Children are happiness, but not for everyone. Some parents, not ready for the responsibility of parenthood, prefer to abandon their minor children. Most often, fathers are interested in this. Women also abandon children, but if this is done, then immediately after childbirth. Yes, and for some time, the newly-made mother has the right to take the child out of the baby’s house for about six months or a year. Guardianship authorities allow mothers to recover from postpartum depression and make such a serious decision. But how to abandon a child to his father? What to do for this?
Is it possible?
The first step is to find out if citizens have the opportunity to abandon the baby. This responsible decision leaves its imprint for life. A serious step, almost irreversible.
As practice shows, abandonment of a child is already a familiar thing. For one reason or another, many simply refuse newborns right in the hospital. But you can pick them up for some time.
So theoretically, you can abandon the baby. As practice shows, fathers think much more often about how to write a rejection of a child. They also have such an opportunity. But to realize it is quite difficult.
By agreement
There are several options for solving this question. The first and simplest is the actual refusal to fulfill parental obligations as agreed with the baby's mother. Usually there are situations in which the mother does not require child support from the second parent, and that, in turn, does not claim to be a child and allows you to formalize the status of a single mother.
Such an agreement does not have any legal force. Moreover, such a step does not exempt from alimony. Remember: abandonment of a child is not a green light for non-payment of funds for the maintenance of a minor. In which case, children with the actual and unproven refusal of the parent will still have to keep him in old age. A good, though not legalized, reception.
Independently and legally
What else is worth paying attention to? How to abandon a child to his father? To do this, you must correctly prepare a specific package of documents. But the rejection of paternity is actually called somewhat differently. The whole problem lies in the fact that at the legislative level in Russia, just like that, if desired, it is impossible to remove parental obligations. So, for no reason you will not quit refusing to keep and educate a minor.
What does the Family Code of the Russian Federation say? According to his 70th article, denial of parental rights is considered to be their complete deprivation. It is these rules that take place in Russia. It turns out that only the guardianship authorities or the court are able to take away the rights of paternity from the biological dad. But remember: this will not remove the maintenance obligations.
No red tape
Such interesting norms are contained in the Family Code of the Russian Federation. The mother can refuse the baby immediately after birth, but the father cannot. But, as already mentioned, such a step does not exempt anyone from paying money for the maintenance of a minor.
Is it really that complicated? In fact, right now, lawyers are offering to simply draw up and assure a waiver agreement. So you will have grounds for non-fulfillment of your parental obligations. True, as practice shows, such a document will not be considered in court.
In principle, you can write something at the notary public like: "I, First name, patronymic, refuse fatherhood in relation to the child (first name, patronymic of the baby)," and then assure this information.This document will do the most, so it will confirm your intention to abandon the minor. And nothing more. How to abandon a child to his father? Without a court, an idea can be realized only when it comes to adoption.
From adoption
Although this is not always the case. Without the participation of the court, you can not adopt a child only at the time of marriage. If you have already adopted a baby, then you can refuse it only in court.
What needs to be done to translate ideas into reality? The pattern of abandoning a child is extremely simple. Usually it is written at the time of marriage, served in the registry office. It should turn out something like: "I, First name, patronymic, refuse to adopt a child (information of a minor), who is the son / daughter of my wife (full name of future wife)."
In principle, that’s all. Put the date and signature - done. Now after marriage you will not become a father to a child. This statement can be written even after the official registration of the relationship.
If you want to adopt a minor, the biological father must write a letter of refusal. It looks like: "I, full name, refuse my child (full name of the baby) in connection with his adoption (information about the adoptive parent), spouse of my ex-wife, mother of the child (information about my mother ). I have no complaints about adoption. "
Through the court
How to abandon a child to his father? It has already been said that this can only be done through the courts. The initiator can be both the spouse and the guardianship authorities / judicial authorities themselves. True, there must be good reason for this act. These include:
- cruelty to children;
- the presence of addictions in the father (alcohol, drugs, and so on);
- abuse of parental rights;
- neglect of parental duties.
In these cases, you have every right to appeal to the court with a claim for the deprivation of the parental rights of a negligent biological father. Remember: you will need evidence to support your words. If there are witnesses, it’s generally good, the main thing is that they are disinterested persons.
When deciding on how to abandon a child to a father, it is necessary to take into account one more fact: the child will not lose the right to inheritance and to use the home in which he lives. All the possibilities offered by consanguinity remain. But the father deprived of parental rights does not have the right to apply for maintenance and alimony. Therefore, this decision entails a certain number of consequences, sometimes not the best for the father of the child.
When giving up a minor, think carefully about what you are doing. The law establishes that child support is not canceled. Therefore, if you want to make a refusal only because of forced payments, it is advisable to amicably agree on everything with the baby's mother.
