Mother's abandonment of child. How to voluntarily renounce parental rights Father renounces parental rights

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It happens that for some parents, raising children becomes an overwhelming burden. They are confident that they can easily abandon their offspring. If you look deeper into this area, it becomes clear that the legislation does not provide for such moments, or rather, it involves a large number of nuances. Accordingly, it will not be possible to simply get rid of the burden of parental responsibility.

An unauthorized renunciation of parental rights can be regarded as a somewhat strange procedure from a legal point of view. This is explained by the fact that there is no article in any law that could regulate this point.

Legal regulations on child abandonment

Voluntary relinquishment of parental rights is unacceptable under existing law. There is no such article in the Family Code of the Russian Federation.

It is not enough to simply write a refusal on a sheet of paper. The presence of such a receipt does not mean that you have received your freedom. At the same time, according to statistics, most of the claims brought on this topic are satisfied. True, parents still have to transfer money to support the baby.

There are also families where children experience such intense and unfavorable physical and moral influence from the father of the family that the mother is ready to literally thank the negligent father for refusing paternity.

Sometimes, there is a contender for the position of head of the family who would be happy to take on all the worries of raising someone else’s child. All he needs to do is send the adoption documents to the relevant services. But there is a certain snag, which is the presence of a biological father. If he agrees to voluntarily renounce parental rights, then this moment can practically be equated to deprivation of parental rights, in accordance with Articles 69, 70, 71 of the Family Code of the Russian Federation.

When drawing up an application, you should focus on Article 131 of the Code of Civil Procedure of the Russian Federation. As for the trial itself, it must be conducted in accordance with the requirements of paragraphs. 4 paragraphs 1 art. 23 and 24 Code of Civil Procedure of the Russian Federation.

About the consequences of abandoning a child in the video:

Abandonment of a child in the maternity hospital

This topic is being actively discussed, with very different information coming in. I will not talk about the ethical component of this issue, since I believe that situations are different, and everyone has their own vision. I prefer to highlight the legal side of the issue.

The first thing I want to immediately understand is that modern Russian legislation does not provide for the possibility of a parent to abandon their children. Such rights are inalienable. An exception may be cases when the court decides on the need to limit or completely deprive parental rights. However, all these measures do not carry the prospect of an absolute cessation of communication between parents and child.

When it comes to a newborn, the state provides for the possibility of transferring it to specialized institutions to guarantee the baby’s safety. Regardless of who will continue to care for the child - the state or the adoptive parent, his mother will have to go through the appropriate procedures in court.

Regardless of the reasons why a person was decided to have parental rights (this includes abandonment of the child in the maternity hospital), he will have to continue to fulfill his obligations to support the minor until he reaches 18 years of age.

The law provides that the child in any case retains the right to inheritance, regardless of the deprivation of parental rights of his mother or father.

He retains the right to receive his parents' property if he is not adopted in time. An adopted child has the opportunity to claim the property of the adoptive parents.

A child whose parents have been deprived of parental rights has the right to receive a survivor's pension. This situation occurs when the deprived parent paid child support to the non-adopted child and died during this period.

As you can see, one way or another, you cannot abandon the child. At the same time, a mechanism has been successfully developed that allows citizens to shift responsibility for raising a child to the shoulders of the state. This algorithm works successfully.

A woman who has decided to leave her child in the maternity hospital writes a statement addressed to the head physician of the hospital. In this document, she indicates that she is not going to take the child from the medical institution and does not object if third parties want to adopt her child.

The application is made in writing.

The application takes the form of a regular form indicating the addressee, the address where the child’s mother lives and her full name. The child's mother must personally certify the application with her signature. As soon as the chief physician of the hospital receives the specified document, he forwards the received information to the guardianship. Next, documents will be submitted to the court to deprive parental rights. The whole procedure takes about six months. During this time, a woman can think about the decision she has made and cope with existing everyday problems. Perhaps she will change her mind, and this is what she is counting on.

If a married woman refuses a child, then, in addition to her wishes, confirmation is also required from the child’s father. The father of a child is also considered to be a man who is divorced, but less than 300 days have passed since the divorce. If the ex-spouse submits a corresponding application and refuses to take responsibility for the maintenance of the child, then in court he will also be deprived of parental rights.

If the woman was not married at the time of the birth of the child or more than 300 days have passed since the divorce, there is no need to look for the father.

It’s another matter if a man knows about his rights and wants to take the baby for further upbringing. He can declare this and act as a legal representative.

With other relatives of the born baby, things are approximately the same. They also have a pre-emptive right of establishment. If any of them wishes to adopt a child, these persons have the right to declare their intention and receive the opportunities provided by law.

Drawing up an application for abandonment of a child

A completed application for relinquishment of parental rights is sent to the court, the registry office, or the Public Prosecutor's Office. Each addressee must be indicated on a new line, indicating the name as completely and correctly as possible. Next, you need to indicate from whom this statement comes. Last name, first name, patronymic, date and place of birth, passport details and residential address are entered in full.

It is necessary to indicate in the application that you are voluntarily abandoning your own child. At the same time, the date and place of birth of the baby is specified. The child's full name is written. You should indicate that you agree to be deprived of parental rights and “give the go-ahead” for the child to be adopted in the future by other persons.

Mothers who abandon their children write in a statement that they are well aware of the possible consequences. The child may be adopted, and this must also be taken into account. Once a court decision has been made, there will be no way to reverse this refusal. Even if your parental rights are not terminated in court, this refusal will not be able to be undone until the decision to adopt the child becomes final.

What if the refusal is written by the father? In this case, it is clarified from a new line that the rights of the child’s mother remain unchanged.

Below, the mother indicates that she has read the above and fully understands the essence of the statement. She should also clarify that she signs freely, without outside pressure, and does it meaningfully. If you wish, you can ask to consider the case without your direct participation.

The name of the locality and the date of the application must be written not in numbers, but in words. Next to the signature you should indicate your full name.

The application for relinquishment of parental rights must be notarized. The notary not only puts his signature on the document, but also registers it with himself.

About renunciation of parental rights in the video:

Judgment

As soon as the mother and father write an application to the court and the guardianship authorities with a request to deprive them of parental rights, the court considers the application and makes its own decision.

This scheme is standard. At the same time, at the court hearing, the issue of assigning alimony with a specific amount may be raised. As soon as the court decision comes into force, you need to come to the registry office within 3 days. Changed data regarding the origin of the child will be recorded here.

The state prosecutor and representatives of the PLO must be present at the trial. If they are absent, the meeting cannot take place. Representatives of these government bodies are required to monitor issues of providing alimony to minors. They are also responsible for providing him with a further place of residence and securing his rights when the court makes a decision.

Alimony in case of voluntary abandonment of a child

The obligation to pay child support is the most unpleasant feature for parents who wish to withdraw from the life and fate of their own child.

Important! Abandonment of a child in writing does not exempt from payment of alimony. Moreover, this point is enshrined at the legislative level, in accordance with Part 2 of Article 71 of the Family Code of the Russian Federation.

The Family Code establishes that a person deprived of parental rights loses any rights based on relationship with the child. I want to emphasize that deprivation of rights occurs only in relation to rights, not duties. That is why parents will have to continue to pay child support. This is also true for those whose rights have been limited.

What fate awaits a parent who has been deprived of parental rights? Can he count on child support from an adult child? In old age, such a parent does not have the right to demand financial support from his children unless they themselves wish to do so.

In other words, the child retains the property rights associated with the relationship. In addition to receiving funds, he has the right to claim the inheritance of his father, who was deprived of rights in relation to him.

As soon as the court accepts the full package of documents for consideration, several decisions are possible:

• the defendant undertakes to pay alimony to the plaintiff for the joint child;
• parents are deprived of parental rights in relation to a minor;
• sufficient time is provided to correct the reasons that contributed to the abandonment of the child. Usually this period is 6 months.

Note! Once the court makes a decision to deprive parental rights, it cannot be changed. As an exception, one of the parties may appeal this decision.

Is it possible to revoke a refusal decision?

Parents who voluntarily abandoned their child have the opportunity to revoke their own decision. For this purpose, a period of six months is allocated from the date of the court’s conclusion. During this time, the mother or father has the opportunity to come to their senses. If within 6 months the parents do not want to challenge the judge’s decision, they will not be able to appeal it in the future.

Consequences

After relinquishing parental rights, the same consequences are possible as due to forced deprivation.

This is a removal from:

• caring and raising a child;
• introducing a minor as your child in any institution;
• protecting your own child from strangers holding the baby and sending demands to their address;
• property rights in relation to the child;
• rights to receive government benefits and benefits that parents usually receive.

How long does it take to adopt a child?

The decision regarding the voluntary renunciation of your rights comes into force only after 6 months.

As soon as this time interval has passed, the registry office will be able to make changes to the baby’s birth record and delete the father’s name from there. From this moment on, adoption will become possible from a legal point of view.

Conclusion

I don’t know what could have pushed you to abandon your child, but I would like to give you some advice that, in my opinion, will not be superfluous. If you made a decision calmly and thoughtfully, still try to act nobly and do everything possible so as not to condemn the child to orphanhood.

And because:

• cooperate with guardianship representatives;
• provide reliable information about yourself;
• give your child a birth certificate;
• Get permission to adopt from a lawyer.

About the consequences of a mother abandoning her newborn child in the video:

Last modified: January 2020

Quite rarely, but it still happens that the father does not want to raise the child and voluntarily renounces parental rights. This happens for various reasons. Some people don't want to be responsible for their child. Some people don't need it in the first place. If the father decides to renounce his parental rights, he will not be able to relieve himself of responsibility by desire alone.

In the article we will consider whether it is possible to abandon a child, how the refusal is formalized, what consequences arise, when one should apply for adoption, and whether it is possible to cancel the refusal.

Is it possible to voluntarily give up parental rights?

In the RF IC there is no such thing as a waiver of parental rights to a minor. Parents are not released from their responsibilities simply by writing a waiver.

In practice, this issue is resolved in court. According to statistics, the majority of such claims are satisfied. Abandonment of a child is equivalent to deprivation of parental rights. However, despite such a decision, the parent is not released from child support obligations.

Waiver of the father's rights is practiced when adopting a minor. This situation occurs in remarriages, when a woman’s new husband expresses his intention to become a full-fledged father to her children. This can be done if there is a voluntary refusal of the biological father.

Example 1. Spouses Vedeneva E.A. and S.A. divorced. The common son remained to live with his mother. The father does not take part in the life of the minor and evades paying child support. Vedeneva E.A. intends to enter into a second marriage. The new spouse wants to adopt the child and care for him as if he were his own. Vedenev S.A. doesn't mind this. The parents prepared a written waiver of the father's rights with a notary and agreed on it with the guardianship. The mother filed documents with the court to deprive her of parental rights. After making an entry in the registry office on the basis of a court decision, adoption became possible.

Procedure for waiving rights in relation to a minor

The procedure for releasing the father from rights towards children involves a notary, guardianship authorities and the court. Let's take a step-by-step look at what actions you need to take.

Step 1. Drawing up a written refusal

The father of the minor fills out a voluntary waiver of parental rights in writing. The form of the document is not specified in any way. According to established practice, it indicates:

• name of the territorial registry office, guardianship authority, court;
• information about the applicant;
• information about the circumstances of the refusal (voluntariness, consent to deprivation of parental rights);
• information that the father is aware of the consequences of his action;
• information about the preservation of rights for the mother;
• date and signature.

It is allowed to write in the application a request to consider this issue in court without the participation of the father.

If you are not familiar with the intricacies of drafting a waiver of paternity, we recommend that you seek the advice of a qualified attorney.

Step 2. Certification of the application by a notary

The application is then certified by a notary. His task is to prepare documents for further submission to the court. The specialist must ensure that under the text it is written that the father is familiar with the contents of the document and signs it voluntarily. This procedure does not entail any legal consequences.

Step 3. Obtaining the consent of the guardianship authority

Employees of the department examine the case of termination of paternity and issue their reasoned opinion, taking into account the interests of the minor. Subsequently, they act as consultants in court proceedings.

Step 4. Go to court

After agreeing on the issue with the guardianship authorities, you should prepare a statement of claim to the court. The issue of refusal is resolved in the same manner as deprivation of parental rights.

The following persons have the right to file a claim:

• the father himself;
• mother of a minor;
• a child over 18 years of age;
• guardian of an incapacitated parent;
• guardian of a minor.

The listed persons apply for deprivation of parental rights. The application must indicate:

• name of the court;
• information about the parties;
• grounds for appeal;
• request to deprive parental rights;
• list of documents;
• date and signature.

You can also immediately ask that the guardianship authorities and the prosecutor be involved in the case.

Along with the refusal, the following must be attached to the claim:

• birth certificate;
• applicant's passport;
• divorce certificate;
• characteristics of the mother, father, adoptive parent;
• other documents depending on the specific situation.

You will need to pay a state fee of 300 rubles.

The guardianship authorities and the prosecutor's office act as defenders of the minor in court proceedings. They give their opinion on the interests of the child. Guardianship checks living conditions and ensures that they do not worsen.

As judicial practice shows, the consideration of a case takes about two months. The presence of a voluntary refusal speeds up the entire procedure, since it serves as proof that the man independently decided to abandon the child.

When making a decision, the court takes into account such circumstances as:

• reluctance of former spouses to communicate with each other;
• the man’s refusal to pay alimony obligations;
• physical violence against a minor;
• psychological pressure;
• presence of alcohol and drug addiction;
• immoral lifestyle.

If the court establishes the listed facts, they will serve as additional justification for satisfying the claim.

Step 5. Re-registration of documents at the registry office

After receiving the court decision, it is necessary to re-register the documents at the registry office. The “father” line on the birth certificate is cleared. After the adoption procedure is completed, information about the adoptive parent is entered into it.

Consequences of failure

If a man decides to renounce parental rights, he must be prepared for the consequences. After completing all documents, he is deprived of the right to:

• participation in the upbringing of a minor;
• receiving an inheritance from him;
• financial support from the child in case of disability;
• control of transactions with real estate owned by a minor;
• claiming a child from third parties;
• state benefits and benefits assigned in connection with the presence of children.

At the same time, the former parent is not relieved of the obligation to pay alimony in favor of the minor. It may be in the case of adoption. This issue is decided at the discretion of the court. The decision is not always made in favor of the former father.

When can I apply for adoption?

Typically, a decision on voluntary refusal comes into full force six months after going to court. If information about the biological father is excluded from the registry office records, the obstacles to adoption are removed. The adoptive parent has the right to prepare documents on the assignment of parental responsibilities to himself.

By waiving his rights, the man consents to adoption. If it is executed separately, it must be certified by a notary.

Consent is given in favor of a specific person or without specifying one. If at the time of filing the application there is no adoptive parent, then drawing up such a document makes sense only when subsequently applying to the court for deprivation of parental rights. In this case, it is equivalent to abandoning the child.

Is it possible to revoke a refusal?

It is likely that the former parent will want to restore his rights. The law allows this scenario. In this case, the interests of the child should not be violated.

The procedure for restoring parental rights is carried out according to the rules of Article 72 of the RF IC. It is necessary to file a lawsuit and involve the guardianship authorities and the prosecutor in the case. The consent of the minor is taken into account if he is over 10 years old.

If a parent has not missed the deadline to appeal a court decision on deprivation of parental rights, he has the right to file an appeal or cassation. If there are sufficient grounds, a higher authority will cancel the judicial act. In this case, the entry on the birth certificate will remain the same and there will be no need to restore your rights.

If the child is adopted and the adoption is not cancelled, restoration of the father's rights is not allowed.

After a court decision is made, a corresponding entry is made in the registry office and a new certificate is issued.

Example 2. Alekseev E.A. abandoned his son by filing a written statement with a notary. The ex-wife went to court for... The court ruled in her favor, taking into account that the defendant maliciously evades child support obligations and does not participate in the life of the minor. Alekseev E.A. learned that after his name was removed from the birth certificate, he would lose the right to collect child support. He decided to annul the refusal and appealed the judicial act.

Let's sum it up

Parents, for whom raising and raising children has become an unbearable burden, believe that they can freely abandon their offspring. It turns out that the law does not actually provide for such actions directly; there are a lot of nuances, without knowing which, it will not be possible to relieve the burden of parental care.

Voluntary relinquishment of parental rights legally considered a somewhat strange procedure. The fact is that there is no corresponding article in any law, but in fact, in practice the courts do this.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

As child rights defenders, there must be a prosecutor and representatives of the PLO at the trial, if their presence is not ensured, then the trial cannot take place, it will be invalid.

These government representatives will oversee issues providing a minor with alimony, place of residence and securing his rights in a court decision.

Drawing up an application to the court for abandonment of a child (sample)

Sample application for relinquishment of parental rights: Download form

The application is made up addressing it to the court, to the PLO, to the registry office, each addressee on a new line, indicating the correct and full name.

It is necessary to write that hereby you voluntarily and unconditionally waive your parental rights in relation to your son or daughter who was born at that time or there, indicating the full name of the offspring, and express your consent to the deprivation of your parental rights and the adoption of your child in the future in accordance with current legislation.

You should also write that you understand that the child may be adopted. It is quite clear to you that you will not be able to cancel this refusal after a court verdict is issued, which will approve your refusal.

Even if the court’s decision does not deprive you of your rights as a parent, you will not be able to cancel this refusal after the decision to adopt the child gains force.

It should state below that you have read and understood the above and are signing it freely and intelligently. Below you can write that you ask the court to consider the case without your presence at the trial.

The locality, the date should be written in full not in numbers, but in words, and signed with the full name deciphered.

This application must be notarized. The notary will not only certify the signature, but will also register this document.

If you already have an adoptive parent, you can use a simplified scheme. On the basis of Article 129 of the RF IC, the father can contact the PLO and the notary with a statement of his voluntary consent to the adoption of his offspring. In this case, a trial will not be required.

Voluntary relinquishment of parental rights has same consequences as forced deprivation.

Refusal involves removal from:

• functions of education (care),
• representing the child as his offspring in all instances,
• protection and demand from strangers holding the baby,
• rights of inheritance of a child’s property after his death,
• rights to receive benefits and benefits from the state due to real parents.

To such fathers You should not count on alimony from abandoned children in the event of incapacity for work. no court can force a child abandoned by his parents to provide assistance in their maintenance.

Do I need to pay alimony after a positive court decision?

The boy’s characteristics will be entered into the electronic information database for this entire period. Before there are people willing to become a new family for the baby, child support must be paid. After the adoption process is completed, the biological parent is released from alimony on the basis of Article 120 of the RF IC.

Yes, of course, it will not be possible to get rid of alimony payments immediately and forever, and they will need to be paid from the moment the court makes a decision until the day the adoption is formalized.

If the child is not adopted, then until he reaches adulthood, alimony must go to his mother, guardian or institution where the child lives.

Sometimes, when in fact a married couple has separated for a long time, and the mother has another man who agrees to immediately adopt her child, the woman can ask her ex-husband to formalize a voluntary refusal, in which case the deduction of alimony to the natural father can practically be avoided.

The minimum period for which alimony will be withheld is six months.

Is it possible to revoke a refusal decision?

For the voluntary renunciation of one’s rights as a parent, a period of time has been established until the decision gains legal force, lasting 6 months. The parent has this time to come to his senses and withdraw his refusal at any time during this period, because the court decision has not yet been announced.

The announced court verdict on this issue does not have retroactive effect.

How long does it take for another person to adopt a child?

Until a person registered in the registry office as a father is deprived of his rights as a parent, no legal action, including adoption, can be taken by any body or service.

Since the decision to voluntarily renounce one’s rights as a parent will be made and come into force only after six months from the date of filing the application with the court, after which the registry office will make changes to the child’s birth record, crossing out the name of his father, and emptying this line. Then adoption will become legally possible.

Despite the fact that in the Family Code of the Russian Federation there is no such thing as a voluntary renunciation of the parental rights of a father or mother, statistics confirm that lawsuits with such a strange request are very common.

Where should you go and how to properly deprive yourself of the right to a child?

To increase the likelihood of a favorable decision, compelling reasons must be provided.

I can act as:

How to voluntarily give up parental rights? Parents who make this decision will need to visit several government agencies:

Advice! For people not involved in the legal profession, it is better to hire a qualified lawyer.

He will be able to correctly prepare all the documents necessary for the subsequent deprivation of the father or mother of their rights in relation to the child.

How to formalize a waiver of parental rights? The procedure for submitting documentation and considering the case is stipulated in the current legislation of the Russian Federation.

First, one or both parents should write a statement renouncing rights to children. It also requires you to give your consent to the further adoption of the child.

If desired, a written request is attached to the application that the plaintiff not be summoned to the court hearing at which the case will be considered.

The application, certified by the seal and signature of a notary, is given to the other parent (if only one of them waives his rights) and is sent to several authorities at once - the guardianship and trusteeship authorities (CCA), the court office and the registry office.

This statement must be provided not only to the employees of the board of trustees, but also to two witnesses.

It is advisable that they confirm the plaintiff’s reluctance to participate in the life and upbringing of the child at the court hearing.

During the consideration of a case on voluntary deprivation of parental rights, the prosecutor and representatives of the PLO must be present at the meeting. Without them, the judge's decision is considered invalid.

In the absence of any inconsistencies, the trial proceeds quickly and fully satisfies the plaintiff’s application.

On a note! Guardianship officials are required to check the living conditions of a child abandoned by one or both parents and ensure that they do not worsen.

If a woman decides to give up her child immediately after his birth, she will need to write a consent to place the baby in state educational institutions (orphanage), which will be immediately transferred to the guardianship authorities.

A woman in labor who voluntarily abandoned her newborn has the right to change her decision within 6 months. At the end of this period, she will lose rights to the child.

If a woman has made her final decision and does not plan to take the baby back within six months, she will have to sign another document giving the right to adopt him. Then parental rights will pass to the future adoptive parents.

If only the mother abandoned the baby, then the father can take him for himself, but to do this he needs to obtain the appropriate permission from the PLO.

In this case, it is possible to formalize the voluntary renunciation of parental rights by the mother in favor of the father.

When both parents abandoned the baby or the father does not claim anything, the right to obtain guardianship is transferred to the closest relatives.

A claim for voluntary deprivation of paternity or maternity can be filed not only by the parents indicated on the child’s birth certificate, but also by the guardian of the parent who turns out to be incapacitated.

Is it possible to voluntarily relinquish parental rights to an adopted child?

According to the current Family Code of the Russian Federation, adoptive parents have the same rights as biological parents.

This means that if they abandon their adopted children, they will have to go through all the procedures mentioned above.

Moreover, even deprivation of parental rights does not relieve adoptive parents from the responsibilities assigned to them.

If you voluntarily renounce parental rights, you must collect a whole package of documents:

1. Application for child abandonment, which should include the following information:

If the refusal is drawn up by the father, it must be written on a new line that the mother of the child retains full parental rights.

You will also need:

1. Receipt for payment of state duty.
2. Divorce or marriage certificate.
3. Birth certificate.
4. Characteristics of parents.
5. Characteristics of adoptive parents, if any.

All documents are drawn up in a strictly prescribed form.

Below is a sample waiver application valid in 2020.

Voluntary abandonment of a child has the same consequences as forced abandonment. In both cases, the law provides for the loss of the following rights by the parent:

Voluntary renunciation of rights does not relieve the parent (s) of his (their) direct responsibility - material support for the child.

This means that they will be forced to pay child support until the child turns 18 or is adopted by other people.

The amount of alimony is determined by the court. The money will be transferred to the mother, guardian or social educational institution in which the child was placed.

There are several reasons why a court may refuse to voluntarily deprive parents of their rights or make a negative decision in this case:

Is it possible to revoke a refusal decision?

You can withdraw your application only within 6 months from the date the court makes the relevant decision.

If during this time the parent(s) does not change his position, it will no longer be possible to challenge the court’s decision, since it does not have retroactive effect.

Giving up parenthood or motherhood is a difficult process that requires a lot of effort. Before making such a decision, it is necessary to have a good understanding of all the consequences arising from it.

But most importantly, do not forget to talk with your child, because your decision primarily concerns his life.

Quite rarely, but still, certain situations happen in life when a father does not want to continue raising his child. At the same time, he urgently demands that he be completely deprived of all his parental rights in relation to his minor child.

Everyone has their own reasons for this - some do not want to bear parental responsibility for their baby, while others do not need any child at all.

If the father is ready to take such an extreme measure, then one must always remember that it will not be possible to simply throw off this “burden” from oneself, because there are many nuances in order for this procedure to be implemented.

The procedure for voluntary relinquishment of parental rights

It is important to remember that a man can renounce his parental rights only consciously, when he understands what he is doing and what consequences will follow. And first of all, you need to clearly understand that voluntary refusal is only an additional factor in order for you to be deprived of parental rights. For example, if the child’s mother filed a lawsuit to deprive the father of his parental rights, then you voluntarily write a statement about the denial of such rights, attaching it to the corresponding statement of claim.

The court can deprive you of parental rights with your consent only if there are substantial grounds for this.

In case of voluntary refusal, the grounds will be the same on the basis of which the forced deprivation of parental rights occurs. Such grounds may include:

• alcohol or drug abuse;
• ignoring your responsibilities for raising children;
• manifestation of cruelty or violence towards a child;
• non-payment of alimony;
• or in case of committing a crime that directly poses a danger to a minor.

It is important that you can prove these grounds in court.

In order to voluntarily renounce parental rights, the father needs to write a corresponding statement, after which it must be certified by a notary. In such a statement, the father voluntarily agrees to renounce his parental rights. It must indicate the reason why the father wants to renounce his rights, and stipulate exactly how his parental responsibilities will be carried out in the future.

Afterwards, you send the certified document to the court, so that the court can decide your future.

It is important! By the way, if you wish, you don’t have to appear at the court hearing at all; you just need to write a request that your case be considered without your direct participation.

When considering your case, both the prosecutor and the guardianship and trusteeship authority must be present at the meeting, because this case concerns a minor child. His rights should not be violated under any circumstances and everything should be done solely in his interests.

As a rule, if the father wants to abandon the child, then this should not be a problem, because The court almost always satisfies such requests.

Father's refusal of parental rights upon adoption

There is another option for voluntary renunciation of paternity - this is when a father abandons his child so that another man can adopt him. As a rule, such a man is the new husband of the child’s mother.

Such an adoption requires that the real father give up his child and, in addition, consent to his adoption.

Such consent must be expressed in a written statement, which is certified by a notary or by the guardianship and trusteeship authority.

If suddenly the father first gave his consent, and then changed his mind and decided to refuse, then he literally has 6 months to do this.

After the given period expires, the father will no longer be able to return the child to himself. After all, after this time, the registry office automatically crosses out the father’s name and vacates this line, thereby making it possible for another man to adopt this child.

Consequences

If you voluntarily renounce your parental rights, the following consequences occur:

• the father cannot contact his child;
• he also withdraws from his upbringing;
• the father can no longer be the legal representative of his child and protect his interests before any persons;
• in the event of the death of a child, the father does not have the right to inherit his property;
• the father will no longer be able to receive benefits and child care benefits;
• If the father becomes unable to work, the child will not be required to pay him alimony.

Generally speaking, if you voluntarily renounce your parental rights, the same consequences occur as if you were deprived of such rights. Indeed, in its essence, voluntary renunciation of paternity is equivalent to its deprivation.

It is important! But the child is under no circumstances deprived of his rights. The father must provide for the minor financially by paying him a certain amount of alimony. And the child, in turn, will continue to be the heir to the property of his former father.

If the child is adopted by another man, the father is released from such obligations as paying alimony. Although also not in all cases, because each situation is considered individually and here they take into account both the financial situation of the father and the financial situation of the adoptive parent. But in most cases, during adoption, the biological father is still exempt from paying such alimony.

It is also important to note that this issue is not enshrined at the legislative level at all and is not regulated by any regulations. And although in practice this procedure is still carried out.

Most likely, this is due to the fact that there are not so few people in the world who voluntarily abandon their children, and if the courts rejected absolutely all demands due to the fact that this procedure is simply not spelled out in the law, then this would not lead to would be no good. After all, sometimes it is simply necessary to isolate the parent from the child for his own good. And in exceptional cases, unacceptable parents still understand this, resorting to such extreme measures.