How to write a refusal of a child: a sample statement from the father and mother

Home » Paternity and Maternity » Voluntary renunciation of paternity

Every person has a father and a mother - his biological parents. But, often, they do not want to fulfill their parental duty and abandon the baby. Russian legislation protects the interests of the child, therefore unjustified refusal of paternity or maternity is prohibited by law.

But what should a father do when he is sure that the child is not his? In this case, does he have the right to voluntarily renounce his parental rights and responsibilities towards the child, and, if so, how can he exercise it?

Is it possible to refuse paternity?

From the point of view of the law, such a procedure as renunciation of paternity is not provided for. It is impossible to get rid of paternal obligations voluntarily or forcibly.

Do not forget! A father deprived of parental rights still remains obligated to pay child support. But at the same time, he is deprived of the opportunity to somehow participate in the fate of the baby.

But, any rule has a number of exceptions. You can lose your father's title voluntarily or in court:

1. If the baby’s mother has found a new husband who intends to adopt the child.
2. If a man suspects there is no blood connection with the child. In this case, the court releases the man not only from parental rights, but also from responsibilities.

Consequences

The procedure for depriving parental rights has the following legal consequences:

• the father cannot care for, educate, communicate and spend time with the child;
• does not have the right to represent the interests of his son or daughter in any institutions and organizations;
• is not an heir in the event of the death of a child;
• cannot claim alimony from a son or daughter in old age.
• benefits and benefits related to the maintenance of a child are not assigned to him.

It is important to know that the obligation to pay child support is not canceled as a result of a denial of paternity. The provision of monetary support on a general basis continues until the son or daughter reaches 18 years of age.

Termination of such obligation applies only if the child is officially adopted by another man. In this case, the adoption procedure can be started after 6 months from the date of entry into force of the court decision on deprivation of the rights of the biological parent.

USEFUL INFORMATION: Claim for deprivation of parental rights of a father (mother), sample

Deprivation of the father's rights to the child

Some men express their desire to renounce paternity. There can be many reasons for this:

• reluctance to raise a sick child (Down syndrome, cerebral palsy, etc.);
• doubt about the fact of one’s own paternity since the moment of maternity hospital;
• unwillingness to fulfill the duties established by law;
• marginal lifestyle, etc.

To initiate a challenge to the fact of paternity, it is necessary to obtain a court verdict indicating that the man has been deprived of his legal rights to the child.

The court, which is obliged to make decisions, can not only deprive the father of parental rights, but also limit him in them.

Who is allowed to go to court and bring a claim for deprivation of rights to a child?

The following may file a claim to annul the rights of a minor and abandon the child:

1. The mother and father who are recorded on the baby's birth certificate.
2. Biological mother and father who are not recorded on the baby’s birth certificate.
3. Persons appointed as official guardians and trustees of the child.
4. Citizens who have a dependent child.
5. A “former” child who has become an adult.
6. The prosecutor (or guardianship inspectors), subject to compelling reasons and arguments.

The law provides for a number of exceptional situations in which renunciation of existing paternity is not considered by a judge:

• if at the time of recording information about the birth of a child in the registry office, the man was informed that there was no biological relationship with the baby;
• if there is written approval from the actual father to carry out artificial insemination of a woman.

Here is a sample form for a claim for deprivation of rights to a child:

application for relinquishment of parental rights by father

Expert opinion

Viktor Evgenievich

Representative of a private law firm, work experience - 7 years

Remember! Voluntarily abandoning your child is, in essence, the same thing as giving up paternal responsibilities and rights. Russian law allows this to be done only through the courts.

Reasons for refusal

In the modern world, the reason for refusing to fulfill your parental responsibilities can be anything: from irresponsibility and unwillingness to do anything for your child to the real impossibility of somehow providing for or raising your own child.

We suggest that you familiarize yourself with the most common reasons for the father’s abandonment of a child. These include:

• Exemption from payment of alimony. It is most often guided by illiterate people who naively believe that it is true. In fact, the abandonment of a minor does not in any way affect the obligation to provide for him until the moment when, from the point of view of the law, he can do it himself, i.e. until he comes of age. This means that having “unsubscribed” from the child, the negligent parent will still have to provide for him;
• Doubt about paternity. It is the second most popular reason for abandoning a child. In this case, the court, before making a final decision, will order a DNA test that will confirm/refute paternity. If the spouse’s doubts are nevertheless confirmed, the data about him will be immediately deleted from the child’s birth certificate and the relevant documents of the maternity hospital. If the results of the examination confirm paternity, the father will be denied rights to the child.

The reasons for abandoning a newborn who has not even been discharged from the maternity hospital should be included in a separate group:

• Too young parents who are not ready to take on such a serious responsibility as the birth of a child;
• A serious illness diagnosed in a child;
• Financial insolvency;
• A new relationship (marriage or change of partner) that prevents a man from providing for a child from his ex-wife/partner.

Voluntary refusal and its important points

The situation when the father is incapacitated or he has died requires special attention: voluntary renunciation of the title of father presupposes an understanding of the consequences of this.

Upon completion of the procedure for renunciation of paternity, the rights of the father are transferred in favor of the mother or adoptive parent. They can also be stopped completely.

When transferring paternal rights to another man, all documents must be notarized. If the child has already turned eighteen, then it will be impossible to file an application to renounce paternity in relation to him.

In the text of Art. No. 61 of the RF IC, states that the rights and responsibilities of parents end from the moment a young citizen reaches adulthood.

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: Application for establishment of adoption: sample

Deprivation of paternity by mutual consent of parents

Situations often occur when a woman gives her consent to renounce parental rights to her father’s child voluntarily. This happens when the mother of the baby:

• knows that the man whose name is indicated on the child’s birth certificate at the registry office is not the child’s biological father;
• entered into a subsequent marriage, and the new spouse expresses a specific desire to adopt the child, but the biological father is not involved with him.

If the above circumstances occur, then parents can formalize a voluntary renunciation of paternity by filing a statement of claim in court.

Challenging paternity is a procedure that can be initiated by the following persons:

1. By the man whose name is written on the birth certificate of the child, by filing a claim against the child’s mother.
2. By the biological father, through a claim against the parent listed in the civil register as the father.

In practice, when a child is born in a legal marriage, the husband of the child’s mother is indicated as the father. The same rule applies for three hundred days from the date of dissolution of the marriage.

Note! Provided that a man and a woman express mutual consent to formalize the renunciation of paternity, the procedure is carried out voluntarily in the courtroom.

If both participants in the court hearing agree with the claims, then genetic DNA testing may not be done.

Does the father's abandonment of the child exempt him from child support?

The current legislation of the Russian Federation does not provide for a legal mechanism for abandoning a child. In society, this is considered immoral and unacceptable, but due to various circumstances, parents take on such responsibility.

According to statistics, in most cases, refusals are written immediately after the birth of the child. Both parents simply do not pick up the baby from the hospital. But sometimes this is done later, and in this case the father’s abandonment of the child is often formalized. Such a decision is very difficult to make.

However, if it is nevertheless accepted, you should know how a father can abandon a child so that everything is formalized legally. And although there is no such article in the legislative framework, the state provides the opportunity to write an application for the father to abandon the child according to the established model.

The procedure is carried out only in court. It can be initiated voluntarily by writing an application to deprive the father of parental rights. In this case, payments to support the child are not canceled and the former parent remains responsible for the financial support of the son (daughter).

That is, depending on the circumstances, the court may order the former father to continue making payments required by law. The refusal of the father's rights to the child in itself does not automatically exempt him from alimony.

However, there are some nuances to this issue; they will be discussed further.

Reasons for refusal

In most cases, men are prompted to take this step by their reluctance to provide financially for their children. Many people believe that they can abandon their child in order to no longer pay child support. In fact, this opinion is wrong.

Family law establishes that when parental rights are deprived, any obligations of the minor in relation to the parent are terminated, and the obligations of the parent in relation to the child are retained by him until the established period (reaching the age of majority or emancipation). Thus, the son or daughter also retains property rights - he (she) can claim the inheritance equally with the father’s other children.

Let's consider valid reasons for refusal:

1. Establishing the fact that the child is not related to the father by blood. To do this, a man needs to undergo a genetic examination, which makes it possible to determine the degree of relationship with 99.9% accuracy. If the DNA test determines that he is not the biological parent of the child, all records of paternity will be canceled. The former parent is also exempt from paying child support. If a man, when entering his data into the child’s birth certificate, knew that he was not his own, or gave written consent to the use of someone else’s biomaterial for artificial insemination of his wife, it is no longer possible to refer to the lack of kinship. The court will refuse to challenge paternity or order child support to be paid before the deadline established by law.
2. Remarriage of the mother, if her new spouse expresses a desire to adopt a child. To do this, the new family can write a request to the biological parent for the voluntary deprivation of their rights and consent to the adoption of the child by the stepfather. The parent is released from all obligations for upbringing and maintenance, including the need to pay alimony, since they are delegated to the adoptive parent. In this case, the minor is not recognized as needy. The application for the transfer of paternal rights must be drawn up in the presence of both parents and certified by a notary.
3. Writing a statement of refusal if the child was adopted by a man. Only in such a situation does the procedure take the form not of deprivation of parental rights, but of cancellation of adoption. To get a positive decision in such a case, the adoptive parent must be provided with compelling reasons for his action.

Refusal procedure

In order to formalize the deprivation of paternal rights, the judge must submit all the necessary documents. Depending on the circumstances and reasons that led to such a decision, their list may vary, but two of them are the main ones.

Documents required for the procedure:

• notarized refusal;
• written application to the court.

For the refusal to have legal force, it must be drawn up in the prescribed form and must be certified by a notary. For this purpose, you can contact any notary office that has the appropriate forms and samples for filling them out.

After drawing up the refusal, it, along with the application, is sent to the court, which considers the case in detail and renders a verdict on the advisability of depriving parental rights. In addition, the court determines the need to pay alimony or completely releases it.

If the child’s father is a chronic alcoholic or drug addict, the document on refusal need not be notarized. The mother herself can initiate the procedure for depriving the father of parental rights on the basis of his illness.

When considering such a case, representatives of the guardianship and trusteeship authorities who support the interests of the minor must be present.

The application for refusal must contain the following information:

• details of the judicial authority that will consider the case;
• passport details and registration of the applicant;
• personal data of the child abandoned by the parent;
• statement of the fact of a decision to refuse;
• the reasons that prompted you to commit such an act;
• permission for possible adoption;
• consent to deprivation of parental rights;
• signature and date of application.

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If the applicant does not wish to attend the hearing, he can indicate this in the application as a separate paragraph. Then the decision will be made without him. If he does not write this down and does not appear at the court hearing, the judge has the right to issue a refusal in the case, recognizing the reasons given as disrespectful.

Collection of alimony

The issue of financial support for the child is considered in the same process as the deprivation of parental rights from the father. The guardianship authorities submit to the judge a report on the examination of the child’s living conditions, on the basis of which the necessary calculations are made.

When calculating the amount of alimony, the following factors are taken into account:

• the health status of the minor;
• father's financial situation;
• wishes of the mother (guardian, trustee) of the child.

If during the course of the case it is revealed that the son (daughter) or mother suffered physical harm due to the actions of the former parent, they can submit an additional application to the court for compensation for the damage caused. The judge takes the side of the victims, makes a decision in their favor and obliges them to pay the required amount.

When considering the case, the court may also find that the parent has evaded financial support for his child for a long time. Based on this, the judge may order alimony to be paid for the past period. As a rule, liabilities are determined in a fixed amount.

If the former father refuses to pay alimony or simply avoids it, the recipient must submit a corresponding application to the bailiff service, who will calculate the debt and collect it in the prescribed manner. If the applicant does not agree with the decision, he has the right to file a complaint with a higher court.

According to the law, along with the deprivation of parental rights, there is a restriction thereof, which does not affect financial support obligations and does not exempt the child from the need to pay child support.

Source: https://vsemobrake.ru

Voluntary renunciation of paternity: stages of passage

We invite you to find out the stages of how to renounce paternity of your own free will? In order to obtain a voluntary renunciation of the title of father, one must overcome a number of “steps”:

1. A man applying to become a father must speak with the formal father to fully explain the situation to him.
2. If they can agree, then the formal father will wait for the court summons without leaving the city. Then, in court, he will confirm his voluntary renunciation of paternity by informing the judge in person (or must write a written petition).
3. A man who initiates a voluntary renunciation of paternity must file an application with the court (this can be: an appeal from the biological father to the legal father, or from the legal father to the child’s mother). As a rule, the second option is common in court.
4. If both parties agree with the requirements of the claim, the judge will issue a verdict on the renunciation of paternity and changing the registration record in the registry office.

According to the law of the Russian Federation (as well as Ukraine, Kazakhstan and Belarus), all lawsuits regarding paternity must be considered with the participation of a prosecutor and an inspector of the guardianship authorities. Official representatives of these government bodies are called upon to ensure that the interests of the child are strictly observed, in order to protect him from causing him moral and other harm. In the statement of claim, you do not have to indicate all these representatives as participants in the process: the judge will independently involve them in the consideration of the case.

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.

Read also: State duty on alimony in 2020

However, deprivation of parental rights does not exempt citizens from mandatory cash payments.

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.

Denial of paternity if the mother is deprived of parental rights

If a mother is deprived of parental rights, the father cannot waive his rights and obligations towards the minor. In the case of legal registration of parental rights, the man is obliged to take care of the baby: raise him and pay child support.

Note! If the father refuses to fulfill his legal duties in relation to the child, he may be deprived by the court of parental rights for guilty behavior, but with the obligatory preservation of all paternal responsibilities to provide for the child (Article No. 69, clause 2 of Article No. 71 of the RF IC) .

Voluntary renunciation of parental rights by the father

Quite rarely, but still, some situations happen in life when the father does not want to continue raising his child. At the same time, he urgently demands that he be completely deprived of all his parental rights in relation to his minor child.

Everyone has their own reasons for this - some do not want to bear parental responsibility for their baby, while others do not need any child at all.

If the father is ready to take such an extreme measure, then one must always remember that it will not be possible to simply throw off this “burden”, because there are many nuances in order for this procedure to be implemented.

The procedure for voluntary relinquishment of parental rights

It is important to remember that a man can renounce his parental rights only consciously, when he understands what he is doing and what consequences will follow. And first of all, you need to clearly understand that voluntary refusal is only an additional factor in order for you to be deprived of parental rights.

For example, if the child’s mother filed a lawsuit to deprive the father of his parental rights, then you voluntarily write a statement about the denial of such rights, attaching it to the corresponding statement of claim.

The court can deprive you of parental rights with your consent only if there are substantial grounds for this.

In case of voluntary refusal, the grounds will be the same on the basis of which the forced deprivation of parental rights occurs.

Such grounds may include:

• alcohol or drug abuse;
• ignoring your responsibilities for raising children;
• manifestation of cruelty or violence towards a child;
• non-payment of alimony;
• or in case of committing a crime that directly poses a danger to a minor.

It is important that you can prove these grounds in court.

In order to voluntarily renounce parental rights, the father needs to write a corresponding statement, after which it must be certified by a notary. In such a statement, the father voluntarily agrees to renounce his parental rights.

It must indicate the reason why the father wants to renounce his rights, and stipulate exactly how his parental responsibilities will be carried out in the future.

Afterwards, you send the certified document to the court, so that the court can decide your future future.

It is important! By the way, if you wish, you don’t have to appear at the court hearing at all; you just need to write a request that your case be considered without your direct participation.

When considering your case, both the prosecutor and the guardianship and trusteeship authority must be present at the meeting, because this case concerns a minor child. His rights should not be violated under any circumstances and everything should be done solely in his interests.

As a rule, if the father wants to abandon the child, then this should not be a problem, since the court almost always satisfies such demands.

Father's refusal of parental rights upon adoption

There is another option for voluntary renunciation of paternity - this is when a father abandons his child so that another man can adopt him. As a rule, such a man is the new husband of the child’s mother.

Such an adoption requires that the real father give up his child and, in addition, consent to his adoption.

Such consent must be expressed in a written statement, which is certified by a notary or by the guardianship and trusteeship authority.

If suddenly the father first gave his consent, and then changed his mind and decided to refuse, then he literally has 6 months to do this. After the given period expires, the father will no longer be able to return the child to himself.

After all, after this time, the registry office automatically crosses out the father’s name and vacates this line, thereby making it possible for another man to adopt this child.

Consequences

If you voluntarily renounce your parental rights, the following consequences occur:

• the father cannot contact his child;
• he also withdraws from his upbringing;
• the father can no longer be the legal representative of his child and protect his interests before any persons;
• in the event of the death of a child, the father has no right to inherit his property;
• the father will no longer be able to receive benefits and child care benefits;
• If the father becomes unable to work, the child will not be required to pay him alimony.

Generally speaking, if you voluntarily renounce your parental rights, the same consequences occur as if you were deprived of such rights. Indeed, in its essence, voluntary renunciation of paternity is equivalent to its deprivation.

It is important! But the child is under no circumstances deprived of his rights. The father must necessarily provide financially for the minor by paying him a certain amount of alimony. And the child, in turn, will continue to be the heir to the property of his former father. If the child is adopted by another man, the father is released from such obligations as paying alimony. Although also not in all cases, because each situation is considered individually and here they take into account both the financial situation of the father and the financial situation of the adoptive parent. But in most cases, during adoption, the biological father is still exempt from paying such alimony. It is also important to note that this issue is not enshrined at the legislative level at all and is not regulated by any regulations. And although in practice this procedure is still carried out.

Most likely, this is due to the fact that there are not so few people in the world who voluntarily abandon their children, and if the courts rejected absolutely all demands due to the fact that this procedure is simply not spelled out in the law, then this would not would lead to nothing good.

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After all, sometimes it is simply necessary to isolate the parent from the child for his own good. And in exceptional cases, unacceptable parents still understand this, resorting to such extreme measures.

Source: https://odinzamok.ru

Adoption by another person: is the child’s consent required?

When an application for relinquishment of parental rights in favor of the adoptive parent is completed, it is necessary to provide consent to the adoption in writing and consent to the transfer of responsibilities for the child.

A man who wants to adopt a child is obliged to contact the guardianship authorities. The court will require consent from the actual father: it must be in writing and certified by a notary (or guardianship authorities).

Expert opinion

Elena Vladimirovna

Bailiff for the Petrogradsky district of St. Petersburg, work experience - 3 years

You should know! A child who is already 10 years old at the time of the court hearing must give his consent to adoption (Article No. 72 of the RF IC). But, part 2, art. No. 132 says that if a child has lived for a long time with a person who wants to adopt him, and considers this person to be his parent, then the court will not require the consent of the minor.

Also, the court will not require the consent of the actual father to carry out the procedure for renunciation of paternal rights if:

1. The father has disappeared and his place of residence is unknown.
2. The father was declared incompetent.
3. The man does not participate in any way in the life of the baby, without showing any interest in him.
4. The father has not paid child support for more than six months.
5. The man lost his father's rights as a result of a judicial procedure.

Abandoning a child: a fatal mistake that does not relieve responsibility

Different situations happen in life, but it is simply impossible to justify abandoning a child from a moral point of view. However, such a concept as “abandonment” of one’s own child is not provided for by the Family Code. Nevertheless, such a phenomenon in modern life is less and less surprising.

Young couples, neglecting contraception, often find themselves in such “delicate” situations as the birth of a baby. Unprepared to take on the burden of responsibility for their offspring, or to provide for them financially, unfortunate parents tend to write a refusal while still in the maternity hospital. And some even run away from there in slippers and a robe, without even giving them the opportunity to issue a birth certificate for their baby.

What does the law say?

The process of abandoning a child is not provided for by law. But formally, you still have the right to fill out a special form in accordance with regulatory requirements, and when it is legally certified, that is, enters into legal force, you will lose any parental rights to the child.

But don't rejoice prematurely. The Family Code has provided for all the nuances, and even if you learn how to correctly formalize the abandonment of a child, you are not relieved of responsibility for its maintenance.

Moreover, you are obliged to take part in his upbringing, no longer being a mother or father.

Despite the fact that the procedure for abandoning a born child is not provided for by the laws of the Russian Federation, today young people who want to certify such a document are increasingly turning to notaries and lawyers.

Abandonment of a baby in the maternity hospital

Abandonment of a child by a young mother in a maternity hospital or neonatal pathology department is a phenomenon that cannot be called rare. The most unfortunate thing is that many new mothers do not even give the guardianship authorities the opportunity to register their baby in order to get a chance for his early adoption.

Formally, any woman can formalize the abandonment of a child in the maternity hospital. And this is a completely simple procedure, if you don’t talk about painful remorse for the rest of your life. How do you write this kind of abandonment of a child? By the usual traditional handwritten statement.

This document, along with other documents for the child, is sent to the guardianship authorities. And the little one now has only one road - to the Baby House. If the mother made a voluntary decision, the state is obliged to provide her with a “second chance.”

Within six months from the moment of birth, she can pick up the baby from the appropriate institution and reverse the process.

There are many such cases, and the reason for this is postpartum depression or the departure of the husband on the eve of such an important and responsible event. If the mother decides to return her baby, another paperwork will follow, but the child will be given back.

If, within a year, the mother has made no attempts to return and register the child, she is automatically deprived of parental rights. In this case, a temporary guardian may be appointed for the baby.

The right of guardianship remains with the father - he can take the child to himself (if there is a disagreement with the mother, and she does not attempt to take the child). Some close relatives also have the right of guardianship, but only with the official permission of the relevant authorities.

By the way, transferring a baby to an Orphanage is also possible under circumstances where a woman simply has nowhere to go with her child. In this case, guardianship can take a deceptive route and put pressure on the woman in labor, forcing her to write a refusal or voluntarily sign an adoption permit.

In fact, a young mother has the right to visit her child every day, breastfeed him, play and walk with him. And as soon as she has living conditions, she can take him without any obstacles. Please take this fact into account if the guardianship authorities put pressure on you. No one has the right to take your child away from you until he is 6 months old. And all their frightening fables are based only on their reluctance to bother themselves with another “refusenik.”

If the decision to abandon your child was made by you completely calmly, carefully and deliberately, it is better for you to act more or less nobly and not condemn the baby to orphanhood:

• cooperate with guardianship authorities;
• do not hide your name and passport details;
• issue a birth certificate for the baby;
• write an official refusal of the child;
• Have a lawyer confirm your adoption permit.

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If you do not do this, the paperwork may drag on for more than a year, and the child will have much less chance of finding a full-fledged family.

Paternal refusal

Abandonment of a child by a father is much more common than abandonment by a mother. Very often, young and even mature fathers do not want to take any part in the life of their child. They begin to blackmail mothers and force them to give up child support in exchange for paternal abandonment of the child.

A would-be dad may put pressure on you and demand that you withdraw the writ of execution, or not go to court at all, offering you in exchange such a luxury as registration as a single mother. And very often such male tricks work.

The unhappy woman agrees to be content with little and receive meager benefits from the state, just to avoid having to go through such a shameful procedure as judicial collection of alimony.

In fact, refusal to pay child support is just as impossible as refusal of the child itself. Of course, “daddy” can prove to the court for a long time that this is not his child at all, however, now there are tests in the public domain that can confirm or refute this fact in the shortest possible time.

Of course, if the child really has nothing to do with the man, no one will force him to support the child until adulthood. But if this is the actual father, he is obliged to do this by law.

The obligation to pay alimony ceases only if all parties amicably decide that they are not a family in any way. Suppose a mother finds another man who wants to adopt her baby. In this case, the father, who zealously evades paying child support, must notarize his consent to the adoption of the child by the other parent. In other cases, even if the father is deprived of parental rights, he is obliged to pay him money, with the only difference that he does not have the right to meet with him.

It is important to remember that even those parents who are deprived of parental rights by free or forced will are not released from the responsibility to adequately support the child until he comes of age.

Source: https://mjusli.ru

Documentary package required for voluntary renunciation of paternity

First of all, you need to submit an application to the court, having first certified it by a notary. If the parties mutually agree, this application can also be submitted to the guardianship authorities.

• Here is a list of information required in the application for guardianship:
• indicate the organization to which the applicant is applying;
• indicate the actual address of the organization;
• indicate your data from your passport (full name, residential address);
• indicate information about the minor and the reasons for his refusal;
• enter your visa and application submission date.

Once the application is submitted, the trial to deprive the father of parental rights will begin.

Sample statement of claim for abandonment of a child by a mother

Only extreme circumstances force parents to write waivers for their own children. This often happens due to financial, social and legal difficulties. In addition to fathers, mothers also abandon their children. A woman has the right to write a refusal to give up her newborn while still in the maternity hospital.

She retains the right to a child for six months. This time is needed so that she can weigh everything and make the right, thoughtful decision. However, upon completion of this time period, she is automatically deprived of the right to the baby and can no longer restore her own rights.

The application is drawn up in simple written form with the obligatory indication in the upper right corner of the addressee (chief physician), the mother’s full name, and her residential address. The text should also include the child’s full name and date of birth. It must be indicated that the citizen agrees to the deprivation of parental rights. It should also be written that she is not against the child being adopted by other parents.

Giving up a child is a difficult decision that is irreversible and should be carefully considered. Otherwise, it will be impossible to return the child back.

Statement of claim

Here is an example of an application for voluntary renunciation of the title of father:

• Here is a list of information required in the application to the court:
• name of the judicial authority;
• personal information about the plaintiff and defendant (full name, registration address, telephone number);
• information about the official representative (if there is one);
• information about the minor;
• information about the date and place of marriage/dissolution of marriage;
• information about the date of termination of cohabitation between the father and mother;
• information about the grounds for termination of parental rights (evidence and arguments);
• the main content of the claims;
• list of the attached documentary package;
• date of filing the claim and visa of the applicant.

This application should be accompanied by the required documentary package, including:

• a certificate confirming the child’s place of residence;
• a copy of the plaintiff’s passport and birth certificate, or a minor’s passport;
• a copy of the claim;
• copies of documentation on the fact of conclusion/dissolution of marriage;
• receipt of payment of state duty;
• evidence supporting the essence of the claims.

Do not forget! At the end of the hearing, after the completion of the trial and a verdict in favor of the applicant, it is necessary to apply to the civil registry office so that the registrars make the appropriate changes to the civil status record.

Many people are interested in the question: can a father voluntarily renounce his paternity, doing it more quickly? The process of abandoning a child will be completed much faster if this abandonment is made in favor of another person adopting a minor.

Able to speed up the process and DNA analysis, confirming the absence of blood ties.

The judge will always be ready to listen to witnesses who can confirm/refute the fact that a man fulfills/non-fulfills his paternal obligations in relation to his own child.

Sample consent (application)

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.

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.

This is important to know: If the father violates the order of communication with the child

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.

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.

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.

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.

Jurisdiction

Art. 28 of the Family Code of the Russian Federation regulates the provision of a written application at the place of residence of the second parent.

And in Art. 29 of the RF IC, orders were made taking into account the case when the whereabouts of the defendant cannot be ascertained.

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.

Not the biological father: denial of paternity

A non-blood father has the right to renounce paternity only through the court. First of all, you need to draw up a statement of refusal.

When does this become necessary? If a couple has been divorced for less than ten months and the ex-wife has a baby out of wedlock. Then the former spouse will be recorded as the father of the newborn.

What to do to refuse? Collect documentation and evidence that recognizing a man as a father is illegal. To do this, the judge will require the following documents:

• medical confirmation that the ex-husband is infertile;
• confirmation of the fact that the man was absent from his ex-wife at the time of conception;
• confirmation that the woman was in a relationship with another man during the period of conception;
• geneticist's conclusion on the presence/absence of blood ties.

An actual renunciation of paternity is impossible, but if there are irrefutable arguments, the man will be released from the title of parent.

Is it possible to abandon an adopted child after a divorce?

Adoptive parents have absolutely the same rights as natural parents, just as adopted children are equal to the rights of natural children. Consequently, a family (or one of the parents) can abandon an adopted child in the same way as they received consent for this - by filing a corresponding statement of claim “On the cancellation of the adoption of a minor child” to the district court.

During the trial, the reasons for this expression of will are clarified in detail, and the court does not always satisfy the wishes of the parent , since at the previous court (on the issue of adoption of this child), the parties (father and mother) were explained in detail by the guardianship and trusteeship authority the consequences of accepting a child into the family, including and the difficulty of challenging it.

Consequences of deprivation of parental rights and consent to adoption

Regardless of the fact in which the relationship between a man and a child is terminated, the following consequences arise:

• a man loses the opportunity to receive an inheritance in the event of the death of a child;
• he loses all rights to receive government benefits and benefits;
• he is deprived of the right to participate in raising the child and communicate with him;
• the man is deprived of the right to influence the future place of residence of the child (choice of city and country).

Expert opinion

Sergey Nikolaevich

Judge, judicial experience - 20 years

Important information! In case of forced deprivation (restriction), the law provides for the right to establish a legal connection with children. While voluntary refusal deprives such an opportunity: this court decision is unlimited.

Concepts

In general, there is no such thing as a voluntary renunciation of parental rights in any legislative act.

However, this does not mean at all that it does not exist. It’s just that the state equates this procedure with the usual deprivation of parental rights.

The parent has many rights and responsibilities towards the child, approved and enshrined at the state level.

Among them are:

• priority in the educational process;
• representing the interests of the child in any instance;
• the right to live together with a minor;
• the right to receive all information regarding the child from educational and medical institutions.

Please note that the automatic termination of these obligations will occur when the child reaches the age of 18.

An exception will be situations when a parent voluntarily renounces his rights and transfers them to another person. In this case, there must be a notarized refusal.

How to restore paternity rights after denial of paternity?

The law allows you to restore the lost title of the father, but only if a number of conditions are met.

If a man has reviewed all the negative consequences and now wants to regain paternity, he must notify the court in writing. The judge, having considered the application, will issue an appropriate verdict.

This is possible if a man has changed his life for the benefit of the child and is ready to provide for the child. A person must change radically and prove it in court.

In case of an approving verdict, all paternal rights and responsibilities are returned. The judge will accept a negative verdict only in three cases:

1. If the minor himself opposes this.
2. If the baby has already been adopted, and his adoptive parent is not ready to reverse this decision.

• If a man has not changed and lives a marginal life.

Summary

Unfortunately, the question, terrible in sound and meaning, of how to abandon a child to a father, is still relevant in our society. It is impossible to renounce paternal functions only at the request of a man: a minor cannot be left without support.

Renunciation of the title of father of one's own free will can mean only one thing - this is a forced deprivation of parental rights, with a number of negative consequences. And, the consequences are as follows: preservation of the child’s inheritance rights, the obligation to pay him alimony, deprivation of state benefits and the possibility of assistance in the future from the minor.

Legal basis

The Family Code of the Russian Federation does not have information confirming the refusal of citizens to abandon their child.
Even if the judges make such a decision, alimony must be paid for the maintenance of the offspring. There are life situations when it is better for the baby if the father formalizes his removal from his presence in his life. Often this happens when he inadequately influences the upbringing of the offspring.

In exceptional cases, justice officials, using Art. , , RF IC, refusal is equated to deprivation of parental rights.

The submission of documents to government bodies is regulated by Art. 131 Code of Civil Procedure of the Russian Federation. The procedure of the case under consideration is regulated by clauses 4 and 1 of Art. and the Code of Civil Procedure of the Russian Federation.

Article 69 of the Family Code of the Russian Federation “Deprivation of parental rights”

Article 70 of the Family Code of the Russian Federation “Procedure for deprivation of parental rights”

Article 71 of the Family Code of the Russian Federation “Consequences of deprivation of parental rights”

Article 131 of the Civil Procedure Code of the Russian Federation “Form and content of the statement of claim”

Article 23 of the Civil Procedure Code of the Russian Federation “Civil cases within the jurisdiction of a magistrate”

Article 24 of the Civil Procedure Code of the Russian Federation “Civil cases within the jurisdiction of the district court”