Voluntary renunciation of parental rights by father or mother

How to abandon your parents?

What are the legal ways?

There is no such thing as abandonment of parents in the Russian Federation. If the person who wants to abandon his guardian parents is still a minor, then he can assist in the deprivation of parental rights, however, here’s the problem: he cannot file it himself.

The question here is: is this beneficial to him? Because if guardianship is not formalized in the future by any of the relatives (grandmothers, aunts, older brothers/sisters), then he will end up in an orphanage.

If the person who wants to “abandon his parents” is over 18, then Article 87 of the Family Code will help him: having collected all the necessary evidence that the parent shirked his responsibilities, he actually refuses to help his parents in old age.

Sometimes such actions are worth resorting to.

For example, if your parent, or both, did not fulfill their responsibilities, you lived with your mother without a father or with your grandmother without parents. Once you reach 18 years of age and a parent becomes incapacitated, you are obligated to support them. Imagine that a “prodigal father” appears and the court demands that a portion of the income be paid to him.

If he was not deprived of parental rights at one time, then whether he was seen before or not does not matter, be so kind as to support him.

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.

Is it possible to refuse after adoption?

Relationships do not always develop between an adopted child and his new “father.” According to Art. 140 of the RF IC, in such situations it is possible to cancel adoption and terminate parenthood.

The legal process in case of cancellation of adoption takes place with the involvement of employees of supervisory authorities (prosecutors, guardianship department). According to Art. 141 of the Family Code, in order to cancel an adoption, you will need to present documentary evidence in court:

• refusal of obligations imposed by law on the adoptive parent;
• abuse in the family;
• various forms of addiction (alcohol, drugs, etc.);
• inability of the adoptive parent and adopted child to interact with each other, lack of contact;
• personal will of the child.

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Court hearings consider the issue similarly to cases of deprivation of the rights of a natural father. It is allowed to include witnesses in the proceedings in the form of neighbors, colleagues, teachers, and other eyewitnesses to the facts of improper behavior of the adoptive parent and the absence of positive relationships.

Abandonment from parents after 18 years of age

Sometimes mothers also take the initiative to renounce paternity. Sometimes they do not need help in raising and supporting their children, they are not afraid of the status of “single mother”, they are not stopped by the procedure of genetic examination and the painful process of depriving the father of parental rights. For these parents, the only question is how to legally formalize the abandonment of the child.

And about whether a father who is no longer a father should pay child support.

How is it possible to abandon my parents if I am 40 years old and they are about 70. That is, legally deprive them of the right to dispose of any documents of their adult child without his knowledge.

03/13/2013 Hello. I am 25 years old.

Because of my parents, I have constant problems (they have debts on loans and payments, they don’t work, and my mother often drinks), based on all this, I am constantly denied 19.

Depending on your age and situation, you may be able to take legal steps to rein in your family. I thought you could. but I read what Pavel Astakhov said in response to the following question: Question: I am 23 years old, my sister is 17, I would like to know how we can renounce our father, or his paternity over us (I don’t know exactly what it’s called), so that he did not file alimony against us when he reached his retirement age.

The application must also be accompanied by other documentary evidence confirming the information included in the claim. It is not easy to independently carry out the procedure for depriving a mother or father of a minor citizen of the Russian Federation. To do this, it is better to contact a family law lawyer.

Our lawyers will help resolve your issues. Russian legislation does not provide for the father's voluntary renunciation of his rights to the child.

Disabled people are disabled people of groups 1, 2, 3 and persons with various health impairments.

Unfortunately, the institution of “abandonment of the father” is not known to Belarusian legislation. The Code on Marriage and Family contains provisions on deprivation of parental rights.

However, these rules apply only to minor children: Article 80.

Deprivation of parental rights Parents or one of them may be deprived of parental rights in relation to a minor child.

Consequences of relinquishing parental rights

Voluntary relinquishment of parental rights has the same consequences as forced deprivation.

Refusal involves removal from:

• functions of education (care),
• representing the child as his offspring in all instances,
• protection and demand from strangers holding the baby,
• rights to inherit the child’s property after his death,
• rights to receive benefits and benefits from the state due to real parents.

Such fathers should not count on alimony from abandoned children; in the event of incapacity for work, no court will be able to force a child abandoned by his parents to provide assistance in their maintenance.

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.

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.

Rules and conditions for paying child support after 18 years of age

However, in order to deprive one of the parents of parental rights, the grounds provided for by law are necessary. So, in accordance with Art. 69 of the RF IC: parents (one of them) may be deprived of parental rights if they: - evade fulfilling the duties of parents, including malicious evasion of alimony payments; - refuse without good reason to take their child from the maternity hospital (ward) or from another medical institution; - abuse their parental rights; - children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity; — are patients with chronic alcoholism or drug addiction; - committed a deliberate crime against the life or health of their children or against the life or health of their spouse. A minor cannot independently deprive his father of his rights (except for cases specifically provided for by law) - he will need to seek help from a legal representative. Most often, this is the mother of the child; in her absence or dishonest performance of parental responsibilities - the guardianship and trusteeship authorities. How to deprive a parent of the right to receive financial assistance from adult children? In accordance with the provisions of the Family Code of the Russian Federation, an able-bodied child who has reached the age of majority is obliged to provide financial assistance to his parent if the latter is in need and disabled. If the child refuses to fulfill this obligation, the father or mother has the right to go to court. However, the above rule does not apply in all cases.

Why do adult children move away from their parents?

5 reasons why adult children become less frank with their parents, and sometimes stop communicating with them completely.

1) A parent does not like the husband or wife of his adult child.

Many people consider their parents' behavior to be normal until they start their own family. And here adult children begin to look at their parents’ relationships critically.

If parents have manipulated their child in the past, they want this to continue. Moreover, I want my son-in-law or daughter-in-law to become the object of manipulation.

If they do not get their way and even lose the previous control over their son or daughter, quarrels, slander, petty complaints and domestic disagreements arise. The parents have one goal - to force their son-in-law or daughter-in-law to submit or to achieve a divorce. As a result, the young people get divorced or live separately, ceasing to communicate with their father and mother.

Parents should respect their adult children and their spouses, whether they like them or not.

They need to understand that they cannot be the only and most important people in the life of their adult child. Once married, he does not leave them. He cares about his family as much as he cares about them.

The sooner parents understand this and stop being owners of an adult child, the better their interpersonal relationships will be.

2) The parent refuses to apologize.

Not apologizing is a sign of narcissistic personality disorder. This is how the parent justifies actions that are offensive to others.

No matter how much adult children try to convey their point of view to their father or mother, they inspire the children that, on the contrary, they are to blame, they must apologize for something. Such misunderstanding between representatives of different generations lasts for years.

If your action hurt other people, you need to apologize without making excuses. A simple phrase is enough: “Please forgive me.”

If the child turns 18, can I refuse?

Types of debt From the point of view of the collection process, debt is divided into two main types:

1. debt that arises after the moment of assignment of alimony payments within the framework of a specific enforcement proceeding;
2. debt officially recognized in court after filing a claim for collection.

The first type is characterized by the formation of debt after the assignment of alimony by decision of a court order or in the presence of a voluntary agreement.

In particular, it is proposed to add a new article 85.1 to the current version of the RF IC on the right to alimony for children aged 18 to 24 years. Payment of alimony obligations for pupils and students after the age of majority will be provided both in voluntary form under an agreement on the payment of alimony, and through the court as a collection procedure.

The bill proposes to set the amount of child support for students over 18 years of age as a fixed amount, taking into account:

• family and financial status of the parties;
• other circumstances that deserve the attention of the court.

In this case, the basis for stopping payment of child support after 18 years of age will be completion of education or reaching the age of 24 years.

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Do I need to pay alimony after a positive court decision?

The characteristics of the boy will be entered into the electronic database of information for adoption; during this entire period before those willing to become a new family for the baby are found, alimony must be paid . After the adoption process is completed, the biological parent is released from alimony on the basis of Article 120 of the RF IC.

Yes, of course, it will not be possible to get rid of alimony payments immediately and forever, and they will need to be paid from the moment the court makes a decision until the day the adoption is formalized.

If the child is not adopted, then until he comes of age, alimony should go to his mother, guardian or institution where the child lives.

Sometimes, when in fact a married couple has separated for a long time, and the mother has another man who agrees to immediately adopt her child, the woman can ask her ex-husband to formalize a voluntary refusal , in which case the deduction of alimony to the natural father can practically be avoided.

The minimum period for which alimony will be withheld is six months.

Is it possible to abandon parents?

There are two ways a minor can be legally abandoned by their parents. The first is to emancipate. Emancipation is the recognition of a citizen who has reached the age of 16 as being fully financially independent and responsible for their actions. Emancipation is valid if a citizen is officially employed or if, with the permission of legal guardians and trustees, he works as an entrepreneur. Full legal capacity is established by the guardianship and trusteeship authority with the approval of the legal guardians or the court, if consent cannot be achieved voluntarily.

The second method is to deprive parents of authority over a minor if his life and health are in danger. To do this, a representative of the guardianship and trusteeship authorities or the second legal representative of the minor files a claim with the court at the place of residence.

In turn, read about how the father’s abandonment of a child is formalized here:

How to apply through court?

The reasons for filing a claim in court for abandonment of parents are determined by law:

• The parent does not fulfill his duties towards the child, does not pay child support;
• Without good reason, he refused to pick up the child from the maternity hospital, hospital, kindergarten, school, etc.;
• Abuses his powers;
• Abuses a child. Commits physical and psychological violence, violation of sexual integrity;
• Alcoholic or drug addict;
• Committed an intentional criminal act against the life and health of the family.

If these reasons exist, the second legal representative of the child or the guardianship authority has the right to file a claim in court for deprivation of parental rights, attaching the following documents:

• Metric of a minor;
• Document establishing paternity;
• EZhD extract;
• Certificates of parents' income;
• Extracts from the place of employment about the average salary.

The application must also be accompanied by other documentary evidence confirming the information included in the claim. It is not easy to independently carry out the procedure for depriving a mother or father of a minor citizen of the Russian Federation. To do this, it is better to contact a family law lawyer. Our lawyers will help resolve your issues.

Abandonment by father

Russian legislation does not provide for the father's voluntary renunciation of his rights to the child. The law only recognizes the revocation of the father's parental authority voluntarily or involuntarily. Voluntary renunciation is the consent of the father and mother to the father depriving himself of his rights to his offspring through the court, at his own request. In this case, he is obliged to transfer paternity to another citizen.

If a father is forcibly deprived of his rights to a child, he must not transfer paternity to another citizen. The law retains his obligation to pay alimony, and the child’s right to inheritance. After the court makes a decision on deprivation of parental authority, changes are entered into the birth certificate. A state fee of 200 rubles is paid for changing an entry in the documents.

A minor does not have the right to write a waiver from his father himself. To deprive him of parental rights, a minor citizen applies to the court through a representative of the guardianship authorities or a second legal representative, that is, the mother.

Mother's abandonment

The mother can write a refusal of her offspring in the maternity hospital and transfer it through the guardianship and trusteeship authority to the Baby House. Within six months after the voluntary refusal, the mother can cancel it and take the child for herself. After 6 months, through the court, the mother is deprived of parental authority, and the offspring is put up for adoption.

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It is possible to deprive a mother of parental authority legally. To do this, a representative of the guardianship authority or the father of a minor must draw up a statement of claim with a request to deprive the mother of her authority over the child and send it to the court. An adult citizen does not have the right to abandon his mother - this is not provided for by law.

How long will it take for the court to make a decision to deprive a mother or father of parental rights? A court ruling on the renunciation of the mother or father of their powers in relation to the child comes into force six months in advance. During this period, the mother or father can revoke their refusal at any time.

Grounds for refusal of a claim

Reasons why a court may refuse to satisfy a claim:

• Incorrectly drafted request;
• Lack of evidence in the case;
• Lack of testimony.

An application for abandonment of parents from a citizen who has reached the age of 18 is not considered or accepted by the court, since it does not have legal force.

What does the letter of the law say?

The law does not accept voluntary relinquishment of parental rights; there is no such article in the RF IC . Having written a waiver on the sheet, you should not consider yourself free as soon as the court makes a verdict, although, according to statistics, most claims on this topic are satisfied - there will be no refusal from the payment for the maintenance of the baby , the money will have to be transferred anyway.

There are families in which the head of the family oppresses the fragile teenager so morally and physically that the mother is ready to ask the father to renounce paternity.

If there is a contender for the place of the head of the family who will be happy to take on all the worries about someone else’s baby by adopting him , then why not do this for the common good, the only problem is in the father’s already occupied place, which he agrees to vacate of his own free will.

Art. 69,70,71 of the RF IC regulates the deprivation of parental rights, and abandonment of a child, in fact, is equivalent to deprivation of the rights of a parent .

An application to the court must be drawn up according to the rules prescribed in Art. 131 Code of Civil Procedure of the Russian Federation. The course of the trial must comply with the format of the requirements of paragraphs. 4 paragraphs 1 art. 23 and 24 Code of Civil Procedure of the Russian Federation.

Abandonment of family by minors

In the case of minors, there are two ways to legally disown one's own parents. First, it is to emancipate from your parents. Emancipation itself means recognition of a citizen who has reached 16 years of complete financial independence, and the person is also recognized as fully responsible for his actions. To be emancipated, a person must be employed officially, or independently, with the permission of legal guardians and trustees, to be an entrepreneur. In order to determine full legal capacity, the decision must be made by the guardianship and trusteeship authority with the approval of the legal guardians. Or this decision should be made by the courts, if it is impossible to obtain the consent of the guardians. It is also possible to deprive parental rights if the child is in danger of his life and health. To do this, you must file a claim in court at your place of residence. This must be done by a representative of the guardianship authorities or the legal representative of the minor.

Reasons for abandonment of parents recognized by the court

If a lawsuit is filed for abandonment of parents, there must be compelling reasons. These could be things like:

1. The parent is an alcoholic or drug addict.
2. Committing a criminal act intentionally against the life or health of someone from the family.
3. Abuse of your powers.
4. Failure to fulfill parental responsibilities towards a child.
5. Non-payment of alimony.
6. Child abuse, physical or psychological violence, violation of sexual integrity, etc.

If any of these reasons exist, the legal representative or the guardianship authority has the right to file a claim in court for deprivation of parental rights.

Judgment

As soon as the mother and father write an application to the court and the guardianship authorities with a request to deprive them of parental rights, the court considers the application and makes its own decision.

This scheme is standard. At the same time, at the court hearing, the issue of assigning alimony with a specific amount may be raised. As soon as the court decision comes into force, you need to come to the registry office within 3 days. Changed data regarding the origin of the child will be recorded here.

The state prosecutor and representatives of the PLO must be present at the trial. If they are absent, the meeting cannot take place. Representatives of these government bodies are required to monitor issues of providing alimony to minors. They are also responsible for providing him with a further place of residence and securing his rights when the court makes a decision.

Lawsuit for abandonment of parents

To file a lawsuit for deprivation of parental rights, you must go to the court at your place of residence. You will need to attach the following package of documents:

1. Birth certificate.
2. Extract from the EZhD.
3. Certificates of parents' income.
4. Documents establishing paternity.
5. An extract from the place of employment about the average salary.
6. Statement of claim.

In addition, it will be necessary to attach documentary evidence to the application confirming the reasons for filing the claim. The best solution would be to contact a lawyer specializing in such cases.

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The court may refuse to satisfy the claim if the statement of claim is incorrectly drawn up, there is no evidence base in the case, or there is no witness testimony. The claim of a citizen under 18 years of age is not considered by the court.

Parental abandonment of child

Russian legislation does not provide for the voluntary renunciation of his rights to a child by a father. However, it is possible to revoke the father's parental authority voluntarily or compulsorily. A father’s voluntary refusal with deprivation of rights to a child is possible at his own request, through the court with the consent of the mother, and he must transfer his paternity to another person. If the father's parental rights are forcibly terminated, he must not transfer paternity to another citizen.

The mother can abandon the child while still in the maternity hospital by writing a corresponding statement and submitting it through the guardianship and trusteeship authority to the orphanage. The mother has six months to voluntarily cancel the refusal and take the child. After 6 months, the court deprives the mother of parental authority, and the child is given up for adoption. It is possible to forcibly deprive a mother of parental rights on legal grounds. To do this, it will be necessary for representatives of the guardianship authorities or the father to write a statement of claim requesting the deprivation of the mother’s powers and presenting the reasons for such a decision.

I want to give up my adult son, he is 40 years old

Hello The law does not provide for parents to abandon their children. Therefore, you will not be able to Abandon your 40 year old son. Good luck, thank you for visiting our website. REMOTE preparation of documents and consultations on a paid basis.

Sincerely, Candidate of Legal Sciences, Moscow lawyer Prudius E.V. Natalia. Good afternoon.

There is no way to give up a child. Maybe there is a person who is ready to adopt a child. In this case, your ex-husband should participate in this.

You can always find a way out of any situation.

Good luck to you and all the best for the outcome of your case.