How to renounce paternity: voluntarily, if the child is not your own, all the nuances

Author of the article: Anastasia Ivanova Last modified: January 2020 7164

Often men try to give up their parenthood. The father may have many reasons for this: from the usual reluctance to pay alimony to doubts about his blood relationship with the child. There are cases when the mother initiates the denial of paternity. The law does not provide for voluntary renunciation of paternity; this procedure can only be carried out through the court and for this you will have to provide weighty arguments and evidence.

Is it possible to renounce paternity voluntarily?

Content

The RF IC does not provide for a procedure for voluntary renunciation of paternity. In most cases, you will have to go to court, but the reasons vary:

birth of a child outside of a registered marriage;
challenging paternity by a man;
refusal by mutual consent to adopt a child by another man;
deprivation of father's parental rights.

Important! Guardianship authorities and the prosecutor's office are involved in the proceedings. It is in their interests to ensure that the child has a father. The easiest way is to issue a notarized consent for adoption by another person.

Let's consider all the options in detail.

The child was not born in an official marriage

According to Art. 48 of the RF IC, when a child is born out of wedlock, spouses submit a joint application to establish paternity. The man has the right to refuse, and then in the “father” column in the minor’s documents they will put a dash, or indicate the full name that the mother will name.

It is necessary to take into account the provisions of Art. 49 of the RF IC, according to which, if a man does not agree to submit a joint application, a woman has the right to go to court to establish paternity.

Challenging paternity

Challenging is carried out in court on the basis of Art. 52 of the RF IC, if a man is sure of a biological relationship with the child. Evidence needed:

testimony of witnesses confirming that at the alleged moment of conception of the child he did not live with his mother;
copies of correspondence;
audio and video recordings.

In some cases, DNA testing is prescribed. But its results are not fundamental for making a decision: all circumstances are considered in their entirety.

To challenge, you need to go to the district court at the defendant’s place of residence; the defendant is the mother.

Legal advice: if you want to challenge paternity, obtain testimony from neighbors who will confirm that you and the child’s mother did not have a relationship. There is no point in conducting a pre-trial DNA examination: the court may not include its results in the case file, since an official conclusion is needed based on the results of the test conducted on the basis of a court ruling.

Adoption of a child by another man

If a woman lives in a new marriage, the ex-husband (father) has the right to renounce paternity by obtaining notarial consent (Article 129 of the RF IC). In this case, the minor will be able to be adopted by the new husband through the court. Consent will be required from all parties: biological father, mother, adoptive parent.

Deprivation of parental rights

If you can reach an agreement with the child's mother, she can file a lawsuit to deprive the biological father of parental rights. But good reasons are needed (Article 69 of the RF IC):

abuse of rights;
failure to fulfill parental obligations;
non-payment of alimony;
child abuse;
chronic alcoholism or drug addiction;
committing a deliberate crime against the sexual integrity, life and health of a minor.

Important! The mother can file a claim. A man has no right to be a plaintiff and a defendant in one person - this is not allowed by the Code of Civil Procedure of the Russian Federation.

A man was deceived by his wife

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The official father has learned or suspects that he is not the biological father. He can file a petition to deny paternity and win the case. You can also become an official pope as a result of a combination of absurd circumstances. For example, spouses have been officially divorced for less than 10 months. A woman, without getting married, gives birth to a child from a stranger. In such a situation, how to legally renounce paternity?

Today, renunciation of paternity involves the independent collection and provision of documents on the reasons for filing a claim. At the hearing, further conditions for the fulfillment of parental responsibilities are discussed. Representatives of the prosecutor's office and guardianship participate in the court hearing to respect the rights of the minor. Without fail, the court considers the living conditions and premises where the baby is planned to live in the future.

If there are doubts about your own paternity, the law allows you to renounce paternity, subject to certain rules . In practice, it is possible to issue a waiver only if there are compelling arguments.

medical examination confirming the inability to have biological children;
documented circumstances confirming the absence of the official father next to the mother at the time of the baby’s conception;
proof that the spouse was with a stranger at the time of conception or lived with him for a long period;
a DNA examination procedure proving the man’s non-involvement in the conception and birth of the baby.

Consequences of denial of paternity

Within three days after the decision on deprivation of parental rights, adoption or challenging paternity, an extract from it is sent to the guardianship authorities and the registry office. Previous information about the child's father is canceled. If he is adopted, information about the adoptive parent is entered.

Having renounced paternity in any way, a man will not be able to take part in the life of his son or daughter: communicate, date. The mother has the right to limit such actions legally.

Another consequence is that after refusal, the ex-parent will not be able to inherit the property of the minor in the event of his death. With a child, everything is different: if the father is deprived of his rights, but he is not adopted, he will be able to claim the parent’s inheritance.

Grounds for cancellation

Challenging the very fact of paternity, as well as a previously made entry in the registry office, is possible only if the child is not a blood relative of the man.
This must be demonstrated by definite and irrefutable evidence. Representatives of the stronger sex have the right to write down someone else's child in their own surname, depending on a variety of situations.

For example, a man married a girl who has a baby or a teenager. Subsequently, the lovers got married, and the newly-made husband offered to adopt the minor. In other cases, men simply do not suspect that the baby was conceived from another person. There can be a huge number of reasons.

At the same time, we must not forget that if a woman is married to a man, then his paternity is automatically indicated on the marriage certificate. His consent to this is not required.

If you pay attention to judicial practice, there are only three reasons in the presence of which a representative of the stronger sex has the right to file a lawsuit:

the biological father of a minor child expresses a desire for his last name to be indicated in the “Father” column on the birth certificate. He does not want an interim pope to be written into the document;
if a representative of the stronger sex was recognized as the father of the baby, but in fact is not one. In this case, a claim to challenge paternity should be filed through appropriate legal proceedings;
if there are other interested parties who have a great desire, due to any circumstances, to cross out the man indicated on the birth certificate from the document, since he is not one.

It should be clarified that such claims have no statute of limitations. It is for this reason that every person can exercise his right to revoke paternity at any convenient time.

There are a number of situations where, under current legislation, the right to challenge paternity may be limited:

for example, if a representative of the stronger sex was recognized as the father of the child, but he does not have any family ties with him. Also, this person is not in a legally registered relationship with the minor’s mother. In such a situation, it is also extremely important to state that the fact that you are not the father of the child was known even before the entry was made in the registry office;
if the baby was born as a result of artificial insemination. In this case, it is extremely important to provide written permission from both spouses;
if the person expressing a desire to file a claim is not classified as a person who has the legal right to do so.

As can be understood from this information, the state has limited the list of citizens who have the right to apply to the judicial authorities with a corresponding statement of claim.

How to register a renunciation of paternity with a notary?

Sometimes men formalize a mutual renunciation of paternity by mutual desire with women who have already begun to live with other men after a divorce. Based on Art. 129 of the RF IC, you need to draw up a consent for adoption from a notary. The document can be revoked at any time before a court decision on adoption is made.

What the procedure looks like step by step:

Registration of notarial consent of the father and mother.
Submission of documents to the guardianship authorities. It is important that the adoptive parent meets the requirements established by Art. 127 of the RF IC: no criminal record, full legal capacity, stable income, no medical contraindications. Former adoptive parents or guardians cannot be adoptive parents if guardianship or adoption was canceled due to their fault.
Inspection of living conditions by guardianship and trusteeship authorities. Based on the results, an act is drawn up.
Receiving a decision on the possibility of becoming an adoptive parent from guardianship.
Submitting an application for adoption to the district court. The biological father is involved as a third party. They may ask the opinion of a child over 10 years old.
Obtaining a court decision. It is issued within 5 days and comes into force in a month. This time is given to challenge it on appeal.
Making changes to the child's documents.

From the moment of contacting the guardianship authorities, the entire procedure is handled by the mother and the potential adoptive parent.

Contents of the application for consent to adoption

The application contains the following information:

Full name, date of birth, passport details of the mother or father giving consent;
date of birth, full name, details of the child’s certificate or passport;
Full name, passport details of the potential adoptive parent (optional);
date of compilation, signature.

Sample document:

Documentation

To obtain consent from a notary, you will need a parent’s passport, a passport of a child over 14 years old, and a birth certificate for those younger.

In the future, for adoption, the adoptive parent submits an application, a certificate of income, and a conclusion from the guardianship authorities to the court.

How much do notary services cost?

Certificate of consent will cost 500 rubles. Technical design services are paid separately, the cost can reach 5,000-10,000 rubles.

Where to go after obtaining consent?

Having completed the consent, the biological father must give the document to the mother to the child. Subsequently, at the request of the adoptive parent, the issue is considered by the court in a special proceeding. The presence of the father is not necessary: this is required only in the absence of notarial consent.

Denial of paternity in favor of another man: judicial practice

As mentioned earlier, it is impossible to file a statement in court for a voluntary renunciation of paternity, but you can challenge the relationship or give consent to adoption. Here are some example solutions:

Decision No. 2-4866/2019 2-4866/2019~M-2438/2019 M-2438/2019 dated July 15, 2020 in case No. 2-4866/2019 on challenging paternity, canceling entries in registry offices.
Decision No. 2-210/14G 2-210/2014 of July 21, 2014 on the adoption of a minor with the consent of the parents.
Decision No. 2-4063/2017 of October 9, 2020 in case No. 2-4063/2017 on the adoption of a child with the consent of the father.

Important! In most cases, courts approve adoption, the main thing is to prove that the adoptive parent will properly provide for and treat the child well.

Biological dad

Attention! The articles describe typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem - and get a free consultation:

There are situations when the biological father voluntarily renounces parental rights, transferring them to a stranger. The biological father does not want to hear about the birth of the baby and is ready to voluntarily assign parental rights to the official spouse of the offspring’s mother.

A stranger does not mind and is ready to accept the responsibility of raising a child. The court case ends quickly.

The court decides to simultaneously recognize a stranger as the father and satisfy the claim for the voluntary refusal of the official father.

Voluntary withdrawal process.

Write an application and have the paper certified by a notary.
With the help of documents, allow the adoption of your biological child by a stranger.
Confirm what was written by the child's biological mother.
Submit an application and the necessary documents and certificates to the court.

Need to remember:

renunciation of paternity does not provide for complete exemption from payment of alimony at the time the judicial authority makes a decision in favor of the plaintiff’s claim. Before adoption, the current father is required to pay child support;
after the trial, the offspring continue to claim the acquired property of the biological father. If it is not the biological father who renounces paternity, then the “former” children lose the right to claim an inheritance.
officially the “former” father will be listed as the “real” father for another six months. The procedure for transferring parental rights to a stranger lasts 6 months. The biological father is given a period of 6 months to consider his decision and withdraw the application.

Lawyer's answers to frequently asked questions

Is it possible not to formalize consent with a notary, but to declare it in court?

Yes, Art. 129 of the RF IC allows this. You don't have to spend money on a notary.

Is it possible to refuse paternity over the child of my wife from her first marriage if at the time of establishment I knew that he was not my own?

No. According to Art. 52 of the RF IC, it is impossible to file an application to challenge the relationship if at the time of making entries in the child’s documents the man knew that he was not his own. It is possible to deprive parental rights at the initiative of the mother.

Is it possible to return previously paid child support in case of voluntary renunciation of paternity?

No, except for the cases specified in Art. 116 RF IC:

the court decision to collect alimony was canceled due to the provision by the collector of false information or documents;
establishment of the fact of the conclusion of an alimony agreement by the payer under the influence of deception, threats, or physical influence;
provision by the claimant of a fake decision or writ of execution for forced withholding of payments.

In other situations, it will not be possible to challenge.

Is it possible to refuse child support if paternity is denied?

No, this option is not provided. You will have to participate in the maintenance of the child until he comes of age or is adopted after the father is deprived of parental rights.

Is it possible to renounce paternity through contestation after the child reaches adulthood?

Yes, you can challenge a relationship at any time. But the guardianship authorities will not be involved - they protect the interests of minors. Subsequent adoption is optional.

Will alimony be ordered?

Will alimony be ordered? This is a complex question, and the answer is given in the RF IC. Refusal of paternity constitutes deprivation of a man's parental rights, and the RF IC regulates what such a decision will lead to. It is important to understand that the legal procedure is not capable of canceling biological kinship (severing all ties is allowed in exceptional cases and if there are specific grounds), and it should not affect the child.

In particular, a man deprived of parental rights loses all rights to receive government payments or any guarantees that are legally associated with parenthood. But a citizen is not exempt from maintaining his own children (Part 2 of Article 71 of the RF IC). It will not be possible to write a waiver of alimony. The best thing to do is acknowledge them and pay them promptly.

In general, in court, when depriving parental rights, the judge will also consider the issue of assigning alimony and its amount (Article 70 of the RF IC). In this case, a man deprived of parental rights loses the right to demand child support from an adult child.

Regardless of whether a man is deprived of parental rights or not, the court retains the minor’s rights to:

movable and immovable property (if any);
use of residential premises for living;
use of other rights arising from consanguinity (inheritance of the property of the father or his relatives, which is regulated by the Tax Code).

Read also: How to apply for a foreign passport through State Services?

Alimony is material payments that are aimed at ensuring the normal financial situation of a minor. In this situation, the mother does not have the opportunity to refuse to receive child support. Refusal implies infringement of the child's rights, and this is unacceptable.