The procedure for voluntary renunciation of paternity
Family legislation of the Russian Federation provides for the possibility of a father voluntarily abandoning a child.
To do this you need:
- visit a notary's office with the intention of having a notary certify an application for renunciation of paternity. It must indicate the reason why the man does not want to be the father of a minor, as well as the mechanism by which he will fulfill his parental responsibilities;
- go to court with this application.
This issue is regulated by Art. 131 Code of Civil Procedure. Based on the results of the application being submitted to the court, its consideration takes place with the direct participation of government representatives - the prosecutor and employees of the guardianship department. They ensure that the rights of the newborn citizen are not infringed. This applies to the living conditions in which the child will live, as well as the material side of the matter - the lawful and correct calculation of alimony. If, for some reason, they are not present, then this is grounds for invalidating such a lawsuit. How the court hearing should be held is indicated in paragraph 4 of paragraph 1 of Article 23 and 24 of the Code of Civil Procedure.
Another important point: even if a father is deprived of parental rights, this does not mean that he should not pay alimony to raise his offspring. In any case, this is what clause 2 of Article 7 of the RF IC says. The only case when a father who has renounced paternity may not pay child support is his adoption by another citizen. Article 120 of the RF IC exempts him from paying funds. Responsibilities for providing for the minor are transferred to the person who adopted.
After the court decision comes into force, you must contact the registry office within three days, and he will change all records relating to this child.
If there is no one to adopt the child, then all alimony that will be accrued and paid in full is transferred to the mother, the appointed guardian or the institution where the child lives.
In matters of property, the law is also on the side of the child. A son or daughter has the right to claim part of the property of his father, who abandoned them. However, if the father has written a waiver of parental rights, then he cannot claim the property of his son or daughter.
Is it possible to leave a child in the maternity hospital?
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Is it possible to leave a child in the maternity hospital? According to the law, such a right is not granted. It is believed that the rights of parents are inalienable, even if deprived. But under any circumstances, and this includes the abandonment of children in the maternity hospital, parents still retain the obligation to support a minor or a child up to a different age, depending on the specific circumstances.
In addition, the fact that the mother left the baby in the maternity hospital will not appear on his personal rights. This also includes hereditary ones. In other words, after the death of a parent who has been deprived of parental rights, the child retains the right to inherit. This will not apply to children who were adopted. In this case, the right of inheritance will apply exclusively to the property of the adoptive parents.
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The personal rights of a child also include the possibility of receiving a pension in the event of the loss of a breadwinner. In particular, if the parent paying child support to his (non-adopted) child died at this time, then the state will pay a pension to the minor.
We can conclude that it is actually impossible to abandon a child (either the first, second or third) after his birth in the maternity hospital. But the state has developed a special algorithm, according to which it is possible to transfer the rights to upbringing either to other persons (allow adoption) or to the state. But child support payments for maintenance are still assigned to the parent by blood.
Consequences of denial of paternity
What does relinquishing parental rights lead to? In essence, its consequences are exactly the same as in the case of forced deprivation. If the father wrote a refusal, then he:
- Does not take part in raising and caring for the child;
- Does not have the right to represent the rights of the child in all instances;
- If, for some reason, the child dies, he has no right to claim part of the property;
- Cannot demand from the state benefits that are legally guaranteed to parents.
- Has no right to claim child support in old age.
The decision on voluntary renunciation of paternity comes into force 6 months after the court’s decision.
Before the end of the six-month period, the father, who suddenly became inflamed with feelings, may change his mind and withdraw his application for refusal.
Can a minor mother write a refusal?
Marriage allows you to speed up the onset of a person’s legal capacity; people who have officially entered into marriage are considered equal to adult citizens and have the same rights. If a minor mother who is officially married wants to abandon the child, then the law does not prohibit her from doing this; it is enough, as mentioned above, to write a statement.
Sample statement of claim for collection of alimony for a child and mother
A minor mother who is not married is essentially a child herself, whose guardian is her parents. In the maternity hospital, a minor mother is not discharged and the child is not given to her until her relative or guardian comes to pick her up and writes an agreement that he assumes all responsibilities for caring for both the mother in labor and the small child.
The signature of a minor woman will not have any legal force in the application for abandonment of the child. If a girl does not want to become the child’s mother, the official guardian, of course, by consent, can be her parents or the child’s father, who can file a claim to establish paternity and take the child from the maternity hospital.
In general, a minor mother will not have to think about how to write a refusal of a child in a maternity hospital, since, in principle, no one would give her the child alone. If her parents or guardians do not come for her, the child will be taken to the orphanage in any case.
Refusal of motherhood
Today, unfortunately, the level of responsibility of some mothers who have just given birth to their child and have not yet had time to pick him up from the hospital is so low that they want to abandon him. And they do this directly in the maternity hospital or the pathology department of newly born babies.
Formally, the reason justifying such a not entirely correct, from a moral point of view, act may be:
- Severe psychological disorder (after pregnancy, especially if it was severe, after childbirth).
- Physical disorders identified in the newborn.
- Poor relationship with the child’s father and lack of help from him – both physical and material.
- The young age of the mother or her psychological unpreparedness for motherhood.
The worst thing about all this is that they don’t even bother to formalize their refusal correctly. As a result, social services are unable to submit the baby for adoption and he remains an orphan for a long time, losing his chances of finding his new family.
In order to legally formalize the abandonment of a child for a woman who is in an official marriage, she must enlist the support of her spouse, who must also confirm his readiness for such a decision. If the woman is not married, then the consent of the child’s father is not required.
Refusal procedure
The procedure for registering a refusal involves filling out an application by the woman who gave birth to the baby using a special form. The document is drawn up in the name of the head physician of the institution where the birth took place. This statement indicates that the child will remain in the maternity hospital, and the mother is not against the baby being adopted by third parties.
It is permissible to draw up a document in written form without strict norms. There is no sample as such. In the upper right corner you should indicate the addressee's name, Mother's full name and actual address of her residence. The baby's details are also indicated. It is necessary to certify the document with the woman’s personal signature. You can rely on the sample we offer as one of the options for drawing up an application.
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As soon as the head doctor of the institution receives such a document, he reports the situation to the guardianship and guardianship authorities. They prepare the required documentation for the court, where the woman will be deprived of parental rights. Typically, this procedure takes up to six months. Essentially, this is the time that is given to the mother to reconsider the decision she has made, perhaps to cope with the life problems that pushed her to abandon the child. In some cases, this is enough for the mother to change her mind and still take the child home. This is possible within six months from the date of application.
You need to understand that parental rights belong to both the mother and the father. Accordingly, in order to abandon a newborn, a statement from a man is required. If such a statement is not received, then education is transferred to men’s shoulders.
Worth knowing! The father of the child is also considered to be the man who divorced the woman at the time of birth, but provided that less than 300 days have passed since the divorce. In such a situation, statements are required (no sample is needed, it is drawn up in free form) both from the woman and from the ex-spouse. Likewise, if the application is not received, then the upbringing of the child is transferred to the men’s shoulders. But the statistics are disappointing. The history of refusals of sick and even healthy children says that in rare cases a man agrees to raise them independently.
In all other cases, for example, if the woman was not married or more than 300 days have passed since the divorce, then only a statement from the mother is sufficient. If a man is aware that he is a father, he can take on the upbringing of the child, becoming his legal representative, guardian or adoptive parent. The situation is similar with all other relatives of the infant. They also have the right to become the legal representatives of the baby if the mother abandoned him and was deprived of parental rights for any reason. And remember that you always have six months to change your mind and still take your baby home. Read also: List of technically complex goods
Consequences of a mother abandoning her child
Not all women understand the consequences of abandoning a child in the maternity hospital; they mistakenly assume that their child will be in the baby for years, and they will bring him candy once a year and watch how beautiful he grows. There is a very high demand for small children and they are quickly adopted.
If the mother abandoned the child in the maternity hospital, she is deprived of parental rights through the court with or without her presence. As a result, she will not be able to restore parental rights if the child is adopted. She won't even be able to get temporary custody of him.
A mother’s abandonment of a child in a maternity hospital does not give her the right to refuse financial support for the child. Until he comes of age, she is obliged to pay money to the baby’s account, which will be opened by the Guardianship Authorities. The amount of payments will be decided by the court. The mother can abandon the child at any time while in the maternity hospital. This right is guaranteed to her by law. But she must understand that from the moment she signs the application, she loses her actual family relationship with the newborn. She will not receive social payments and benefits for him, which are due to families with children. At the same time, the child himself retains family ties with his grandparents. Can claim inheritance in order of priority.
Now you know how to abandon a child in the maternity hospital. Of course, it would be better if this knowledge was not useful to you and you always warmly welcomed new family members. But, nevertheless, we live in difficult times and it is better to immediately give the baby into good hands than to condemn him to poverty and orphanhood while his parents are alive.
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Abandonment of a child in a maternity hospital in Russia: how it happens, consequences
Abandoning a child in a maternity hospital is an extremely difficult decision, which is often made by a woman independently. It is difficult to imagine a valid reason that would justify such actions towards an innocent child, but, as statistics show, every year many newborn children are left without maternal affection.
Legal side of the issue
The law does not provide for the possibility of abandoning her own child in the maternity hospital, but a woman has the right to write consent for the further adoption of her baby. This step gives her six months to change her mind and take the child without losing her maternal rights to him.
She leaves the maternity hospital, and the child is sent to an orphanage. A single or married mother, as well as a biological father, can take the baby within 6 months.
If this is not done, the refusenik is recognized as an orphan, and the parents are deprived of parental rights to him (but not to subsequent children).
Often people decide to take such a step because of a difficult financial situation, as well as if a sick child is born (for example, with Down syndrome), because of the severe dependencies of the mother, who will not be able to adequately provide for the baby’s primary needs.
In legal terms, the procedure for abandoning a child in a maternity hospital is simply to write consent for adoption.
If six months after placing the baby in the orphanage, the mother or biological father does not change their decision, they are deprived of their rights as parents through the court.
But these people, nevertheless, may well give birth to a child later and raise him in their family without legally negative consequences.
In addition to refuseniks, there are children whom their mothers simply abandon. They leave the maternity hospital without the baby, essentially running away and leaving no statement.
Then the employees themselves give the baby his full name, draw up a birth document, and report this to the relevant authorities (police, guardianship and trusteeship authorities). Such a child will be adopted without waiting 6 months for the parents to “think about it.”
Among people who, for one reason or another, cannot have children and are on the waiting list for adoption, the majority want to adopt a newborn child, preferably straight from the maternity hospital.
Reasons for refusals
Cases are described below when a mother, instead of simply running away or not providing the medical staff with documents, should actually write a consent to adopt the child in six months. These reasons are quite changeable; in 6 months the situation can really change, and the mother will want to take the child home.
Typically, biological parents who have abandoned their child are emotionally immature or degraded people (a mother is a drug addict, dependent on alcohol).
But there are also cases when a mother abandoned her child in the maternity hospital because of poverty and a sincere desire to provide him with the opportunity to meet more materially worthy parents who can give the baby everything he needs.
If within 6 months she feels support from relatives or close people, or finds a source of income (part-time job) herself, she will take her child back to the family.
In addition to the mother, Russian law allows the father or grandmothers, who can be granted guardianship, to pick up the baby. You should know that, despite the deprivation of the parents’ status, they are obliged to pay alimony for the child (at the request of the guardian). That is, the court takes away the rights, but the responsibilities to the child remain.
Sometimes doctors suggest that a pregnant woman terminate her pregnancy due to severe illness of the fetus in the womb. A woman who decides to give birth may have a desire to keep the baby after it is born.
Moms and dads may then agonize over their own indecisiveness and wonder whether they did the right thing by doing so. They also have six months to change their mind. If they feel the painful moral consequences of abandoning a child in a maternity hospital, in Russia they have the right to return him to raise him independently in his own family.
There have been cases where, due to a severe (curable) pathology, the mother abandoned the child, knowing that she would not be able to pay for the necessary expensive operation. During the first six months of the baby’s life, medical care was paid for by volunteers or benefactors, the child lost the terrible diagnosis, and the mother, having learned about this, took him home.
Currently, society has become more loyal to mothers who gave birth in a civil marriage or without it at all.
Therefore, this basis on which a refusal may occur does not occur as often as previous cases.
In addition, single mothers today receive various benefits and other support from the state. This allows them to make a choice in favor of having a baby and raising it independently.
In addition, abandonment of a child by the mother in the maternity hospital occurs due to the fact that the woman has become a victim of violence. But in such cases, even at the stage of pregnancy, social centers staffed by qualified psychologists will help her. They will help you survive the trouble and not transfer it to the baby.
Statements from the mother and father of the child
The paradox of the law is that the process of abandoning a child in a maternity hospital is much simpler than, for example, selling real estate. But if you think about what moral consequences await people in their future life, the injustice of the system and the shortcomings of the legislative framework become clear.
This process can take place in different ways. So, if parents decide to write an application for consent to adoption, this means that they want the child to be raised in the future in a family, and not in an orphanage.
Then the procedure will take place in two stages: deprivation of the rights of parents, then the appointment of other people as guardians or adoptive parents.
There is a certain document form (sample) where you should indicate the necessary information; it will be provided at the maternity hospital.
It also declares a notification of the fact that the consequences of this process cannot be changed in the future. The applicant confirms that he was warned about this.
Childbirth without documents
When applying to the maternity hospital, you must have your passport with you, since the birth certificate will not be written only from the mother’s words. If the woman in labor does not have documents with her, she is placed in the infectious diseases maternity ward. Doctors do not have the right to leave a baby without a mother because the latter does not have a passport. Instead, you can provide paper from the passport office or the police.
If a woman gives birth anonymously, without providing any of her documents to the maternity hospital, she is not legally connected to the baby.
Therefore, instead of writing a refusal to abandon her child in the maternity hospital, she is thinking about simply leaving. If the mother leaves the maternity hospital without leaving any information about herself, then the baby will have dashes in the “Mother and Father” column.
The baby is sent to an orphanage, where he can be adopted immediately, until he reaches 6 months of age.
If, after six months, the child is adopted by other people, the mother and father’s relatives have virtually no chance of returning the baby to the biological family.
The procedure for abandoning a child in the maternity hospital and after it is not much different.
But if a woman in labor abandoned the child in the maternity hospital, but changed her mind and decided to take him away, she needs to go there and clarify the whereabouts of the child (he may be in the maternity hospital, in a children's hospital due to illness, or directly in the Baby Home). Next, the employees of the relevant institution draw up all the necessary documents, and the mother will again be able to claim her rights to the child.
Thus, when asking the question of whether it is possible to abandon one’s own child in a maternity hospital, the answer is actually positive, although in terms of the legal aspect the procedure will have a slightly different nature (registering an adoption permit). Having decided to take such a rash step, in the vast majority of cases, women greatly regret it in the future. Therefore, they are given a period of six months to come to their senses and still get their baby back.
Source: https://FamAdviser.ru/polnomochija/otvetstvennost/otkaz-ot-rebenka-v-roddome.html
