The voluntary renunciation of parental rights is a very strange procedure. None of the laws of the Russian Federation has a similar concept, although in practice it is possible to file a refusal through a court. Unfortunately, there are parents who do not want to participate in the life of the child, help him, educate him. A “caring” father, who does not in any way affect the life of his own child and does not pay child support, can be deprived of parental rights with particular ease. Because it is perceived as a voluntary abandonment of your own baby.
Legal basis of refusal
In the Family Code there is no such thing as a voluntary waiver of parental rights to the baby. There is no such article. Parents, having written a waiver statement, do not become free just like that, in an instant. After all, the court makes a decision on their issue. True, according to official statistics, most of the claims on these issues are satisfied. But, no matter how disagreeable to the abandoned parents, they will still have to pay child support.
Take, for example, the case in which a mother is denied parental rights in a court of law. A woman is exempted from the obligation to raise her child (or children). But she is simply obliged to support them, and all the years until her baby (or children) reaches adulthood. The amount of child support paid must be determined by the court.
In fact, the issue of renouncing one’s own child is voluntary renunciation of parental rights. A sample statement will be provided a little lower. A statement of claim is being drawn up, and the direct trial process itself, in accordance with all provided rules.
How is everything going?
If the parent does not want to raise his baby anymore, he can waive his notarial rights. And you can do it this way.
One of the parents must write a document stating that he waives the rights to the children, in which he indicates an important point: he agrees that in the future his baby will be adopted. Woe-parents can even write a request containing words that they should not be summoned to court in this case. Such a statement will be certified by a seal and signature by a notary. After the document will be transferred to the second parent.
And then what?
The following actions are as follows.
In the case when a letter of rejection of the parental rights of the father is written voluntarily and it is notarized, it should be familiarized with the guardianship authorities and two witnesses. It will come in handy if they can confirm that the parent does not want to help their child in any way shape their worldview, dress, shoe, train ...
Now that the necessary documents have been collected, you can take them to court. Usually the trial is very fast. It must be indicated that the presence of PLO representatives and the prosecutor will be required at the trial. Without them, any court decision is invalid.
When a mother doesn’t need a baby
In the maternity hospital, the rejection of the parental rights of the mother is voluntarily carried out when the woman writes the consent to the baby born by her to be placed in a state educational institution. If she does not plan to take the baby home in the next six months, then she is obliged to sign a document granting the right to adoption. Thus, the parental rights to the baby pass to the adoptive parents, to those who will take care of this child in the future, surrounding him with attention and love.
If a guardian or adoptive parent exists, a simpler scheme may be used. A parent can apply to the guardianship or a notary public with a statement, thanks to which consent will be given to the adoption of the baby. In this case, a trial will not be needed.
The first reason you can renounce parental rights
The procedure itself, due to which, in fact, the deprivation of the rights of the father or mother occurs, has a fairly wide range of certain consequences in the field of legal and legal possibilities. You need to familiarize yourself with them before the final decision on the question is made.
The most common reason used to deny the rights of parents is the desire of another person to become the adoptive parent of this child. Such cases may occur when the mother marries a man who is not indicated on the certificate as a father. And this person expresses a sincere desire to become a full-fledged parent. This can be done only if the person recorded as a father agrees to voluntarily give up the parental rights of the father. The result is an automatic revocation of rights.
A refusal occurs when a statement of the appropriate form is documented and notarized.
The second reason you can renounce parental rights
Another option is a situation in which all rights are transferred to the second parent. So do single mothers in order to formalize the position of a single parent. These actions provide an opportunity to receive state benefits.
It is very easy to get the opportunity to make a positive decision if there is a waiver of the parental rights of the father voluntarily (or the mother is also completely voluntary). It is only necessary to indicate good reasons. The ruling will be issued by a judicial authority that reviews such cases, or by a local organization that will be responsible for guardianship.
If the rights and interests of children are not infringed (legislative aspects are taken into account here), the cancellation procedure on the basis of voluntary refusal is initiated. This factor will be fundamental in all cases that are related to persons who have not yet reached the age of eighteen years.
At what instances can parental rights be revoked?
Some parents who want to give up their rights to their little ones should visit some organizations:
- The local branch responsible for guardianship and trusteeship - here they will receive full information regarding the issue they are considering and will receive permission to carry out the procedure itself, without which it is impossible to conduct a voluntary waiver of parental rights.
- Notary office - here the parents will draw up and certify a statement stating the request to deprive the applicant of parental rights, and this document should be drawn up according to the previously defined model.
- A court that has the appropriate powers (city or district) - it is he who will take the final decision on this issue.
You should use the help of a qualified lawyer who will be able to correctly draw up documents for adoption and an application for a voluntary waiver of parental rights.
How the documentation submitted on this issue is compiled should take place in a specific order. The court clerk should check all the documentation. If any errors are detected, the papers will be returned for revision. The statement that the applicant draws up according to the provided sample must be notarized.
What are the nuances if a voluntary rejection is expected?
The following persons have the right to file a lawsuit that affects the voluntary renunciation of parental rights:
- child - after he has come of age;
- parents - which are indicated in the birth certificate of the baby;
- guardian of the baby or legally incompetent parent.
But a different situation may arise. It is supposed to renounce the parental rights of the father voluntarily. The consequences of this action will be unpleasant for him, because the father’s lawsuit will not be satisfied. This happens in two situations: if the father agrees that during the IVF procedure, as a result of which the baby will be born, the biomaterial of an outside man is used, and if the father knew initially that the baby was not his biological child, but still agreed so that the baby is written on him.
If these two cases can be excluded, and the father doubts that the baby (or children) were born with his direct participation, he will be able to file a lawsuit to renounce his father's rights. For a court at this outcome, DNA test results will be required. If the man’s fears are confirmed, he will be completely relieved of his father's duties and the payment of alimony.
Draw up a lawsuit
As a rule, the statement of claim will be addressed to the registry office, court and PLO. This will be a denial of parental rights voluntarily. A sample of its filling can be considered below.
Each recipient must be indicated with a new line, indicating the full name. Then you need to write, from whom exactly the statement, indicating F. I. O, date and place of birth, passport details, address and phone number.
In the narrative, it should be said that the parent completely and absolutely voluntarily renounces his rights to his own baby. You need to write the name of the baby (fully), the date and place of birth of the baby.
After that, the parent should express his consent to the fact that he is being deprived of parental rights and that he will be adopted in the future.
It must be written that the baby can be adopted and that after the court decision is made, the refusal cannot be canceled.
What should I look for if a man voluntarily renounces his father’s parental rights? The sample should be marked (written on a new line) that the mother of the baby remains in her parental rights.
A little lower it is necessary to indicate that the parent filing this lawsuit has read everything and understood the above, and that he signs it completely meaningfully. The date and locality where the submitter lives is written in words in full.
At the end, you need to put a signature and decrypt it.
A prerequisite is notarization of this application. In addition, a notary public can immediately register this document.
Refusal in favor of the second parent
So, there is a voluntary waiver of parental rights. How to do this correctly, this article has already been mentioned. But there are other reasons why a deprivation of paternity or motherhood procedure may be initiated. They will be the main reason for the applicant’s request to be granted. These reasons include:
- various diseases that interfere with parental responsibilities;
- cruelty and sexual contacts with children;
- if a criminal record has been opened for an attempt on the life or health of children or members of their family;
- if parents refuse to pick up the kids from the hospital or school);
- if parents ignore parental responsibilities; if they categorically refuse to provide funds for the needs of babies;
- if they abuse legal capabilities, mental or physical pressure on the child.
In the case when one of the above reasons is discovered, in the vast majority of cases, the deprivation of parental rights will immediately follow - father or mother. Even if there is no statement, this will not affect the decision of the court.
There is a huge percentage of the likelihood that there will be prosecution - criminal or administrative. Therefore, it is better not to adhere to such a line of behavior in order to fulfill your desire and evade the obligations of the father or mother.After all, if the above factors are present in the lives of babies, both father and mother can be deprived of their rights at the same time.
Judicial review
Each application, which refers to the abandonment of paternity or motherhood on a voluntary basis, should be considered in court. The process starts after all the necessary papers have been transferred.
In the courtroom itself must be present: the judge who will hold the meeting; representative of the prosecutor's office; a person who is a representative of the local department of guardianship; the person to whom paternity or motherhood will eventually pass, that is, the second parent or adoptive person.
A meeting within the walls of the judicial authority should be held only in the presence of the child, because he is the interested party. And his direct opinion will play a major role in deciding on the deprivation of the parental rights of one of the parents (or both of them). All this happens according to the legislation, guided, in fact, by the interests of the child.
What are the consequences of failure?
If the parent renounces the rights to the child (or children) - on a voluntary or compulsory basis - then this action has exactly the same consequences.
The law provides for some rights that an unscrupulous parent will lose:
- taking care of your baby;
- protection and the right to demand the issuance of crumbs, if it will be held by strangers;
- receipt of benefits and allowances;
- receiving child support if disability occurs;
- represent the interests of the baby in all instances;
- the right to inherit the property of a minor child in case of his untimely death.
Only one obligation will be retained for the parent: he will be required to pay child support until he reaches the age of eighteen.
The state can exempt from alimony only in the only case: if this child is adopted. The minimum maturity is equal to six months. This happens when, after giving up the baby, other people immediately adopt him. For example, a biological father refuses native children, and they are immediately adopted by a man who married his mother.