Experts: Every 10th adopted child returns to an orphanage

There are often situations when, due to various life and personal circumstances, mothers refuse to support and raise their newborn or older child. The reasons for such actions are purely individual. The most common are an unfavorable financial situation, the presence of severe, incurable diseases in the mother or children, postpartum stress, depression, and low moral qualities of a woman.

Despite the absence in legal practice of such a term as “child abandonment,” such situations are regulated by the provisions of the RF IC. Mothers do not have the right to abandon their children without permission; they must go through the procedure prescribed by law. Until the appropriate court decision, a woman must fulfill parental responsibilities for the maintenance and care of children in full.

Abandonment of a child by the mother

Moral and legal aspects

In general, society has a negative perception of mothers abandoning their children. However, in an era of constant economic crises and the leveling of family and moral values, public censure has ceased to serve as an obstacle to a woman’s decision to abandon her child. Nevertheless, the state is making every effort to combat this phenomenon and protect the rights of children.

When legally registering a refusal, it is necessary to be guided by the norms of Article 129 of the RF IC. It defines a woman's decision to give up her child as consent to his adoption by other people. The Code provides for the conditions and a certain procedure for the implementation of such an intention. Situations where the consent of his parents is not required for adoption by other people are regulated by Article 130 of the Family Code.

Important! In any case, until a court decision, the mother bears full responsibility for the life and health of her children.

Until a court decision, the mother cannot abandon the child and must bear responsibility for his life and health.

In addition to the Family Code, when considering a case related to a mother’s desire to refuse further maintenance, education and care of her children, judges must take into account the recommendations of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 44 dated November 14, 2017. This document provides explanations to the judicial authorities on the procedure for applying legislative norms when resolving disputes about restrictions or deprivations of parental rights, protecting the interests and rights of children in cases of immediate threat to their life or health.

Consequences

The list of legal consequences is reflected in Art. 71 of the Family Code of Russia. In particular, the following consequences will apply to the parent:

ban on raising children;
the impossibility of communicating with the child, except by mutual consent of the father and the baby;
inability to participate in the choice of educational institutions, choice of place of residence;
a ban on the representation of children in court and other authorities;
loss of inheritance rights in the event of the death of children;
cancellation of social preferences that were provided in connection with the upbringing of a minor child.

The obligation to pay child support remains, but only until the child is adopted by another woman.

The RF IC provides for the possibility of restoring lost rights. But this can be done no earlier than six months after the deprivation. Also, the procedure will not be available if the children have already been adopted by another woman. Every child who has reached the age of 10 years is involved in the judicial process and expresses his opinion regarding the mother’s further participation in upbringing. The children's opinion will be the main one when making decisions.

General procedure for registering child abandonment

According to statistics, the largest number of cases where mothers abandon their children occurs in maternity hospitals, immediately after the birth of the child. In judicial practice, cases involving the abandonment of older children by parents are often considered. There are also situations when parents systematically fail to fulfill their responsibilities for raising and caring for a child, which ultimately leads to deprivation of parental rights.

Most often, mothers abandon their newborn children

In case of voluntary refusals, women must document their consent to the adoption of their child by other parents. To begin this procedure, you should contact the state guardianship service at your place of residence and submit a corresponding application there. In this case, the mother will be given a six-month period of reflection, during which she has the opportunity to change her decision to abandon the child and cancel the application. If her wishes remain unchanged, the case will be taken to the local court.

Important! The final decision on the fate of the child is made by the court.

To issue a refusal, sufficiently compelling reasons must be presented. For example, declare a lack of funds and work, difficult living conditions, dysfunctional family relationships, the need for long-term treatment in medical institutions or special conditions. Otherwise, the judge may not only not give permission to the mother to refuse to support the child, but also oblige the woman to properly fulfill her parental responsibilities under the supervision of social care services.

To abandon a child, you must have good reasons, otherwise the court may refuse

In the event of a court decision to satisfy the will of the mother to renounce her parental rights, her child is usually transferred to the care of close relatives. If there are none or if they categorically refuse to raise and care for the child, he will be sent to a specialized orphanage institution.

Prerequisites for removing yourself from the baby

The circumstances that provoked the desire to abandon a child can be very diverse. They are indicated in Art. RF IC. The most common ones are:

divorce;
physical impact on the child;
the father or mother poses a threat to the life of the baby, exerting psychological pressure;
money is not paid by one of the parents;
making a decision to leave the offspring in the clinic;
whether the parent has an addiction (alcohol, nicotine, drugs).

The prerequisites for each parent are slightly different.

Mothers

A woman who has expressed a desire to leave her baby in the maternity hospital, in addition to writing a refusal addressed to the manager, must go through a legal process, which lasts for 6 months.
During this period, a decision will be made regarding her and the child. In the document, the mother must indicate that she does not want to take the child and agrees to his adoption by a third party. Next, the question of the future location of the child is considered: transferring him to the state or to another family.

If a married woman refuses, then the father’s confirmation is needed.

Note! If there is a desire to take in a son or daughter, he must submit an application to the court.

Father

Common reasons for a man's refusal are:

uncertainty about your relationship - a special DNA analysis is carried out. If the examination is confirmed, his application will be denied;
if the new husband of the child’s mother wants to register the baby in his name;
desire to get rid of financial obligations.

By both parents

Practice shows that both parents most often formalize the refusal immediately after birth while still in a medical institution. This is due to:

severe form of the disease found in the baby;
unplanned pregnancy at an early age.

The financial situation, which does not make it possible to support a newborn, also acts as an important argument in this situation.

Documentation required for registration of refusal

Having decided to renounce parental rights and responsibility for caring for the child, the mother must send a corresponding application to the local state guardianship and trusteeship service. In this appeal, she should indicate her desire, give consent to the adoption of her children by other parents, and provide convincing arguments explaining such an intention. To confirm the circumstances that led to the abandonment of the baby, one or more official documents are required:

to justify a difficult financial situation - a certificate from the place of work about the amount of wages or a document from the employment center confirming that the woman is registered as unemployed;
as evidence of unfavorable living conditions for living together with children - a corresponding conclusion on the results of a housing inspection by local authorities;
You need to provide certain documents: a certificate from your place of work, a doctor’s report, etc.
Read also: What do you need to re-register a car in your wife’s name without deregistration?
in case of dysfunctional family relationships - confirmation from social services or local internal affairs bodies;
if the mother or her child has serious illnesses, a medical report from the relevant medical institutions;
if the mother has an alcohol or drug addiction that interferes with the further upbringing and care of the child, it is necessary to present a certificate stating that the woman is registered with a drug treatment center.

Based on the reasons specified in the application and supporting certificates, the guardianship authorities will decide whether to grant or deny the mother’s request to leave the child. If necessary, the guardianship service may request additional information and documents about the circumstances that prompted the woman to commit such an act.

Important! However, the final decision depriving the mother of parental rights is made by the judiciary.

The guardianship authorities and the court directly participate in the decision-making process

Registration procedure

To remove yourself from parental authority, you need to do the following:

draw up a statement indicating the desire to withdraw from participation in his life;
create a package of documents;
issue an official refusal;
pay contributions to the state budget;
undergo court hearings to make a decision to deprive parental authority;
obtain copies of verdicts;
contact the registry office to establish new marks in the documents.

Both citizens and legal entities have the right to submit a written appeal. They may be:

child protection;
any citizens who are related to the child;
a person representing the interests of the child.

If after childbirth the mother leaves the baby, and the entry in the registry office documents has not yet been made, then only a written request is sufficient.

Place of appeal

It is not only judicial organizations that deal with child abandonment in Russia. Their main task is to protect the interests of the little citizen and ensure that parents properly fulfill their obligations to him. Such bodies include:

notary offices;
institutions involved in guardianship and trusteeship.

The issue is considered only if there is a request from the father or mother.

Court

All issues related to child abandonment are dealt with by district and regional courts. A written appeal is sent to these authorities at the location of the offspring and the second parent. If his stay is unknown, then the claim is allowed to be filed at the applicant’s registered address.

Guardianship and trusteeship authorities

Such organizations act as consultants in the ongoing case of depriving citizens of their rights to a child.
Their father or mother is obliged to inform them about the upcoming event. And they, in turn, carefully analyze situations and make every effort to protect the rights of the child.

Advice! Guardianship authorities provide qualified advice on how to carry out actions without harming the baby.

In the future, these bodies are entrusted with the following responsibilities:

speed up the adoption procedure;
provide social benefits for new parents.

Representatives of these organizations are required to attend all court hearings.

Notary

There is no need for close cooperation with this government representative. It is necessary only for legal registration of papers in accordance with legal norms.

Drawing up an application

An employee of the guardianship and trusteeship authorities will be able to provide consultation on how to correctly fill out the documentation. It should display:

data of spouses and baby;
the place where paper is sent.

At the end you need to sign the notary.

Form

A sample application for child abandonment is below.

Example of an application for abandonment of a child

Required documents

The list of papers that will be needed during the entire procedure is as follows:

written request from authorized persons;
information about the conclusion and termination of registered relationships;
government-issued documents confirming the identity and citizenship of all participants in the process;
a written request from the biological father to remove him from his rights;
information on alimony payments;
court decision on deliberate evasion of mandatory monetary contributions;
testimony of employees of a children's educational institution;
a certificate from the place of residence and a certificate of the child’s living conditions;
testimony of witnesses, neighbors, colleagues of the applicant and the defendant.

Read also: Sick leave for grandmother to care for her grandson

If necessary, additional documents may be requested.

Consideration of the case

The court is the main and important state authority where all arguments will be analyzed and weighed to remove the rights of citizens in relation to their child.
Meetings are held taking into account all current regulatory rules and regulations.

Important! The basis for starting the process is submitting an application.

Jurisdiction

Art. The Family Code of the Russian Federation regulates the provision of a written appeal at the place of residence of the second parent.

And in Art. The Investigative Committee of the Russian Federation made orders, taking into account the case when the whereabouts of the defendant cannot be found out.

Article 28 of the Family Code of the Russian Federation “Persons who have the right to demand that a marriage be declared invalid”

Article 29 of the Family Code of the Russian Federation “Circumstances eliminating the invalidity of a marriageCircumstances eliminating the invalidity of a marriage”

Lawsuit

This document must contain the following information:

plaintiff's personal information;
making arguments;
name of the institution to which the appeal is sent;
confirmation of consent.

At the end the date is affixed and certified by signature.

Trial

After the guardianship services consider the mother’s consent to the adoption of her child by other parents, the case with the recommendations of the guardianship authorities is transferred to the local court. If the application with documentation confirming the reasons for the woman’s desire to renounce parental rights meets the requirements established by law, the court will open appropriate proceedings.

During the proceedings, the judge may require additional documents related to the essence of the case. This could be the woman’s characteristics from her place of work, various petitions, certificates from social services, local internal affairs bodies, executive authorities, and medical institutions.

Important! The judge may invite witnesses - relatives, neighbors, work colleagues - to question.

The judge may invite witnesses

Based on the results of consideration of all presented arguments and testimony, a final hearing is held to make a final judicial decision. In addition to the mother, representatives of the prosecutor's office, the state guardianship service, as well as the child's future adoptive parents are required to participate in it. In cases where the case concerns children over the age of 14, they must also take part in the court hearing.

Important! When making decisions, judges must be primarily guided by the protection of the rights and interests of the child.

Opt-out options

As in the case of forced deprivation of rights, in case of voluntary refusal the court is obliged to establish the reasons for such an act. In particular, when considering a case of deprivation of rights in case of refusal to pick up a baby from the maternity hospital, the stressful situation associated with childbirth should be taken into account. Until the court makes a final decision, there is always the opportunity to cancel your refusal, or prove your readiness to raise and support your child.

Refusal to pick up a child

The birth of a baby is confirmed by issuing a certificate from a medical institution. This document records the mother’s personal data, as well as information about the father, which the woman has the right, but not the obligation, to provide to the maternity hospital staff. A woman can refuse a child immediately after giving birth, or upon discharge from a medical institution - this fact can be confirmed by her statement of refusal, or by a commission act from the maternity hospital.

applications for relinquishment of parental rights

In addition, the refusal can be declared in relation to a child located in another medical or educational institution - kindergarten, school, etc. The refusal can be confirmed not only by a written statement of one or both parents, but also by oral notification, or by the commission of actual actions.

For each such case, a report will be drawn up, and the child will be placed in temporary custody in special institutions - his future fate will be determined after consideration of the case of deprivation of rights.

The RF IC regulates the following rules for official confirmation of such a refusal:

refusal to pick up a child must be due to valid reasons - these will be checked by the court when considering the application;
when considering this option of refusal, deprivation of rights may occur in relation to one or both parents;
even in a court hearing, the parent can declare the annulment of his refusal - if there are no other grounds for deprivation of rights, the case will be dismissed and the child will be returned to the family.

Valid reasons may include lack of funds to support the baby, lack of information about the second parent, lack of an apartment to create normal living conditions, etc.

If there are other relatives who are ready to support and raise the child, the transfer of children can occur without deprivation of rights. In this case, a guardian or trustee will be appointed, and the application will indicate which relative the child is being transferred to. In case of complete voluntary renunciation of rights to a child, parents can also indicate which relative they would like to transfer their children to be raised (for example, a mother’s renunciation in favor of a grandmother). However, this option must be approved by the court after the submission of conclusions from the prosecutor’s office and the guardianship department - proper conditions for living, development, training, etc. must be confirmed.

Upon deprivation of rights

The RF IC allows for the forcible deprivation of one or both parents of rights in relation to a child - in such exceptional cases, the relevant grounds must be confirmed (malicious evasion of child support payments, physical violence against children, crime against a child, etc.). As in other categories of cases, defendants can use all means to protect their interests, or declare consent to the claim. Such consent is considered as one of the forms of voluntary abandonment of the child, and to confirm it the following rules are taken into account:

consent to the claim can be expressed in writing or orally - the defendant can write a statement without participating in the process, express his attitude to the claim on the record, etc.;
the court is obliged to verify the voluntariness of the decision to agree to the requirements and explain all the consequences of recognizing the claim;
If a claim is brought simultaneously against both parents, only one of the defendants can declare consent to the deprivation of rights.

The refusal is confirmed by the court in a decision that will be sent to the registry office. Based on a judicial act, the entry on parental rights will be canceled in the registry office books.

Upon adoption

If a child is placed in an orphanage or other similar government institution, he may be adopted by third parties.
The adoption procedure implies that parental rights and responsibilities are transferred in full to the adoptive parents. If the biological mother and father have already been deprived of parental rights by a judicial act, their consent to the adoption is not required. A different situation arises if the mother and father were not deprived of parental rights. In this case, you need to use the provisions of Art. 129 of the RF IC, which provide for the following refusal rules:

if the adoption procedure is already at the stage of judicial proceedings, consent to adoption can be expressed directly at the meeting - it is submitted in writing or recorded in the minutes;
until the court's verdict is announced, parents can withdraw their consent to adoption - the court is obliged to satisfy this request;
consent to adoption is allowed only in relation to an already born child;
consent to adoption by third parties can be issued in the form of a written statement, which is certified in the following ways:

through a notary office, where the legal capacity of the refusing parent will be verified, as well as his freedom of expression;
through the management of the institution in which the child is being raised;
guardianship department at the place of residence of the parents or the place of adoption of the child.

Note! When registering consent for adoption, parents can indicate a specific person in whose favor they are willing to renounce their rights to the child. A typical example is a refusal in favor of relatives, which allows one to count on further participation in the child’s fate (for example, a mother’s statement in favor of a grandmother or grandfather, etc.). It is also possible to obtain consent without specifying a specific person.

The sample waiver of parental rights for subsequent adoption is not approved by legislative acts. When compiling it, you need to indicate not only information about the parent and the child, but also agreement with the consequences of deprivation of parental rights.

The fact of refusal for subsequent adoption is also recorded in the registry books of the registry office - special consent of the biological parents is not required for this procedure.

Procedure for abandoning a baby in a maternity hospital

In a situation where a mother has firmly decided not to pick up her newborn child from the maternity hospital, the baby’s refusal is formalized according to a simplified procedure. In a handwritten statement, the woman must give her permission for other people to adopt her baby. The application is written in a simple free form, but with the obligatory indication of the reasons and circumstances of your intention to renounce the rights to the child.

If a baby is abandoned in a maternity hospital, the mother must write permission for adoption by other families.

The main requirement for the procedure for abandoning babies directly in maternity hospitals is the documentation of the will of mothers in labor. To do this, the woman’s application must be certified by a notary or the chief physician of the maternity hospital.

Important! Only in this case will the child be transferred to an orphanage, where he will have a chance for further adoption by adoptive parents.

Drawing up an application for the court

In order to draw up a document for abandonment of a child by the father, its sample must contain the following:

full last name, first name and patronymic of the applicant and child;
the grounds on which, in accordance with current legislation, parental rights should be deprived;
an indication that the applicant fully understands all the consequences that the consideration of his application in court will lead to. In particular, the text should reflect that the parent is aware of the lack of the right to claim maintenance from his son or daughter in old age or after disability, understands that he cannot avoid alimony payments, and that inheritance obligations will remain, and so on;
if only one of his parents is released from the rights to the child, then point out the fact that the rights of the second (in this case, the mother) are fully preserved;
permission to adopt a child for a specific citizen (when the adoptive parent is known) or an unspecified circle of persons.

USEFUL INFORMATION: Sample application to the court to adopt a wife's child

Peculiarities of registration of refusals related to the age of mothers and children

For some cases of refusal related to the age of the mother or child, the law provides for a special procedure for legal registration. For example, in a situation where a newly born baby is abandoned by a young mother under the age of 16. The girl's consent to give the child up for adoption by other people is not enough; she must obtain certified permission from her parents to do so. If she is an orphan, she will need to obtain permission from her guardians or the state trustee service.

If a minor mother wants to abandon a child, permission from her parents or guardians must be obtained.

The simplest process will be to formalize the abandonment of adult children. This procedure does not require any additional permissions or confirmations, since citizens who have reached the age of majority are able to provide for themselves and have the right to independently plan their future lives. The exception is cases when adult children study at inpatient departments of universities.

Important! Parents who abandon them are obliged to support them until graduation.

Measures to combat the phenomenon of mothers abandoning their children

In order to reduce the number of cases when a mother decides to leave her newborn baby in the maternity hospital, a special preventive program has been developed, the implementation of which is entrusted to doctors of maternity hospitals and representatives of social care services. Such prevention is based on methods of psychological persuasion and the provision of material assistance. Doctors and social workers should try to convince the woman of the recklessness of her action, to help her understand all the negative consequences both for the future life of an abandoned child and for the state of her own psyche.

Psychologists, doctors, and social workers try to convince the woman that her action is reckless

The program consists of three main stages. At the first stage, doctors must respond in a timely manner to the mother’s decision not to take her baby from the hospital. The guardianship service must be notified of this desire immediately. Before social workers arrive, doctors should try to dissuade the woman from wanting to give up the child. This must be done taking into account the individual characteristics of her character, the possible influence of postpartum stress on the psyche of the woman in labor.

Important! If doctors’ attempts to convince the woman do not lead to the desired result, the next stage of preventive action begins.

At the second stage, social service workers with an experienced psychologist come into action. They must assess the psychological state of a woman who has just given birth, and find out in detail the reasons and circumstances that prompted her to abandon her newborn baby. At the third, decisive stage of the program, representatives of the guardianship authorities must take all available means of assistance that will allow the mother to believe in the possibility of a full life with her child.

A conversation between a woman and a psychologist is required: perhaps she suffers from depression and cannot make sober decisions at the moment

Such support includes such measures.

Providing financial assistance in the form of basic necessities for the baby - hygiene products, baby food, clothing.
Help in solving everyday problems.
Providing legal support in obtaining child benefits, various benefits, petitions, appeals to local executive authorities in order to improve housing conditions.
Psychological assistance in overcoming postpartum stress or depression, uncertainty in one’s ability to raise and raise a child.

The state provides support to women who wish to take such a step

If all attempts to convince the mother to leave her baby are unsuccessful, social service employees must take measures to protect the rights and interests of the child. It is necessary to find out whether the mother has relatives who can be entrusted with the maintenance and care of the baby. The most acceptable option would be to register the baby in the name of the father or grandparents. Growing up with close relatives will give your child a chance to grow and develop in a real family.

Important! If there are no such close people or they categorically refuse to accept the newborn, social workers register the abandoned baby in an orphanage.

How can parents demand respect from their teenage son?

I wrote this letter for a kind, but helpless in the face of laziness and arrogance son, mother of a 14-year-old teenager. The problem is obvious. She tried to write it herself, but her execution of the letter did not sound convincing. If anyone wants to use this letter as a template for similar situations, please note that the letter itself means little. Any teenager will definitely check: is this letter serious? But will mom really do all this and not let her drink? Therefore, the letter should be accompanied by the help of a specialist psychologist who will support and advise the mother, and, if necessary, will talk convincingly with her son.

In short, if necessary, ask for help.

So, the letter:

Sasha, first about the simplest things.

I wanted you to be born - and I did it with joy. I took care of you for hours, days and years - and I did it with love for you. I plan to continue to take care of your future because I love you. And at least for this reason, you shouldn’t treat me like a pig.

Yes, sometimes I want to hear from you the words: “Thank you, mom!”, But now I’m not talking about gratitude: I insist on respect for me and on cooperation between us, between you and me. What is cooperation? Cooperation means we take care of you together, we both need it. And if I care about you, but you don’t want this and protest, this is not cooperation.

If we are together, we will make your quality future. You will be respected, you will have money, you will have a status job, love, family - everything you want. And if you want to fight with me... Think about whether you want to fight with me. I’m specifically angry with you, you’re behaving disgustingly, I’m putting up with it for now, but I don’t want to put up with it for a long time. I suggest you do without military action; this will definitely not increase the joy in our lives.

What do I need from you now?

The first and most important thing is to discuss with me the list of your chores around the house. It is clear that after discussion and acceptance, you are required to carry them out without reminders.

Second: discuss with me the amount you receive for pocket expenses, and do not ask for more than agreed upon.

Third: if I ask you for something seriously, you do it and don’t argue. And also you don’t leak, don’t pretend to be unhappy and don’t spoil my nerves. Moreover, you don’t argue and don’t be rude, I definitely won’t tolerate that.

Right away - if you and I don’t agree on all this or if you violate this, I will fine you absolutely seriously and not in a childish way. This will also prepare you for life, since in a few years life will punish you for your carelessness instead of me. Life is tougher than any parents - remember this.

Dad and I always give you a bunch of gifts. Money, phone, we pay for your classes... Actually, the fines will be that we will take these gifts back from you. Most likely, it will be in the following sequence: 1) I will take away your phone, 2) I will deprive you of your home Thursday, 3) I will stop giving you 100 rubles. If you want to quarrel further, I’ll stop paying for guitar lessons, then Russian lessons, and then English... In short, I don’t even want to think about it.

There is a proposal not to bring it to this point and to resolve all issues peacefully. Please write me a letter with your decision. Time limit: 24 hours. If you don't make it, it's war.

Legal consequences for mothers who abandon their child

Regardless of the voluntary or forced registration procedure, the legal consequences will be the same for all women who abandon their children - they lose parental rights to the child they abandoned. The law deprives mothers of the following opportunities:

educate or in any way influence the further upbringing of your child;
a woman will not be able to receive various benefits and allowances related to the birth and care of children;
the mother does not have the right to demand maintenance or financial assistance from her grown children in cases of illness, loss of ability to work, or reaching old age.

If a child is abandoned, the mother is completely deprived of parental rights.

According to legislative norms in the family sphere, the presence of parental rights in citizens is determined by the factor of kinship. Legally formalized renunciation of family ties entails the deprivation of a woman of the full scope of rights to a child provided for by law. At the same time, she must perform maternal functions and childcare responsibilities until the court makes an appropriate decision to terminate such responsibilities.

Important! Until the child reaches adulthood, the mother who abandoned him is obliged to pay alimony in the amount established by the judicial authorities.

Alimony obligations will cease to apply only if the child is officially adopted by another family, to which the responsibilities for his provision and maintenance will be transferred. Refusal to pay child support will result in its collection by force.

Before the child is adopted by another family, the mother is required to pay child support.

It should be noted that Russian legislation does not provide for direct criminal liability for abandoning one’s children. However, this does not mean that women can arbitrarily abandon their children with impunity. For example, leaving it on the street, throwing it to other people, which, unfortunately, is practiced by mothers with low moral qualities.

Important! Such actions can be classified by law enforcement agencies as facts of child abuse and even deliberate attempted murder. All of this may result in severe criminal penalties.

What is enshrined in law

In family law there is no mention of the possibility of formalizing a voluntary refusal and abolishing the rights and obligations in a child’s relationship.

Despite the fact that in practice such claims are satisfied in most cases, parents are not recognized as completely free, since according to the RF IC, even a parent deprived of parental rights is obliged to financially provide for the child, at least until the child is adopted by other people.

Articles 69-71 of the RF IC regulate the issues of deprivation of parental rights, the grounds for this, as well as the consequences arising from such a procedure. An appeal to a judicial authority occurs in accordance with the Code of Civil Procedure of the Russian Federation, namely Article 131. The trial also takes place in accordance with the rules established by the Code of Civil Procedure of the Russian Federation.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Conditions and procedure for forced deprivation of parental rights

If a woman has firmly decided to voluntarily renounce her maternal rights and renounce her child, the courts do not have the right to force her to change her desire. Only if a woman has certain doubts can a judge give her additional time to think, in the hope that she will refuse such an act that could break a child’s fate. However, there are situations when forcibly depriving a mother of parental rights will be in the interests of the child himself. The grounds for such a decision are set out in Article 69 of the UK.

Article 69 of the RF IC

To deprive a father, mother or both parents of their rights in relation to their children, the court will need strong arguments. The following circumstances serve as such reasons:

systematic evasion of childcare responsibilities;
cases of abuse of parental rights;
refusal to take a son or daughter from a maternity hospital, medical, educational or social institution without a good reason and legally formalized consent for adoption by other people;
cases of abuse of their children, including acts of physical, sexual and psychological violence;
chronic alcoholism and drug addiction;
an intentional crime committed against a child, as well as other family members.

Strong arguments for deprivation of parental rights may include addiction to alcohol and drugs, child abuse, or the commission of a crime directed against a child.

Forced deprivation of parental rights by judicial authorities is carried out in accordance with the procedure established by Article 70 of the Family Code. A corresponding claim on this issue can be filed by the following persons:

one of the parents or their official guardians;
prosecutors;
representatives of government services carrying out activities to protect and defend the rights and interests of children under the age of majority, for example, commissions for minors, guardianship organizations.

Important! The trial must take place with the participation of representatives of the prosecutor's office and trusteeship services. If criminal actions of parents are discovered in a case before the court, judges are obliged to notify the prosecutor's office of such facts.

The second parent, a representative of the guardianship authorities, can file a claim for deprivation of parental rights

In addition to depriving the mother or father of parental rights, the judge has the right to order the collection of alimony, as well as decide on the possibility of living together with the children. If the court finds it impossible to leave the child with his parents, he will be sent to a specialized guardianship institution. After court decisions are made, an extract from the adopted decision is sent to the organization in which the state registration of the child took place in order to make the necessary changes in the civil status records.

Children of parents deprived of parental rights can be adopted by other people only after the expiration of a six-month period from the date of the decision approved by the court. Until this moment, parents are obliged to support the child, then pay child support until the child reaches adulthood.

Important! Children retain the right of ownership of joint housing, property, and inheritance from their former father or mother.

Children retain ownership of property, inheritance from their former father or mother

Is it possible to voluntarily renounce paternal or maternal rights?

A citizen acquires rights in relation to a minor at the time of registration of the child’s birth. The basis is the entry of data at the request of the parents or by court decision. From the moment the information is included in the children's documents, the mother and father are granted parental rights.

Important! Exclusion of information about the mother and father from children's documents is possible only by court decision.

Options for voluntary renunciation of paternal or maternal rights:

1. Permission to adopt. If other citizens wish to accept the child into the family, the parents can provide written consent. In this case, it is not necessary to deprive the mother or father of parental rights. The adoption procedure will take less time. Since when depriving parental rights, you must wait 6 months from the moment the court decision is given legal force.

The disadvantage of such adoption is the impossibility of receiving payment when adopting a child left without parental care. Since a minor does not receive the appropriate status.

2. Challenging parental rights. If other citizens do not want to adopt a child, then the refusal can be formalized in the form of challenging paternity or maternity. But this option is possible if the applicant is not the blood parent of the minor. And also at the time of registration of the relationship, I did not know about the absence of consanguinity.

Thus, the usual execution of a document with the renunciation of paternal or maternal rights does not carry the corresponding latter. The procedure must be carried out through the court.

Example. Kirill wants to give up his son. A man is divorced from his ex-wife. The boy lives with his mother. The man does not want to communicate with the child and pay child support. He turned to a notary and formalized the notarized abandonment of the child. After which, he presented the document to the FSSP to stop the collection of alimony. However, the specialist refused him.

The law does not provide for the possibility of waiving the father's rights. They can either be transferred or contested. In other cases, if duties are not fulfilled, a man may be deprived of paternal rights. But the obligation to provide financial support will remain.

Procedure for father's abandonment of child

The procedure for registering a father's voluntary abandonment of his child differs little from the procedure provided for mothers. He needs to write a statement agreeing to the adoption of his children by other people and indicating the reasons for such a decision. Typically, fathers abandon their children in cases of divorce from their spouse, when her new husband wants to adopt her child from a previous marriage. The document must be certified by a notary and then sent for review to the local trustee authority.

Problems of returning a child after abandonment

Family legislation leaves a woman a chance to restore the rights to her child. This possibility is provided for by the provisions of Article 72 of the UK. A woman can return a child provided that he has not yet found a new family and is not adopted. At the same time, judges must make sure that the mother is able to provide adequate support for the children in the future.

The mother can return the child if another family has not adopted him, and also if the court allows her to do so.

It is more difficult to return a child after forced deprivation of parental rights. In such cases, it is necessary to seek the help of a qualified lawyer. You will need to file a corresponding statement of claim to cancel the previous court decision. To do this, it is also necessary to collect a solid evidence base - testimony of witnesses, supporting documents that can convince the judges that the mother has firmly taken the path of correction, is ready to raise and educate her children, and is able to provide them with decent conditions for life and full development.

What the law says

First of all, you should know that it is impossible to simply take a child and abandon it. No document by itself will cause a particular man to cease to be considered the father of his son or daughter. Russian family legislation does not contain norms regulating the rules of voluntary renunciation of paternity or maternity. What is commonly called this term is in practice implemented through the procedure of deprivation of parental rights. The only difference is that it is carried out voluntarily, and not compulsorily, at the request of the parent himself.

Deprivation of paternity is always carried out only by a court. This, by the way, differs from voluntary establishment of paternity: in some cases, a court decision is not required - the man himself can recognize that a particular boy or girl is descended from him, and, with the consent of the mother, confirm this fact using a document submitted to the registry office.

However, the statement of refusal itself is a necessary step in order to lose all rights to the child. And its writing is possible in the following cases:

the father understands the need to make a choice: either he voluntarily refuses - or anyway, in the end, an application will be filed by the mother or the guardianship authorities, but the consequences will be much harsher;
the child has a candidate for adoption, which the real father does not want to interfere with. A typical example here is the remarriage of a mother with whom a son or daughter remains, when the new husband wants to register the child as his own, thereby ending any family connection with the biological parent.

USEFUL INFORMATION: Sample agreement on adoptive family
In essence, an application for waiver of paternal rights is a consent to the adoption of a child, drawn up in favor of a specific person, or a currently unidentified person. The text of the application itself always contains the phrase that the parent deprived of his rights gives permission for the child to be adopted by another person.