Does the father have the right to receive maternity capital. Can a father receive maternity capital for a child, what are the conditions and procedure for issuing a certificate? Children from different mothers

For the past 10 years, a state support program has been operating on the territory of the Russian Federation, which is a type of social, material assistance to families that provide for more children, regardless of whether a second and subsequent child is born in marriage or.

In view of recent changes in legislation in this area, now a single father who has a second child in his upbringing can count on receiving state support under certain conditions. In order to correctly draw up documents and receive social assistance, it is necessary to go through the procedure established by law.

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There is a positive upward trend in indexing the size of the certificate.

In what cases should

Any legal relationship in a legal state is regulated by laws and other by-laws. Is a man eligible to receive government assistance?

It is possible for a single father to receive maternity capital in two cases:

In the first case, the applicant's father can count on receiving a certificate if he is a citizen of the Russian Federation and is considered by law to be the only parent or adoptive parent of the child, while the applicant for social assistance must have an official document containing information that he is the legal father.
In the second - in case of loss by the mother of the right to receive a mother's certificate. The right to receive social assistance passes to the father automatically, regardless of citizenship.

Design details

In order to apply for social assistance, you must apply to the pension fund. It is in his competence that the powers to formalize the relevant ones are legislatively enshrined. Moreover, it is necessary to apply at the place of registration.

In advance, the applicant must prepare the following package of documents:

application for social assistance;
an identity document of the applicant - a passport;
original documents confirming the birth or adoption of children - a birth certificate or a court decision on adoption;
a document confirming the death of the mother - a death certificate;
a court decision that has entered into force depriving the mother of parental rights.

The legislator provides 10 days the period during which the pension fund is obliged to consider the submitted documents. If the submitted documents meet the requirements of the law, the authorized body sends a notification to the applicant on the provision of social assistance.

The notification sent must contain information about the date of issue of the relevant certificate.

It should be understood that during the registration process it may be necessary to provide additional information, therefore, it is advisable to consult with the employees of the pension fund before preparing a package of documents

How can a father receive maternity capital

The most common question in pension funds is whether the father can receive maternity capital.

Due to the latest amendments to the legislation of the Russian Federation, now the fathers of the second and subsequent children are entitled to receive social assistance from the state under the maternity capital program. But such a right is given in cases strictly specified in the law.

The father must be the only person who adopted the child, with the obligatory confirmation of this fact by a court decision that has entered into force, but after 01.01.2007. The applicant must be a citizen of the Russian Federation.

The biological mother or adoptive parent of a child should be ineligible for public assistance. In this case, the right to assistance automatically passes to the father, regardless of the citizenship of the Russian Federation.

The legislation provides for cases upon the occurrence of which the mother or adoptive parent of children loses the right to receive state assistance:

with the sudden death of a woman, or recognized as deceased by law;
the presence of a valid decision of the court on the deprivation of parental rights;
availability of a valid court decision on the commission of crimes directed against a child or one of the children;
cancellation of the status of the adoptive parent of the child, as a result of which the right to assistance appeared.

It is important to understand that a single father does not become entitled to capital if, in relation to the previous child, of whom he is the stepfather, the order at birth or establishment of guardianship over him has already been taken into account at the time of determining the fact of the emergence of the right to state assistance for a woman.

A single father is deprived of the right to state support if a child born or adopted by him is recognized as left without parental care after the death of his mother.

The legislator has established a list of necessary documents that are submitted to the pension fund office at the place of registration of the father of the children, including:

a document proving the identity of the person applying for state assistance;
original certificate of compulsory pension insurance;
court decisions or certificates confirming the fact of the birth of children;
a document confirming the fact of the death of the mother of the children - a court decision or a certificate confirming the death.

Special situations

When the mother is not a citizen of Russia

It is not uncommon for the mother of the child to permanently reside in Russia, but not a citizen of the Russian Federation. In this case, the law is unambiguous, and establishes that state assistance can be counted on if the mother and the born or adopted child have exclusively Russian citizenship.

It is at the time of submission of the list of documents established by law to the pension fund that the condition for citizenship must be met, and not at the time of the birth of the child.

If the child was born on the territory of Russia and received the status of a citizen, the mother has the right to receive state assistance only after obtaining citizenship.

Second child

In practice, there are situations in which the father has a child from his first marriage, but the official marital relationship is terminated, while another marriage is registered with a woman who already had a child and a second joint was born.

The question arises whether the father can receive maternity capital upon the birth of a joint child, who now has a total of two children.

The legislator clearly regulates this situation and gives a clear answer - a man can apply for assistance if he is the sole adopter of subsequent born or adopted children, provided that the right to receive state support has not been used before.

Thus, he has no right to apply for additional assistance.

How can they be managed

To issue state support is one of the stages, it is necessary to clearly understand how the law allows you to dispose of these funds.

Legislative options include:

Spend money on improving housing conditions. At the same time, it is not forbidden to pay off debt on a mortgage or a loan that was issued for the purpose of purchasing a home.
Take advantage of the right to participate in a housing construction cooperative, carry out repairs, share participation in the purchase of housing.
Invest in . The law allows the use of material assistance to pay for the services of educational institutions, kindergartens or pay the cost of living for a child in student dormitories.
Use funds in the formation of a funded pension.

The right to use the certificate is possible only when the child reaches the age of three, and it is strictly prohibited by law to cash out funds

Any action aimed at attempting to receive funds is illegal and may lead to the deprivation of the right to receive state support. Moreover, liability is provided for by the criminal legislation of the Russian Federation.

Judicial practice and problems

Granting the right to receive this kind of subsidy to men gave rise to a lot of controversial situations, when the possibility of exercising such a right must be proved through the courts. It should be understood that this kind of support from the state is designed to help the whole family, and for its improvement.

For example, in the Perm court, a case was heard on granting the right to receive assistance to a father who had three dependent children from different mothers who died under certain circumstances. The court took the side of the plaintiff and granted the claim.

In another case, the plaintiff raised two children from different marriages, while one mother died, and the other was deprived of parental rights. The court, not particularly bothering to understand the arguments of a single father, refused to satisfy the requirements.

By itself, the out-of-court procedure for obtaining maternity capital takes a lot of effort and time, not to mention the amount of confirmed information that can be requested in the process of submitting documents to the pension fund authorities.

We continue to answer your questions about the use of maternity capital.

Not every mother who raises a child without the participation of a father fits into the category of a single mother. So, after a divorce, a woman cannot receive the status of a single person, since the father is indicated in the birth certificate of the child, which must be submitted to the Social Security authorities without fail. A single mother is considered to be a woman who gave birth to a child out of wedlock or after 360 calendar days after the divorce. The registry office issues them a birth certificate in form No. 25, where a dash is placed in the father column, or there is an entry “father's data is recorded from the mother's words”. In the event of a divorce, a woman with children is entitled to completely different types of benefits, depending on the situation.

These can be: alimony, benefits, as a poor family, payments for the loss of a breadwinner (in the event of the death of a father) or others. But at the same time, the option is being considered when the father refuses the child and confirms his desire in writing. His statement will be considered the basis for recognizing a woman left with a child as a single mother.

Will they give a loan for maternity capital if a woman is divorced

One of the areas of maternity capital is the repayment of a mortgage loan. The holder of the certificate has the right to dispose of the funds. Basically, this is the mother, but if the only parent is the father, then the certificate is issued in his name. When applying for a mortgage loan, the choice of a credit institution remains with the certificate holder. The possibility of obtaining a mortgage by a divorced woman depends on the terms of the agreement established by the credit institution. The Pension Fund has no objections to this.

Is donated property divided upon receipt of maternity capital during a divorce

Property donated to one of the spouses is not jointly acquired, so it will not have to be divided during a divorce. It remains in the right of possession of the spouse to whom this property was transferred under a donation agreement. Maternity capital, or real estate acquired with these funds, also does not apply to jointly acquired property. By law, this property or unused funds under the certificate have a special purpose, respectively, are the property of the certificate holder. In the event of a divorce, the ex-spouse retains only the share of the property allocated upon purchase.

If the spouses are divorced - how can maternity capital be used

Due to the fact that the funds under the certificate for maternity capital have a designated purpose and because the certificate is issued in the name of the mother (in some situations, in the name of the father, if he is the only parent), then there should be no questions about the division of this property. The holder of the certificate is mainly the mother, therefore, only she has the right to dispose of the allocated funds, including after a divorce. Maternity capital after a divorce can be used for all purposes provided for by law.

If I am divorced, can I use maternity capital

The certificate is indivisible property, therefore, if the funds were not used during the marriage, they can be spent after the divorce for the purposes provided for by the Federal Law. The spouse, in whose name the certificate was issued, has the right to independently manage the funds of maternity capital.

How is maternity capital distributed during a divorce

The certificate for maternity capital has a special purpose, and in accordance with Article 34 of the Family Code, upon divorce, it cannot be divided between spouses. The holder of the certificate, that is, the wife (in exceptional cases, the husband), independently manages the funds.

Maternity capital if the second child was born in a divorce

The maternity capital certificate is issued to the mother (father) at the birth (adoption) of the second or subsequent children (if the document was not received at the birth of the second child). When processing documents for obtaining maternity capital, divorce does not play any role. Accordingly, if a woman gave birth to a second child in a divorce, she has the right to apply for a certificate on a general basis.

Can a husband claim maternity capital after a divorce?

Since the funds under the certificate for maternity capital belong to the target property, then, according to Article 34 of the Family Code of the Russian Federation, during a divorce, the husband does not have the right to claim to receive these funds.

Can a husband sue maternity capital during a divorce

In the event of a divorce, maternity capital funds remain in the ownership of the wife (recipient of the certificate). According to the Federal Law on Maternity Capital, the funds under it do not apply to property divisible during a divorce. Therefore, any court will be on the side of the mother and children. An exception is when the mother is recognized as incapable, having committed a deliberate crime against children, deprived of parental rights. In this case, the father has the right to sue to reissue the certificate in his name. The legality of the actions of the spouse will be considered by the court.

Can a father claim maternity capital in a divorce?

The father, after a divorce from the mother of children, does not have the right to apply for maternity capital funds. Ownership of the certificate remains with the holder, that is, the mother.

Is it possible to return the money mat capital in the event of a divorce of the spouses

If the funds under the certificate were used for any purposes provided for by the Federal Law on Maternity Capital, then it is no longer possible to return them. Another option is when real estate was purchased at the expense of maternity capital. The property can be sold, and the money (in the amount equivalent to the allocated share of the property) is returned to the spouse. But this procedure must take place, observing certain conditions. So, for example, the share of children remains inviolable, and in return for the sold real estate, children must be allocated an equivalent living space.

Is it possible to return maternity capital after a divorce?

Money spent from maternity capital during a divorce cannot be returned. Employees of the Pension Fund deal with the use of money, therefore, money spent, for example, on paying for children's education cannot be returned. If, for example, they were used to purchase real estate, then they can only be returned by selling the existing living space. But in this case, many problems arise, since when making a purchase / sale transaction, shares are allocated to all family members, including children. And their rights are protected by law, therefore, it is possible to make a reverse transaction of buying / selling real estate only with the permission of the guardianship authorities.

Is it possible to divide maternity capital during a divorce

In accordance with the legislation of the Russian Federation, maternity capital funds are indivisible property, therefore, their division is not provided for in a divorce.

My husband and I are divorced. Is he entitled to maternity capital?

If after a divorce the question arises about the use of maternity capital, then the ex-husband has nothing to do with this money. The holder of the certificate (mother, but in rare cases the father) has the right to use the funds without the participation of the former spouse.

How an unfinished house is divided into maternity capital during a divorce

As article 34 of the Family Code of the Russian Federation defines, in the event of a divorce, all jointly acquired property is divided between the spouses, except for funds and property that have a designated purpose. Maternity capital is one of those, therefore, an unfinished house, for the construction of which funds were invested under a certificate, cannot be divided between spouses during a divorce. The former spouse can only claim a share of the property that was allocated to him when requesting the use of funds under the certificate. In order to sell your share in order to get money, you first need to formalize the ownership of this part.

Do I need to re-register the mat capital after a divorce

It is not necessary to re-register the maternity capital after a divorce, since the certificate is a nominal document, and only the owner, that is, the mother of the family (in rare cases, the father), has the right to dispose of it.

Do I need the consent of the husband to receive mat capital during a divorce

To apply for the use of maternity capital funds, the permission of any of the family members is not required. Only the desire of the holder is important. Accordingly, during a divorce, the former spouse has nothing to do with obtaining and exercising the right to a certificate by the mother of the family.

Spouses are divorced. Who will receive maternity capital?

If the spouses are divorced, the right to receive a certificate and the implementation of funds remains with the mother of the family. But in some situations, the father is endowed with this right. For example, when the mother was declared legally incompetent, deprived of motherhood, the fact of illegal actions against children, the death of the mother, was established.

Is the right to use maternity capital lost after a divorce?

The right to use the funds under the maternity capital certificate after the divorce of the spouses is not lost. The certificate is issued at the birth of the second or subsequent children (if it was not issued at the birth of the second child). A certificate is a nominal document that the person who received it has the right to dispose of. After a divorce, this right remains with the recipient of the certificate.

Is maternity capital taken into account during a divorce of spouses

When spouses divorce, maternity capital is not taken into account as a division of jointly acquired property. In accordance with Article 34 of the Family Code of the Russian Federation, during a divorce, all jointly acquired property is divided, with the exception of property and funds that have a designated purpose, which is maternity capital. The right to implement the certificate is vested in its recipient, that is, the mother, except in cases where this right is vested in the father.

How long can I use maternity capital after a divorce

You can apply for the use of maternity capital immediately after the divorce of the spouses. Then, for example, when buying real estate, the former spouse is not included in the shared ownership. If the application was submitted for the purpose of acquiring real estate at the expense of maternity capital before the divorce was filed, then the acquired living space must be registered in the shared ownership of the family, including the husband.

Is maternity capital jointly acquired property during a divorce

According to Federal Law No. 256 "On Additional Measures ..." maternity capital funds have a designated purpose. Therefore, referring to Article 34 of the Family Code of the Russian Federation, which describes that in the event of a divorce, all jointly acquired property is divided between the spouses, except for property and special-purpose funds, it can be argued that when filing a divorce, maternity capital cannot be divided between former spouses.

Is it possible to get maternity capital if the first child is with the father

The maternity capital is called so because it is issued in the name of the mother who gave birth to the second, third or next children (if the certificate has never been issued before). Therefore, if a woman has a second child, and the first one lives with her father, she has the right to apply for capital registration. But provided that the court did not deprive her of parental rights to the firstborn child.

Do I need to agree with the father of the child where to spend the maternity capital

The implementation of the rights to maternity capital belongs to the certificate holder, mainly the mother. She is not required to discuss the issue of the use of funds under the certificate with the father of the child. It can only be her own desire.

Is it possible to get maternity capital at the place of residence of the father

It is allowed to apply for a certificate at the place of registration of the mother, or at her actual residence. If a woman actually lives at the place of residence of the father of the children, then she has the right to submit documents to the local Pension Fund. The father cannot issue a certificate, with the exception of certain situations when a woman has been deprived of parental rights by a court decision, she has been declared incompetent, or she has died.

Is maternity capital paid to a mother who has given birth to a child without a father

A certificate can be obtained by any woman who has given birth to a second, third child or subsequent children (if the certificate has never been received before). Maternity capital is assigned only once. It does not matter whether she is officially married or not.

Can the father of a child apply for maternity capital?

The father has the right to apply for a maternity capital certificate only in certain situations. These include: the deprivation of the mother of parental rights, the death of a woman, the recognition of her incompetent. And also when adopting a second, third or subsequent children.

How to use maternity capital without a father

If a woman who has received a certificate is divorced, she has the right to exercise her rights to maternity capital without the participation of her father. But if she is officially married, then, for example, when buying real estate with these funds, she is obliged to allocate a share of this living space to her husband. Or exclude him from shared ownership, but this requires his written waiver of his share.

Is it possible to buy the floor of a house from a father for maternity capital

When using maternity capital funds, transactions for the purchase / sale of real estate between relatives of the first line of kinship are prohibited. These include: husband, wife, father, mother, grandmother, grandfather. In rare situations, the Pension Fund may give permission for the transaction, for example, if a relative submits documents stating that after the sale of his living space he will have a new area for living. But in situations of buying / selling real estate between husband and wife, there are no exceptions.

Is maternity capital required if children are from different fathers

Assistance in the form of maternity capital is issued to a woman who has given birth (adopted) a second child, third or subsequent children (in this case, the certificate is issued once), regardless of her marital status. That is, she can have the first child from her first marriage, and the second child from her second marriage, this circumstance does not affect the submission of documents to the Pension Fund.

Can a father receive maternity capital if the mother is deprived of parental rights

The father of the children has the right to apply for a certificate if the mother of the family was removed from raising children by a court decision. But provided that the father did not lose his rights to the children.

Is it possible to buy a house from a father for maternity capital

Real estate purchase / sale transactions using capital funds between husband and wife are strictly prohibited. Therefore, it is impossible to purchase a house from the father of children for money using a certificate.

Can the father of a child receive maternity capital with a living mother

The father of the family can obtain a certificate for state support for families with children with a living mother only if the court deprives her of the rights to children or recognizes her incapacitated. In this case, all rights to the registration and implementation of maternity capital are transferred to the father.

How can a father use maternity capital

01/16/2009 The government of the Russian Federation eliminated the misunderstanding, the essence of which was that maternity capital funds could not be used to pay off a mortgage loan if a spouse took it. Amendments were made to the "Rules for the allocation of funds from maternity (family) capital to improve housing conditions" .

From 01/24/2009, Russian families have the right to direct maternity capital funds to repay a mortgage loan if the loan agreement was drawn up for the husband. Until that moment, the branches of the Pension Fund of the Russian Federation refused to accept such statements as not complying with the norms of the law. In practice, however, a significant part of mortgage contracts is concluded for the husband, who, as a rule, has a higher income than his wife. And the latest changes in legislation are another confirmation of this.

In parallel with this, on January 21, 2009. new "Rules for filing an application for the disposal of funds (part of funds) of maternity (family) capital" were approved, which come into force on February 1, 2009. Thus, the existing misunderstanding was finally eliminated.

At the same time, part 4 of Art. 10 of the Federal Law “On Additional Measures of State Support for Families with Children” obliges housing purchased using maternity capital funds to be registered in the common ownership of spouses, children (including the first, second, third child and subsequent children) and other cohabitants them family members with the determination of the size of the shares by agreement. Therefore, when submitting documents in accordance with paragraphs. “e” of clause 13 of the “Rules for the allocation of maternity (family) capital funds for improving housing conditions” it will also be necessary to provide a notarized obligation to register the dwelling in common ownership within 6 months:

in the case of the acquisition (construction) of a dwelling using a mortgage credit (loan) - after the removal of the encumbrance from the dwelling;
in the case of individual housing construction - after the individual housing construction object is put into operation (in the absence of an encumbrance);
in other cases - after the transfer of maternity capital by the Pension Fund of the Russian Federation (in the absence of an encumbrance and when a housing construction facility is put into operation);

The list of documents for the use of maternity capital:

1) passport
2) certificate for maternity capital
3) loan agreement
4) a certificate from the bank on the amount of the balance of the debt on the loan
5) certificate of state registration of ownership of housing acquired using borrowed funds
6) a written obligation of the person in whose ownership the housing is registered, certified by a notary, to re-register it in common ownership

If a real estate transaction is concluded by a spouse, then the following documents will be additionally required:

1) a copy of the main document proving the identity of the spouse and his registration at the place of residence.
2) a copy of the marriage certificate.

When the father is eligible for maternity capital

1) If the father is the sole adopter of the second child and subsequent children

2) If the spouse who gave birth to a child, in connection with which she acquired the right to maternity capital: died, was declared dead by the court, was deprived of parental rights, committed a crime against the person against the child.

Over the past decade, a program has been implemented in Russia aimed at supporting families with two minor children. It implies the provision of certain, and quite significant, financial support to these families. The latter consists in the payment of a certain amount of money, known as maternity capital. Based on the name, it is quite fair to assume that women most often receive it. Can a father receive maternity capital?

Most recently, the State Duma adopted amendments to the legislation regarding this issue. Now the corresponding certificate is also available to single fathers who are in charge of two minor children. Our article is devoted to the description of all the necessary conditions and procedures for obtaining maternity capital by the father.

Does the father have the right to maternity capital? Based on existing legislation, maternity capital can be provided to the father if one of the following conditions is met:

The man has Russian citizenship and is the father of two or more children whom he is raising alone. He must also have a list of documents confirming the legality of paternity.
In case of deprivation of the mother of the right to receive a maternity certificate, the father of the child has the right to maternity capital. In the current situation, there are no restrictions regarding his citizenship.

Reasons why a wife cannot take maternity capital:

In case of death, confirmed by relevant documents.
Deprivation of parental rights.
If at birth the mother notarized the baby.
A court-proven crime against a toddler.
Refusal to adopt a child.

In what cases is it impossible for a father to receive material capital:

The husband does not have the right to issue maternity capital if he is not the biological father or adoptive parent of the children.
Judicial verdict on the recognition of children as orphans after the death of their mother.

Document processing procedure

If there are rights to family capital, a man needs to contact the pension fund branch at the place of residence. He needs to have a list of documents with him, including:

passport or other identity document;
birth certificates of children or a court decision on adoption;
mother's death certificate or certificate of deprivation of her parental rights;
certificate of pension insurance;
statement of the established form.

After the registration of the necessary papers, the analysis of the information provided is carried out, lasting no more than one month from the date of their submission. The result is sent by registered mail to the applicant. If the decision was positive, the message indicates the date the benefit was received. If the result of consideration of the issue is negative, the letter contains a description of its reasons. The latter decision can be appealed in court.

Use of funds

How can a father use maternity capital? It would seem that this is a very stupid question. There would be money, but there will always be a use for them. However, not all so simple. The legislation clearly states what maternity capital funds can be spent on. This list includes:

improving housing conditions (for example, paying off existing mortgages);
use the funds received to participate in shared construction or purchase of housing;
payment of all types of expenses for the education of the child;
funded pension.

What can not be done with the funds received:

buy a land plot;
purchase a car or other equipment;
pay off rent debts;
pay for treatment.

The recipient of the certificate must remember that he has the right to use the material assistance received only after his child reaches the age of three. It should also be emphasized that an attempt to convert the funds of the family fund into cash will not succeed, and will be the subject of a trial that threatens with criminal prosecution.

Helpful information

In order to better navigate the issue described, it will be useful to know some of the minor features of family certificates and information about the vicissitudes of considering applications for this type of assistance.

Features of obtaining certificates:

financial assistance is of a one-time nature;
when changing the amount of financial assistance, they do not apply to already issued certificates;
you can apply as soon as the second and subsequent child appeared (all of them must be children of the father);
funds received in the form of assistance under the state program are not considered income and are not taxed;
if the certificate is lost, it is duplicated;
when applying for this type of state support, you can send the entire package of documents by mail or by courier.

The amendments to the legislation caused a lot of controversy and controversy. Some of them resulted in litigation. Let's consider some of them.

Is family capital required if children are from different mothers? The answer to this question was recently given by the Perm court, which considered the claim of a citizen raising three kids. Finding out the causes of death of mothers, the judge was forced to satisfy the claim.

Can a father receive this type of assistance if he has a child from another marriage? This issue has also become the subject of a legal dispute between the single father and representatives of the local pension fund office. His first wife has died, and his wife is deprived of parental rights. The claim was rejected.

At the moment, the procedure for registering family capital for single fathers requires a lot of effort and time. Collection and submission of all supporting documents requested by representatives of the pension fund may take more than one month.

Partially, the current situation is the result of amendments to the relevant articles of the legislation on supporting large families. Because of this, a fundamentally new situation has developed, in which far from all employees of the responsible department are oriented. They simply lack practice. Nevertheless, there is a noticeable positive trend in this issue.

One way or another, in case of refusal to provide maternity capital for a second child, the father has the right, and must seek this through the courts, because we are talking about children's well-being. We hope this information was helpful to you!

Maternity capital is paid by the Pension Fund to families in which, since the beginning of 2007, a second or next (in order) child has appeared. However, this support measure has another name - family capital. It is more accurate, since under certain conditions, not only the mother of a born / adopted child, but also other persons are entitled to receive a “mother's” cash payment. Whether maternity capital is paid in 2019 to the father, our article will tell.

Maternity capital: can the father of the child get it

Despite the fact that the amount of maternity capital has not been indexed for almost five years (since 2015), this payment is a significant help for Russian families. Its size for today is 453,026 rubles.

A woman who is a parent or adoptive parent of a child has the preferential right to family capital. Other subjects, including the father, acquire it in the event of the loss of this right by the mother, her death or her absence.

In Art. 3 of the law on maternity capital No. 256-FZ of December 29, 2006, it is reported under what conditions maternity capital will be given to the father. This is possible under the following circumstances:

a man with Russian citizenship is the only adopter of a minor, with the appearance in the family of which the right to mother capital arose;

the right to the cash payment passed to the father/adoptive parent from the mother (native or adoptive), who lost the right to it.

In the second option, the nationality of the father does not matter. Law No. 256-FZ lists the cases when he has the right to maternity capital:

the mother of the child died without having time to receive it (or was declared dead);

the mother has been deprived of parental rights by a court decision, or the adoption she has made has been canceled - in relation to the child whose birth (adoption) became the basis for receiving maternity capital;

the mother has committed a criminal offense against the personality of one of her children (not necessarily against the child for whom maternity capital is issued).

Whether the father has the right to maternity capital depends on the "order" of the child - he must be the second from the parents or subsequent. Matkapital is issued to the family only once. Therefore, if the mother has already received a payment for one of the children, the father will not have the right to it again.

When maternity capital is not paid to the father for the second child

The father loses the right to family capital under the same circumstances as the mother of the child. That is, in addition to death, it can be the deprivation of the father of parental rights (or the abolition of adoption by the court), as well as the commission of a criminal act against his own or adopted children. In such cases, the right to mother capital passes to a minor child. An adult child under such circumstances can also become a recipient of the payment, but only if he is a full-time student in one of the educational institutions (except for organizations of additional education) and has not reached the age of 23 years.

A man raising two or more children does not have the right to claim family capital if he is their stepfather, or if he was the stepfather of previous children, the presence of which was taken into account when the right to matkapital arose. For example, a man married a woman who already had a daughter from a previous marriage. If his wife dies during the birth of their joint child, the second in line in the family, the maternity capital for the husband (widower) will not be issued. He will only be entitled to the payment if he adopts his wife's first child. If her daughter will be his stepdaughter, the widower will not be able to receive the capital for the second child that appears in the family. He is considered the father of one child, and not "two or more", as required by law.

Maternity capital: the father's rights to dispose of the payment

The father has the right to spend the family capital for the same purposes as the mother of the child. All possible directions of non-cash funds of mother capital are listed in the 7th article of the Federal Law No. 256-FZ, namely:

on the education of children (or one of them);

for the acquisition / improvement of family housing (all children must become its co-owners);

for adaptation aids/services for children with disabilities;

for a monthly child allowance if the family has a low income;

for the placement of kids in preschool institutions (if they need to be paid).

The procedure for applying for mother capital was approved by the Order of the Ministry of Health and Social Development of the Russian Federation of October 18, 2011 No. 1180n (as amended on November 20, 2018). If the father has the right to maternity capital, in order to obtain a certificate, the man applies to the Pension Fund, providing the following documents along with the application:

your passport;

metrics (birth certificates) for all children, documents confirming their Russian citizenship;

documents proving that the father has the right to claim maternity capital (for example, a death certificate of the child's mother or a court decision that deprived her of parental rights).

A certificate for maternity capital is issued to the father in electronic or paper form within 15 days.