianship.

• The presumption of paternity states that the newborn in accordance with the law is recorded on the surname of the husband or the former husband (if three hundred days passed from the moment of death or from the moment of divorce).
• If the mother, being in a legitimate marriage, gave birth to a child from another man, his legal husband fits in the birth certificate, and not a biological father of the child.
• Husband, not being a biological father, can file a lawsuit for heading. Mother must admit this claim. If necessary, the Court may appoint a genetic examination, on the basis of the results of which will be established by paternity.
• If paternity is not established, the registration of the child is carried out by one mother. To make information about the father to the document without its consent impossible! In this case, the child is assigned the surname of matter, and the name and patronymic is determined by her desire. For a woman, the right to appeal to court to establish paternity.

More detailed information on state registration of birth can be found in the Federal Law of the Federal Law No. 143.

According to statistics, many couples in recent years refuse to register their relations at the official level, motivating that the differences in the presence and absence of a stamp in the passport. But civil marriage does not guarantee any rights to the parties while the fact of cohabitation imposes certain responsibilities on them. Some difficulties may occur when registering a newborn. The question of whether the father is possible to give a child to the child if marriage is not registered.

The definition of the initials of the newborn is a relevant issue for those couples that did not conclude their marriage and are officially considered to the cohabitants. So the surname of born in an incomplete family will be recorded depending on whether there are any information about his father. Here are two options:

1. There is no information about the blood parent. Here the name of the child depends on the decision of the mother: the surname can correspond to the maternal, and the name and patronymic woman can choose at its discretion.
2. Father newborn installed. So, patronymic can be recorded by the name of the parent, and the surname is at the request of the mother.

In the second case, it will be necessary to go through the process of establishing paternity. It is important to take into account that this is not the official adoption of the offspring. Subject to the mutual consent of partners, you can enter the following ways:

1. Install paternity before the birth of the heir. For this, the couple must come to the registry office with documents and make an appropriate statement.
2. Place the paper, establishing the identity of the Father, after the birth of the son / daughter. Citizens are obliged to visit the authority together, where the father should write a statement on recognizing the newborn his.

Install the child is recorded on whose surname if the parents are not painted, it will be more difficult when the mother is officially recognized as incapacitated or died during childbirth. In this case, a person who wants to take care of the guardian must collect a sufficient evidence base that there is a blood or related link between him and children. If the argument provided is a weight, the process will be successful.

The legislative framework

This situation is regulated by the Federal Law "On Acts of Civil Status" from 1997. The draft law is based on the provisions of civil and family codes. So, the registration procedure is based on the following requirements:

1. Article No. 16. The procedure for submitting an appeal to the registry office is described in detail with a request to compile an act of recording a newborn. The item regulates the monthly period from the moment of birth to issue your application. You can apply a document in oral or writing on behalf of the parents or an authorized representative.
2. Article No. 17. The procedure for making registration data to the act is indicated. It describes the algorithm of actions, if the pair issued the relationship officially, acts by the cohabitants, the marriage was terminated through the court instance, or one of his parents died.
3. Article No. 18. Regulates the procedure for the recording of the FULL NAMEMENT directly. Cases are considered when there is an agreement between the parents on the chosen name of the newborn.

According to this law, if the couple decided not to sign, then at the request of the mother, the father's information may not be indicated in the born act. Patronymic in this case is written by its instructions.

Assignment of the Name Minor: order

The newborn name assignment process is regulated by the Family Code of the Russian Federation. Under the "name", you should also understand the name and patronymic, and not just a name itself. Article No. 58 of the RF IC defines such moments:

The chosen initials of the newborn fit into two documents: a birth certificate and an assembly record in the registry office. Certificate can be obtained on the hands of a not previously established period. Employees of the registration authority may offer a pair to specify them to simplify the process of recording the child.

Establishing paternity through the judicial instance

The definition of the fact of paternity through the court is the procedure that is necessary if the pair does not consist in officially executed relations and does not plan to sign in the near future, and the citizen has not filed an application to the registry office that he wants to be recorded as a father. In such a business, any of the parties may apply for the appointment of forensic genetic examination. The algorithm of actions to launch the procedure for consideration of the case in court begins with the collection of a package of documents, the list of which is listed in Article 132 of the Civil Procedure Code. The plaintiff is obliged to provide:

1. Directly a statement, where the desire to establish related links with newborns is expressed.
2. Receipt of the payment of state duty (its amount is about 200 rubles).
3. Certificate of registration of a newborn (original or copy, certified notarized).
4. The evidence base of the remedication of the defendant and the child. A written testimony of witnesses, personal correspondence, receipts about monetary translations, photos where the defendant and the offspring together can be presented as arguments.

Be sure to have copies of all collected documents. The plaintiff must provide their side of protection. The prepared evidence base can be played a key role in making a verdict, because it is at its basis that a decision will be made if the defendant refuses to give his consent to the passage of genetic examination.

The mother of a minor or her official representative possesses the right to file the claim. The child may also apply, but only to achieve their majority. If the court will be established by the fact of the defendant's paternity, the registry offices make the appropriate entry on the basis of the decision. The participation of the Pope itself is not required.

The procedure for assigning a father's surname to the child without registration of marriage

Small disagreements in the matter of assigning a name and surname to a child between his parents can be solved by guardianship bodies. Such powers are governed by paragraph 4, Art. 58 of the RF IC. When the couple reached mutual agreement, the actions algorithm will be as follows:

1. To register a child in the registry office, you must provide a medical certificate of the baby's birth, which is the main basis for recording a newborn, statement. In cases where marriage is not officially decorated, the latter is made up on behalf of the mother. It indicates the initials of the extramarital child, as well as information on the introduction of information about the father.
2. Drawing up a joint statement about the establishment of paternity. To do this, both must come to the registry office and fill the standard form. If one of the parties cannot be present personally, the appeal is served on behalf of each of the parents.

The missing document must be notarized.

If for any reason the pair believes that the joint application will be impossible after delivery, one can make a preliminary petition in the registry office during pregnancy.

Thus, in the presence of a father or his representative, by mutual agreement of the parties can be given to a child the surname of the Father, if marriage is not registered between citizens. The registration authority is chosen by informal spouses at their place of residence or at the location of the Roadoma, which is regulated by Article 15 of the Federal Law No. 143.

Changes in the Family Code in 2018

In 2018, a new bill may be adopted, establishing the concept of "actual marriage relationship", which is permissible to apply to persons serving in civil marriage. According to the law asked for consideration, such status can receive relationships that last more than 5 years, or if a couple living together for more than 2 years have a common child.

The fact that civil marriage can equate to official marriage has certain consequences in the field of legal relations on family and civil law: the responsibility and obligations of the parties can be the same as in a registered marriage.

Such an initiative is based on the fact that the state should protect both citizens who did not register their relations officially. And how shows statistics from the registry office, there are now a considerable amount. In the event of a bill, the change will also affect the procedure for registration of the child's family name at birth out of marriage.

In 2017, some changes were also adopted concerning the name of the child's family. So, the newborn can be recorded with the dual surname of the mother and father. Previously, this was possible only if one of the parents already have.

Many representatives living in civil marriage want to leave the status of a single mother, which makes it possible to obtain certain subsidies from the state. But if a woman wants to give an extramarital child Father's name, and he does not oppose this, the initial initial procedure will be simple.

In the modern world, the birth of a child in a formal unregistered marriage is not considered to be rare. Such a marriage has no legal force and call spouses only to the cohabitants.

In the people, such an alliance is known as civil marriage. Since this is a fairly common phenomenon, does not lose the urgency, whether it is possible to record a child on the surname of the Father, if marriage is not registered.

After all, the fate of the child and his material well-being may depend on this. Parents' relationships are famous in different ways and fathers are not always conscientious about the fulfillment of their duties regarding children.

Any child since its birth acquires the name of the name and middle name, it is enshrined both by international and Russian legislation.

The child gets the child by agreement of the parents or one of them. If it does not comply with the norms of the law, the registry office may refuse.

If the child has a father, he gets middle name according to his name, it cannot be selected by his parents. The surname also can not be assigned any, it is determined by the data of the spouses.

The question of which will be the name in a child, if parents have different surnames, most often occurs when the relationship of mother and father is not officially registered. In this case, there should be a relatively requirements of legislation.

The surname is given to the child when making a record about his birth in the registry office. After that, a birth certificate is issued, where this information is indicated.

If the legislation of the subject does not provide for another order of obtaining the name, then the baby gives the name or mom or dad.

It is worth paying attention to that in 2017, changes were made to the Family Code of the Russian Federation. In this connection, the child can get a double surname, which consists of the names of both parents. Surnames can be attached in any order by hyphen.

Before making changes, the child could receive a double surname only under the condition that she was at one of the parents.

In the case of using a double surname, it is forbidden to use different order of accession in the formation of the surname of the native brothers and sisters.

Sometimes it happens that the Father and Mother cannot independently reach the consent of the child's name and surname. Then the dispute is allowed guardianship authorities.

In his decision, they must be guided by the interests of a minor and take into account different factors, including the fraudulent of these data.

If the newborn remained without parents, the name and name will give him legal representatives in general.

In the modern world, people are not in a hurry to officially register their relationship and often give birth in children in such a union. At the same time, the question inevitably arises whether it is possible to give the father's surname if we are not painted.

The legislation that is valid in 2020 allows you to solve such a problem.

If at the time of the birth of the baby, mom and dad did not register their relationship, the child can give the name of one of them.

To make an entry on father, paternity should be recognized officially. For this, the father must write a corresponding statement. In the absence of registration of relations, the parent is not required to undergo adoption procedure.

Father's surname can be assigned to a child on the basis of a written statement on the recognition of paternity. At the same time, the mother must confirm his consent.

If a man does not wish to recognize his fatherhood, an entry record may be made by a court decision. Thus, the child can give the surname of the Father, if marriage is not registered.

In the case when at the time of the issuance of a birth certificate, paternity was not established, the baby will receive her mother's name. After establishing paternity in court, it can be changed.

At the birth of a child out of marriage, it is important to take into account that if the parent recognizes the child with his own, his presence upon receipt of the birth certificate is mandatory.

Since he must write a statement statement. Otherwise, the fact of the presence of the father in the child will not be confirmed and the child will receive the last name Mom.

Father's surname at the birth of a child out of marriage is assigned only with his consent and recognition of paternity. If the parent does not want to recognize the fact of kin with the baby, this can be done during the trial.

Registration of related communication leads to the emergence of certain rights and obligations.

In a situation where the father of the newborn dies or parents are divorced, the child can get the surname of the Father, if no more than 300 days have passed since death or divorce.

During this time, paternity is recognized automatically and can only be canceled by the court. The surname may change if paternity disputes in court and the claimant's requirements will be satisfied.

A single mother has the right to give a child their surname.. The name and patronymic child also receives at the discretion of the mother.

The laws of Russia provides for the possibility of changing the child's surname to 14 years. This can be done only with the permission of parents and guardianship.

The cessation of marriage or recognition of it is invalid - this is not a reason for changing the surname of the child.

To do this, both parents must give their agreement, as well as if the child is 10 years old, it will also be consent, but also the permission of the guardianship bodies.

Changing the child's data without the consent of the second parent is possible if:

With a statement about changing the name and patronymic, you need to contact the registry office at the place of residence of the child.

A birth certificate should be applied to the application, a document on the establishment of paternity, conclusion or termination of marriage, as well as documents that justify the need and the possibility of changing the name and patronymic.

Upon reaching a child for 14 years, he can change its data on his application. In addition, the surname of the child can be changed when it is adopting.

The court establishes the adoption of the child and changing its data. New data is made to the registration entry on the basis of a court decision.

After that, it is possible to change the surname or name only by having received the resolution of the custody and guardianship organs.

If a child and mother have different surnames, difficulties may arise after a divorce or death of the father. First of all, problems will be associated with the evidence of a relative communication.

To avoid this, you need to enter information about the newborn in the mother's passport in the "Children" columns. You can do this in the passport desk, presenting a child's birth certificate.

Difficulties may occur when contacting various instances. Therefore, you should have a complete package of documents, which confirms the change of the name of the mother and the fact of a relative communication with the child.

The confirmation requires such documents:

1. The child's birth document.
2. Document on divorce with a mark on changing the surname of the mother.
3. A marriage document, if mom again married and changed its data.
4. A marriage certificate obtained in the registry office, which confirms the presence of marriage relations in the past.

In the case of different last names of the mother and the child, there may be problems with the departure with minors abroad. In such a situation, the documents should also be carried out, which confirm the presence of kinship.

To avoid additional difficulties, you need to have the official translation of the child's birth certificate. You can make it in the consulate of the country, which is planned to be visited.

Thus, if parents have different surnames, then the child can get surname or mom or dad. If at the time of birth, the child's mother and dad are not in an officially registered marriage, then the newborn can give the surname of the Father.

For this, the dad should write a statement statement, on the basis of what information about it will be included in the birth document.

If the parent does not recognize his paternity, this can be done in court, in this case, the child can also get the name of Pope.

Currently, the birth of a child outside the officially registered marriage is the usual everyday situation. Despite the lack of stamps in passports at the parents, after discharge from the maternity hospital, the baby needs documents, like any citizen. The law allows you to register and protect the rights of a child born by parents outside of marriage, in almost any situation.

How to register a child if parents are not married?

You can register a newborn in the statement of the mother. If it is not married, then in the column "Father" its surname is indicated, and patronymic is at will. In the absence of data on the second parent, the certificate will stand a fiber.

According to Part 3 of Art. 48 of the RF IC, the paternity of the person with whom the mother is not married is indicated on the basis of the joint statement of the parents in the presence of a man. Taking into account the variety of life situations, a mechanism for making an entry record is provided if the mother died, recognized as incapable, its location, etc.

You can issue a birth certificate with a paternity record even years later, if the mother turns to the registry office together with the father of the child.

Applying a statement together with a civil spouse

If a child is born in a civil marriage, both parents to record a newborn, during the first month of life the following documents are imposed in the registry office:

• birth application (compiled by the mother or its trusted person);
• application for paternity (compiled together).

In a joint statement, civilian spouses may indicate which surname wish to assign newborns. The main thing is that a man recognizes the child with his own. If there are problems with the choice of the child's name (for example, the desired name is not in the private registry office of the registry office) to assign an unusual name to the authority of the guardianship and guardianship to the place of residence.

Unlike the registration of birth, paternity establishment is not limited to specific terms. This procedure can be made later than the monthly period through the registry office or in court.

In the presence of ready-made applications, the mother and father with passports and receipts on the payment of state duty for registration of paternity are referred to the registry office. In the event of amendments to the previously issued certificate of birth and issuing a new document, the state duty is paid for these action.

A paternity statement may be submitted during the pregnancy of a woman. The law allows this if there are sufficient fears that after the birth of a child it will be impossible or difficult (for example, in the case of arrest).

Currently, registration is practiced through the public service website. The applicant or his trustee contributes to the dance details of documents on the list. The system processes all data on the application and sends requests to government structures to verify information and registration. At the appointed time you need to visit the registry office to put the necessary signatures and pick up the finished documents.

An officially registered citizen of Russia has the right to qualify inheritance, including father and other relatives. Thanks to the recognition of the child by the Father, his parents are becoming a grandparents with relevant rights: to see him, take part in education, development, content, etc.

Submitting a claim on the initiative of the Father

In case of refusal of the mother, the paternity of a newborn child is officially recognized, Russian law provides for the possibility of establishing this fact at the request of a man. According to the Family Code of the Russian Federation, each child has a father and mother who are responsible for its development and raising equally. In case of disagreements between them, paternity can be established in court at the statement of the Father.

Today, the question of determining paternity is solved not only on the basis of testimony of third parties that confirmed the availability of relations between the plaintiff and the defendant, but also according to the results of the genetic examination. The petition for the examination is filed with the plaintiff.

Official registration of marriage

The traditional and easiest way to register a child is to do it after the official marriage of parents. Couples that are aware of all responsibility and in force in the interests of children bonded their relationship in accordance with the law. The stamp in the passport of parents gives a small citizen financial and property guarantees in cases of divorce or death of one of the parents.

The status of officially recognized and born in marriage is of great importance in a person's life. If there is a stamp in the passport, the surname of the dad to the child will be automatically given.

The procedure for assigning the surname to a child if parents are not married

The child was born, and for his registration in the absence of a marriage stamp, both parents go to the registry office (see also :). If they are not painted, in order to give a child the surname of the Father, we need:

1. passports of both civilian spouses;
2. certificates from the hospital;
3. joint application for the recognition of paternity.

According to the joint decision of parents, the child and after the establishment of paternity can be the name of the mother. With the introduction of genetic examinations, the process of assigning the appropriate blood name has been much simplified. The establishment of kinship is possible without genetic analyzes, including in an adult age.

Should the blood parents adopt a native child?

Adoption is a form of family education of children left without parental care. Live blood dad, who wants to fulfill parental responsibilities, must recognize the fact of kinship. If the birth certificate was issued in the absence of a blood parent, and in the column "Father" there is a surname of a mother or dash, then the assignment of the surname of Pope is a mechanical question. Both civilian spouses need to contact the registry office.

If the mother of the child objects to the assignment of the Father's name, then the man will judge from their rights. The blood child is not needed to adopt, it is enough to recognize the fact of kinship with him. In this case, a man is a claim for the establishment of paternity to court.