Maternity capital- This is targeted state support. By general rule the right to receive a personal certificate (in 2019, the denomination is 453026 rubles) occurs in women who gave birth (adopted) a second or subsequent child since January 1, 2007. However, also apply for maternity capital if they are the only adoptive parents or the corresponding right has passed to them from a woman.

Along with the main list of documents, you will need to provide confirmation of the right to family capital; the rest of the procedure will be carried out as usual.

In this case, the right to dispose of unspent funds of maternity capital (MC) will remain with the owner of the certificate. However, the father can count on a share in the property acquired for MK.

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Can a father apply for maternal capital?

Certificate for MK is a personal document that confirms the owner’s right to receive additional government support. The priority right to register family capital has woman, the corresponding right arises in a man, If:

  1. He is sole adoptive parent second (subsequent) child and has Russian citizenship.
  2. Relevant law came to him from a woman. This may happen if:
    • death of a woman (declaration of death);
    • deprivation parental rights or cancellation of adoption;
    • committing a crime against the person against their children.

When transferring the right to receive maternity capital from a woman to the citizenship of the father doesn't matter.

A man cannot apply for additional state support if, before the adoption of a child (which was taken into account when the right to maternity capital arose), he had it stepfather. And also, if the child after the death of the mother is recognized left without parental care(in accordance with the procedure established by the Family Code of the Russian Federation).

You can get a certificate for MK at any time after the right to it arises. This can be done in person or through legal representative. To receive maternity capital you must submit the required documents and application to the branch of the Pension Fund of Russia (PFR) or the multifunctional center (MFC). This can be done:

  • Personally(through a representative) by contacting the Pension Fund branch or MFC. The address of the nearest branch can be found on the Pension Fund website in the “Region Contacts” section.
  • By sending an application and documents certified by a notary by mail, with a mandatory description of the attachment and notification of delivery.
  • By sending an electronic application using the State Services portal or the official website of the Russian Pension Fund (for this you need to have a confirmed account in the unified identification and authentication system).

Can a father receive maternity capital if the children are from different mothers?

Many citizens are interested in whether a father of two children can receive maternity capital if they from different mothers. Answer - No. When establishing the right to maternity capital, children are considered by mother. A man can receive a certificate only if he is the only adoptive parent (in this case, the children may be from different mothers) or the corresponding right was transferred to him from a woman.

How can a father (adoptive parent) receive family capital?

After the father has the right to family capital, he must submit an application with the required documents to Pension fund.

The application must contain:

  • full name of the Pension Fund of Russia body where it is submitted;
  • full passport details of the person who is applying for MK, as well as his status (father, mother or child);
  • SNILS number;
  • contact phone number;
  • information about the legal representative and documents confirming his authority (if the parent uses the services of a representative);
  • data relating to children, including the child in connection with whose birth the right to MC arose;
  • information about deprivation of parental rights, as well as about the commission of a crime against the person against a child (if such situations occurred);
  • method of obtaining a certificate (in person, by mail, through the MFC, through the State Services portal or " Personal account of the insured person"), as well as its type (on paper or electronically).

Along with the application are submitted documents, which:

  1. Confirm the identity, place of residence (or actual residence) of the applicant.
  2. Confirm the birth (adoption) of children, as well as their citizenship.
  3. They confirm the death of the mother, the declaration of her death, the deprivation of parental rights, or the commission of a crime against their children.

The decision to issue or refuse to issue a certificate for MK is made by the Pension Fund in fifteen days period from the date of receipt of the application. ABOUT the decision taken reported within 5 days. In case of refusal, the reason and grounds in connection with which such a decision was made is indicated.

Does the father have the right to maternity capital during a divorce?

A father can become the owner of a certificate for maternity capital only if the corresponding right came to him from a woman(as a result of deprivation of parental rights or committing a crime against the person against one’s child). In other cases, the right to unspent maternity capital will remain with the woman, since she is targeted support from the state and is not subject to division between spouses (according to Part 2 of Article 34 Family Code RF to joint ownership spouses include payments without a special purpose).

However, the use of maternity capital for the purchase or construction of housing affects the procedure for its division after a divorce. According to the general rules, the shares of husband and wife in common property are recognized equal, unless other conditions are established in the contract (according to Part 1 of Article 39 of the RF IC). Chapter real estate, which were MK certificate funds were spent, will depend on the fulfillment of the obligation to allocate shares in such housing to all family members:

  • If shares highlighted, then in the event of a divorce, each family member will remain with their part, and the remaining living space (shares in which are not allocated) will be divided equally between the spouses (if the housing was purchased during the marriage).
  • If the shares are still were not allocated, then the part of the apartment (house), which was paid for from common savings, is also divided equally between the spouses. Since all family members have the right to maternity capital, the part of the housing purchased with these funds should be divided equally between spouses and children. A child can only claim that part of the apartment that is proportional to his share in the family capital.

A father can receive maternity capital if the mother of the children is deprived of this right or the second parent is absent for objective reasons. This will require compliance with several conditions.

Conditions for the father to receive capital

The mother of the children has the primary right to receive a family capital certificate. It is from the woman that the Pension Fund accepts an application for registration of the document. In this case, the father of the family is allocated a share in the living space purchased with these funds. But a man, unlike his mother, cannot count on an increase in his pension. This is due to the fact that many fathers, although they are such according to documents, do not take part in raising their children. In case of divorce, in 90% of cases, the heirs remain with the mother, so a certificate is issued for her.

But under certain circumstances, the father has the right to register capital in his own name. These include the following situations:

  1. the mother is declared dead or missing;
  2. the mother is deprived of parental rights;
  3. mother is in prison;
  4. the man is a single father, adoptive parent of orphans.

If the baby's mother is absent various reasons, and the only guardian is the father, then it is he who formalizes the capital. This right is defined in Article 3.

But in some cases the certificate will be refused:

  1. if the man is the stepfather of at least one of the children;
  2. if the mother died and the children were officially recognized as orphans;
  3. if the mother is not a citizen of the Russian Federation.

Special cases

Each case of issuing maternity capital to a man is considered individually. Judicial practice shows that many fathers win even complex cases in which all the required conditions are not met.


For example, a woman has been declared legally incompetent, is in a coma, or is undergoing treatment for drug addiction or mental illness. In fact, children have an official mother, but for objective reasons she cannot take part in the children’s lives. And the refusal to issue maternal capital is the reason for the infringement of the rights of a child who has the right to living space. But when applying to the Pension Fund, a man will most likely be denied the document. In this case, the only option left is to go to court. And the court's decision will likely be positive.

The second common reason for going to court is the foreign citizenship of the mother. In this case, she cannot claim capital. If a woman is deprived of parental rights, the father can prove his right to a certificate through the court. The main condition is that the man is the official parent of his heirs.

Previously, capital was only maternal capital. But numerous legal proceedings with the head of the family forced the government to reconsider the rules for issuing the certificate. It began to be called “family”, and fathers can also receive it. They cannot refuse even if a man is raising two or more children from different wives. If the mother does not have the opportunity or right to raise children, the right to assistance from the state passes to the father.

What documents will be required

In order for a father to receive maternity capital, it is necessary to prepare a package of documents:

  • statement;
  • passport;
  • SNILS;
  • children's birth certificates;
  • a document confirming the mother's lack of parental rights (this could be a death certificate, a court order depriving parental rights, a criminal record certificate, etc.).

What can a father spend his maternity capital on?

The father, as the recipient of family capital, has less choice in the use of the funds provided. A man can spend money to achieve two goals:

  1. buying a home (with a mortgage or cash);
  2. teaching children.

Moreover, a man can use the funds in two directions at once. For example, contribute part of the funds as a down payment on a mortgage, and spend the rest on the child’s education.

A woman has more rights - she can use the entire amount to increase her own pension.

If the mother of the family is not deprived of her rights and is alive, then she is allocated a share on a general basis when purchasing an apartment.

If the money was spent by the father without the consent of the mother, then she can go to court. For example, if you were in prison. But since the father has the right only to purchase housing or pay for the education of his children using maternity capital, such a business is obviously a losing proposition. Exceptions are cases of document falsification, when the woman was in good health at the time of the issuance of capital and was not deprived of parental rights.

What to do if the father is denied a certificate?


If the conditions listed above are met, but the Pension Fund refuses to issue the certificate to the father of the family, then you should go to court. As already mentioned, such issues are almost always resolved in favor of the plaintiff.

You must always defend your rights and seek justice through the courts. Of course, if the main condition is met: the mother really does not have legal grounds to receive capital.

Obtaining family capital in the absence of both parents

If children do not have both biological parents, then the right to receive a certificate remains with the official adoptive parents. They will need to contact the Pension Fund and receive capital on a general basis.

After reaching adulthood, children themselves can receive a certificate if it was not previously issued. After the death of parents or deprivation of parental rights, the heirs themselves manage the capital funds. In this case, you will need to provide an extended package of documents confirming the absence of official representatives.

So, the father can receive family capital instead of the mother. This right arises provided that the woman is legally no longer the parent of the children or is declared dead or missing. And the Pension Fund has no right to refuse to issue a certificate to a man.

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

More recently, the State Duma adopted amendments to legislation regarding this issue. Now the corresponding certificate is available to single fathers who have two minor children in their care. Our article is devoted to a description of all the necessary conditions and procedures for a father to receive maternity capital.

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

  1. 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.
  2. If the mother is deprived 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:

  1. In case of death confirmed by relevant documents.
  2. Deprivation of parental rights.
  3. If at birth the mother has notarized the baby.
  4. Proven in judicial procedure crime against a child.
  5. Refusal to adopt a child.

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

  1. The husband does not have the right to register maternity capital if he is not the biological father or adoptive parent of the children.
  2. Court verdict recognizing children as orphans after the death of their mother.

Document preparation procedure

If a man has rights to family capital, he needs to contact the pension fund office at his 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;
  • application of the established form.

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

Use of funds

How can a father use maternal capital? This would seem to be a very stupid question. If only there was money, there would always be a use for it. However, not everything is 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 mortgage loans);
  • use the funds received to participate in shared construction or purchase of housing;
  • payment of all types of expenses for the child’s education;
  • funded pension.

What you cannot do with the funds received:

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

The recipient of the certificate must remember that the received financial assistance he has the right only after his child reaches the age of three. It should also be emphasized that an attempt to convert the funds of the family foundation into cash will not succeed and will result in proceedings that may result in criminal prosecution.

Useful information

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

Features of obtaining certificates:

  • financial assistance is one-time in nature;
  • when the volume of financial assistance changes, they do not apply to already issued certificates;
  • You can apply as soon as the second and subsequent child appears (all of them must be the father’s children);
  • funds received in the form of assistance under a government program are not considered income and are not subject to taxes;
  • if the certificate is lost, it is duplicated;
  • When filling out an application for this type of government support, you can send the entire package of documents by mail or via courier.

Amendments to the legislation caused a large number of disputes and contradictions. Some of them resulted in litigation. Let's look at 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 children. Having found out the causes of the mothers' deaths, the judge was forced to grant the claim.

Can dad get it? this type help if he has a child from another marriage? The issue also sparked a legal dispute between the single father and representatives of the local pension fund. His first wife died, and his wife was deprived of parental rights. The claim was rejected.

On at the moment The procedure for registering family capital for single fathers requires a lot of effort and time. Collecting and providing all supporting documents requested by representatives of the pension fund may take more than one month.

The current situation is partly the result of amendments to the relevant articles of legislation on support large families. Because of this, a fundamentally new situation has arisen, in which not all employees of the responsible department are oriented. They simply lack practice. However, there is a noticeable positive trend in this regard.

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

Maternity capital is a benefit allocated from the federal budget to families who have given birth to a second, third or subsequent child. The mother receives the payment by law, but in some life situations The role of mother in the family is occupied by the father.

According to the latest amendments made to the legislation of our country, it can be received by the father.

But at first, fathers who tried to legally obtain maternity capital were forced to go to court to prove their case.

A man has the right to receive a maternity capital certificate once in two cases:

  • If he is the sole adoptive parent of the second and subsequent children, provided that maternity capital has not been received before. The man must have Russian citizenship.
  • If the right to maternity capital has been transferred from the mother, who for objective reasons cannot realize it (for example, due to the abolition of parental rights or adoption). In this case, the citizenship of the man does not matter.

Separately, in the second case, we should highlight a rather rare situation when the mother’s right to receive maternity capital arises as a result of the adoption of her first child. If this adoption is canceled, the mother loses the right to maternity capital for subsequent children. If the father is also the adoptive parent of the first child, then if the adoption continues, the right to maternity capital passes to him.

In two cases, a man cannot claim maternity capital:

  • If in relation to a child whose priority was taken into account when issuing a certificate for maternity capital, he is a stepfather.
  • If the mother of the children is not a citizen of the Russian Federation.

It should be noted that the right to receive maternity capital is not related to the age of the first child. Even if he is already an adult, maternity capital will be allocated for the second child.

What documents are required

A certificate for maternity capital is issued at the territorial branch of the Pension Fund or through a multifunctional public services center.

A man entitled to receive it must submit the following documents:

  • Identity passport.
  • Certificate of pension insurance.
  • Birth certificates of children or court decisions on adoption.

If the right to a certificate was transferred to the father of the family from the mother, then additional supporting documents must be submitted:

  • A court decision to deprive a mother of parental rights or to cancel an adoption, a woman’s death certificate.

What can a father spend maternity capital on?

Maternity capital can be spent by fathers in one or two directions at the same time:

  • Improving living conditions.
  • Education of the child(ren).

Maternity capital can be spent for these purposes in parts or in whole, simultaneously or with a break.

As a general rule, a father can use maternity capital only three years after the birth (adoption) of the child with whom the certificate was issued. With the exception of cases where capital is used to repay a loan and interest on it taken for the purchase or construction of housing, which can be done without waiting for the end of the three-year period.

Men, unlike women, cannot spend maternity capital to increase the funded part of their pension.

Can a father receive maternity capital? It is not at all difficult to answer this question: a definite “yes”.

Maternity capital: how to get it, why you need it

However, earlier (before 2007) everything was different. If the mother, due to some circumstances, did not have the opportunity to receive it, then for her husband he always remained an unattainable dream. And only in January 2007, due to the repeated appeals of men to the courts and the adoption of positive decisions in their favor, the federal law, namely it is the main normative document regulating issues related to maternity capital (hereinafter referred to as MK), amendments were made.

On January 1, 2007, according to legislative norms, Russians whose families had a second, third, and so on child acquired the right to MK. In monetary terms for 2016, this amount is 453,026 rubles. Each subsequent year it is revised upward, the growth of which depends on the current inflation. And only 2016 stands apart in this list: it is customary not to carry out indexing.

Maternity capital is money allocated and sent by the state to the Pension Fund of Russia (hereinafter referred to as the Pension Fund of Russia) to support Russian families in which parents are raising the second, third, fourth, etc. child born (adopted) after 01/01/2007.

After certain actions, the Pension Fund transfers these funds in the form of certificates to the father. The certificate is a personal document confirming the right to state support.

You need to understand that MK is provided for financial support for the whole family, and not for a specific child.

This means that it should be used only in the interests of the family. It is no coincidence that legislators allowed the father to spend funds on children's education or on mortgage payments.

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Maternity capital and men are reality

The right to state support is also granted to the husband if the following conditions are met:

  • first of all, the father must be Russian citizen, and, secondly, to be the official adoptive parent, represented in the singular, of the second baby or subsequent children who have not yet exercised this right, and the conclusion of the judicial authority on adoption must become effective from 01/01/2007;
  • the mother or female adoptive parent (hereinafter referred to as the MFA) for a number of reasons was unable to realize her right to maternal capital, and it passed to the father (adoptive parent), whose citizenship no longer plays any role in this situation.

Such reasons for MFA may include:

  • deprivation of parental rights in relation to the baby, with whose birth such a right arose;
  • declaring her dead;
  • death recorded legally;
  • being found guilty of committing an intentional serious crime against one's child;
  • cancellation by the court of a previously issued adoption order.

Answering in the affirmative the question whether a father can receive maternity capital, one should not forget that the father does not always receive such a right. There are a couple of situations when this seems an impossible task for him, namely: previous child he is brought in not by his own father, but by his stepfather, and due to the death of his mother, the baby is recognized as an orphan.

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Maternity capital: how to get it and where to spend it

To receive maternity capital and manage it properly, you need to fill out a package of documents. For this purpose, the father needs to apply himself, through a trusted person, mail or multifunctional center, with an application of the established form to the territorial body of the Pension Fund and attach to it:

  1. A passport allowing identification of the applicant.
  2. Insurance certificate issued by the Pension Fund of Russia.
  3. Birth certificate, and if children were adopted, a court decision.
  4. Documents confirming the impossibility of an MFA acquiring the right to state support - a death certificate, a certificate of deprivation of her motherhood, a court order canceling a previously accepted adoption, etc.

After one month, during which specialists will review the specified information for completeness and accuracy, the results of the inspection, as well as the decision to issue a certificate or refuse it, will be communicated to the applicant by notification at the place of residence. If the outcome is positive, the date when he should appear for the certificate will also be indicated there.

According to the legislation of a family where the second child born or adopted is already 3 years old, they have the right to spend the entire amount or only part of it at once to complete one or more tasks. But these tasks are very strictly limited, and more specifically, there are only two of them.

  1. Receipt of education by a son or daughter who has not yet reached the age of 25 in any Russian educational institution.
  2. Improving family living conditions.

Of course, there are exceptions to every rule, and there are some here too. For example, without waiting for the end of a three-year period, maternity capital funds can be used to repay a mortgage or consumer loan, as well as interest on them, which were received for the purchase or construction of housing.

Having decided on the place where the MK should be sent and to what extent it should be present there, you need to submit an application to the local branch of the Pension Fund of the Russian Federation, where this information should be described in detail. The fund is given 1 month to review it. The certificate is issued within 90 days. And if somewhere any of the officials, due to their incompetence or for other reasons, do not want to issue maternity capital to the father, who has every right to do so, contact the local departments social protection and security or directly to court. Remember that the law is on your side.