Voluntary renunciation of paternity

Is it possible to waive father's rights?

Paternity arises at the moment the child is recognized and the corresponding entry appears in the column of the birth certificate. It is impossible to simply abandon a child - you have to go through the procedure of depriving parental rights, referring to one of the provisions of the law.

Most situations where a parent faces deprivation of rights arises in accordance with Article 69 of the RF IC if the court establishes the following facts:

• domestic violence and abuse of minors;
• creating life-threatening situations for family members;
• alcohol, drug, and other types of addiction that negatively affect the formation of the ward’s personality;
• evasion of obligations towards the pupil - ignoring communication, refusal to provide, lack of any interest in the child’s life.

According to Art. 70 of the RF IC, only a court can make a decision on the basis of which the father is deprived of his rights to the child, while retaining the functions of obligations for financial support.

Read: how to deprive a father of paternity: when and in what cases is it possible.

The search for solutions to whether a father can renounce paternity forces one to look for compelling reasons to terminate official ties with the child.

The Family Code directly establishes the possibility of filing a claim by the second parent or an authorized supervisory body recognized to protect the interests of minors, excluding the possibility of the father independently initiating the process. Any decisions regarding determining the fate of the child are made by the court with the mandatory presence at the meeting of guardianship representatives from the department at the child’s place of residence.

Thus, by mutual consent, a man will not be able to obtain release from the status of a parent without a trial.

If paternity is denied, is child support paid?

The opinion that denial of paternity exempts from child support is often erroneous. When making a decision, the court may oblige a person to pay financial assistance to a child whom the citizen has abandoned. If deprivation of paternity occurred in favor of a third party to whom the rights and responsibilities of a parent are transferred, then the former father is not required to pay child support.

Father's abandonment of child: pros and cons for mother

Each procedure for depriving parental rights is unique and inimitable. It may contain both pros and cons for the child’s mother and for the baby himself. If the child’s father does not participate in the upbringing and does not provide any financial support, then it is advisable to deprive him of parental rights or transfer this right to a person who wants to be a father and husband.

If the legal father was not aware of the fact that he is not the biological father, but was recorded as such, then depriving him of this right will entail his exclusion from the register as a parent. In this case, the child’s mother can receive financial assistance from the state as a single parent.

Legislative norms

The procedure for terminating paternity is clearly regulated by the norms of family, civil, civil procedural and tax legislation, as well as the provisions of federal laws:

• Art. 69-71 RF IC;
• Art. 131, paragraph 4, paragraph 1, art. 23, Art. 24 Code of Civil Procedure of the Russian Federation;
• Federal Law No. 143, approved on November 15, 1997;
• Art. 26 of the Tax Code of the Russian Federation.

The above provisions do not establish the right to voluntarily renounce paternity, however, in the process of building a strategy for the court, these rules should be guided.

Options for ending paternity

While directly prohibiting the renunciation of one's rights on one's own initiative, the law allows for the termination of paternity through:

• deprivation of rights due to improper performance by a parent of his duties;
• judicial challenge to the fact of paternity if there are suspicions that the spouse did not know that he had no biological relationship with the newborn at the time of making an entry in the child’s certificate (the father’s claims in court must be confirmed by the results of a DNA examination, which clearly excludes consanguinity, and also documentary evidence that the baby’s mother deliberately misled him regarding paternity;
• transfer of the father’s powers when registering the adoption of a child by another person who is ready to assume the responsibilities of a parent upon marriage to the mother.

Since formalizing the termination of paternal rights on other grounds is not indicated in the cited articles of the Insurance Code, it will not be possible to simply abandon the role of the father, even if the mother of the minor adheres to the same position as the man.

Challenging paternity

The law cannot insist that a man play the role of a father if the child is not his own and the adult did not know about his wife’s deception. To terminate paternity of a defrauded spouse, a judicial procedure will be required, including consideration of a claim and a DNA examination, indicating with more than 99% accuracy the presence of blood ties or the absence thereof.

Often young couples who do not have stable relationships and constant connections face this problem. The guy refuses to acknowledge paternity if there are good reasons to suspect his partner’s infidelity.

Only in this case, the man is not only released from the status of a parent, but also from subsequent obligations to finance the child.

An important nuance: if at the time of registration of the certificate a person consciously recorded himself as the father, having evidence that the information does not correspond to reality, paternity through challenge is not provided.

Frequent cases of contestation include situations where a child is born during a divorce or within 10 months after the official end of the marriage. In these cases, the law allows a woman to unilaterally register her former marriage partner as the father of the baby. Once a discrepancy is identified, the person recorded as the father in the birth document has the right to challenge his status by filing a claim with a judicial authority.

In addition to the father, the initiator of the challenge may be:

• second parent;
• jointly father and mother;
• adult child;
• guardian.

The challenge takes place in court on the basis of a claim. If the fact of a child’s conscious confession is revealed when registering a certificate at the registry office, the court is 100% likely to refuse to satisfy the requirements. Similar situations include cases where fertilization was carried out using the biomaterial of another man in medical conditions, when the person could not help but know that he would not be related by blood to the child.

Download the Statement of Claim to challenge paternity. Sample (30.0 KiB, 401 hits)

Termination of paternity through contestation requires the presentation of objective facts that there is no relationship between the adult and his ward. Cases of challenging paternity often end in the court's refusal to satisfy the plaintiff's claims.

Refusal to pay alimony

Any child should be raised with his interests respected. This means that he should not lack for anything and his rights should be respected.

The child has the right to communicate with both parents and to receive financial assistance from them.

After all, all this is necessary for normal and healthy development. Russian legislation puts the interests of children at the forefront.

One of the conditions for satisfying all needs is the procedure for collecting alimony. Moreover, you need to remember that alimony must be paid even if the spouses are not officially married.

Sometimes it happens that a child remains behind after the parents separate from their mother. Acting on emotions, the woman decides that she does not need any help from the child's father.

In such a situation, the mother may decide that she does not need to receive child support.

Or another situation may happen, for example:

• The child moves to live with another parent after reaching a certain age.
• In court, it is established that the child's father is not the person listed on the birth certificate.
• One of the parents (most often the father) is deprived of parental rights.

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It is important to always remember that you cannot voluntarily refuse to receive alimony.

Indeed, in such a situation, children’s rights may be significantly violated. If guardianship authorities or other regulatory authorities find out about such a case, serious problems may arise. You just need to understand that in each of these cases you will have to prove your reasons for refusal.

If the case comes to court, you will need to explain that your financial situation allows you to perfectly raise a child without the help of a second spouse.

You will also need to make sure that each party is ready for such a refusal. It may also happen that your husband will not accept your decision. Everything is simple here. This is the best moment when you can refuse them, or not make such demands.

However, remember that this issue will definitely arise in court.

You should prepare in advance certificates, documents and witness statements that will confirm your financial situation.

Most often they ask for a certificate from their place of work. If the matter does not go to court, you can resolve this issue peacefully by drawing up an agreement with a notary. Just remember that here you will also need to show documents about your sources of income.

After the decision is made, you need to obtain a writ of execution. With this document you will have to contact the bailiff to open enforcement proceedings.

You can come to the bailiff for an appointment and try to agree to stop the proceedings. To do this, prepare: When one of the spouses does not want to refuse to help their child financially, it will be extremely difficult to force him to do this.

In any case, this can only be done through the court, and in very rare cases.

These include:

• Serious illness or disability of the second spouse.
• Deprivation of parental rights.
• The financial situation of the spouse who pays alimony is extremely difficult.
• Receiving a large amount at once or receiving expensive real estate, for example, an apartment.

Remember, even if the court issues a refusal, this does not limit the other parent’s other rights. He will also be able to communicate with the child and spend time with him.

Marina Good afternoon. She divorced her husband 3 years ago and has a son from the marriage.

She filed a claim in court. to receive alimony. The ex-husband pays practically nothing and constantly changes his place of residence and work.

Now I’ve decided that I want to refuse to receive anything from him, I want to forbid him to see his son and, preferably, even deprive him of parental rights. Is it possible to do this? Stanislav Aleksandrovich You cannot refuse child support on your own. This money should go to his development and education, it is not yours.

You also cannot prohibit communication with your son; to do this, you need to go to court to establish the order of communication. To deprive parental rights, you also need to go to court. In your statement of claim, indicate the reasons why you want to do this.

In your case, this is the father's reluctance to pay child support. Perhaps the court will decide to deprive of rights. Olga My husband and I divorced 2 years ago.

Since then, he has not paid alimony even once, although the court ordered him to do so. We have a son from our marriage, he is now 16 years old.

She and her father communicate, go fishing, and go hiking.

He seems to give him some money personally, but there is no documentary evidence of this. I'm afraid that when my son turns 18, the father may also file for child support. Is there anything I can do now to stop paying alimony?

This is necessary so that later the son does not pay his father after 18 years. Stanislav Aleksandrovich Children who are already 18 years old must help disabled parents. In court it will be necessary to prove that there was no help from the father during all this time.

In your situation, it will be difficult to prove this. Especially if the child confirms that his father gave him money.

Irina I divorced my husband 3 years ago and filed for alimony for my son. My husband paid regularly and without interruption. Now my relationship with my husband has improved, and we began to live together.

Can I revoke the writ of execution from the bailiffs?

Stanislav Aleksandrovich Alimony goes towards raising the child.

Moreover, to apply for alimony you can even be married, this money goes to the child.

In your situation, you cannot just pick up documents from the bailiffs. You can only go to court and refuse alimony, but the court may not meet you halfway; it protects the interests of your son. Oleg My wife and I lived together for 5 years.

We didn’t have our own children, and we adopted a girl from an orphanage. Now my wife and I are divorcing, can she apply for alimony? Is there any way I can refuse them?

Stanislav Alexandrovich If you are registered as a father, you bear all the responsibilities as a biological father. Your spouse can file for alimony, and you will be required to pay it.

Evgenia I filed for child support.

The writ of execution was handed over to the accounting department of the company where the husband works. Now I want to refuse alimony completely and take the sheet.

How can this be done? Stanislav Alexandrovich You can refuse alimony only through the court. Remember, child support is paid not to you, but to your child. The court in this situation protects his rights and interests.

You will not be able to withdraw documents from the accounting department on your own.

You can try to contact the bailiffs, but they are also unlikely to meet you halfway; their job is to carry out the court decision. Anna I recently filed an application in court to recognize paternity of one man, they said I need to do a DNA test. This man agreed to admit that he was the father.

I also indicated in the application that I want to receive alimony.

My father asks me to refuse; he is ready to pay voluntarily.

He really doesn’t want there to be a court, a writ of execution and bailiffs. Is there any way to refuse a statement in court?

Stanislav Aleksandrovich Yes, you can withdraw your statement of claim in court.

We recommend that you enter into an agreement with your husband and have it certified by a notary.

You can also enter into a settlement agreement in court itself. In this case, you will not need to obtain a writ of execution and contact the bailiffs.

Remember also that if the father suddenly stops paying, you can go to court again.

Judicial procedure for deprivation of rights

When the reason for the refusal may be the inappropriate behavior of the father, and there is documentary evidence of this, an application is submitted to deprive the status of a parent while maintaining obligations to provide for the child. The claim is prepared and filed in the district court. And the guardianship authorities are required to be present at the hearing of the case. If the grounds for termination of paternity were serious misconduct and illegal actions of the defendant, employees of the prosecutor's office will also take part in the meetings.

If the attendance of representatives of the guardianship and the prosecutor is not ensured, the court decision is considered invalid.

In addition to documents proving an immoral lifestyle, abuse of a minor, drug or alcohol addiction, a state fee of 300 rubles is paid. See what documents are needed to deprive paternity.

It is important to note: when paternal authority is terminated, there is no talk of release from duties; supervisory authorities will monitor that the deprived father fulfills the duties established by law in relation to the minor.

To help prove the existence of grounds for denial of paternity, documents characterizing the personality of the father, reviews of neighbors, colleagues, and medical certificates (if various forms of dependence are confirmed) are called upon.

Is it possible to abandon a parent if I am 20 years old?

• Firstly, both parents can voluntarily enter into an agreement on the payment of child support, in which they determine the amount and frequency of such payments. In the document, at the request of the parties, you can specify fixed amounts, or indicate percentages of the income and wages of the parents.

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If the notarial form of such an agreement is observed, it becomes binding throughout the country.

• Secondly, such alimony can be assigned in court, and the judge, based on the case materials, sets the amount of payments for an adult child exclusively in hard monetary terms.

Transfer of paternity

It is not possible to transfer your paternity rights to someone else, even if all parties involved agree that this is the best course of action. Termination of paternity through the adoption of a child by another civilian is possible only under certain circumstances:

1. Consideration of the case in court with a simultaneous decision on adoption.
2. The presence of a notarized consent that the man renounces paternity of his own free will.
3. Cohabitation, legal marriage between the child’s mother and the candidate for adoptive parents.

In fact, with the termination of paternity with the transfer of rights to the adoptive parent, the right arises not to pay alimony, and to be freed from financial obligations to support the minor, because in the future, these functions must be performed by the new “father”.

When a teenager reaches 10 years of age, the court will necessarily take into account the opinion of the minor when making a decision.