Back to the orphanage: why guardians abandon orphans

What grounds for abandoning a child are provided by law?

Reasons are certain desires and circumstances that force adoptive parents to abandon a child. And the grounds are clear conditions, without compliance with which a legal refusal is impossible.

There are reasons why third parties, for example, representatives of guardianship authorities, can initiate the cancellation of adoption in court (clause 1 of Article 141 of the RF IC). These include:

• cruel attitude of adoptive parents towards children;
• the presence of chronic alcoholism or drug addiction in parents;
• avoidance of parental responsibilities;
• abuse of your rights as a parent.

The court may take into account other grounds and, on their basis, cancel the adoption (clause 2 of Article 141 of the RF IC). These include, for example:

• identification of a child with a serious physical or mental illness;
• lack of trust between the child and his adoptive parents.

Legal practice shows that even the presence of hostility between parents (or one of the parents) and the adopted child can serve as grounds for canceling the adoption.

However, this does not mean that it is very easy to relieve oneself of obligations towards the adopted child for any reason. Nevertheless, the reasons must be compelling, and the court considers each situation individually, taking into account life circumstances.

What rights does an adopted child have?

Parental rights and responsibilities apply to both natural and adopted children - both during marriage and after its dissolution. An adopted person after the divorce of his new parents has the following rights:

• for financial support and support;
• upbringing;
• protection, including protection from infringement or restriction of rights as a result of adoption;
• relations with adoptive parents;
• other rights presented to the RF IC.

Who can initiate the process of canceling an adoption?

Persons who may initiate legal proceedings to revoke an adoption include:

• the adoptive parents themselves;
• the adopted child himself (if he has already reached the age of 14);
• biological parents of this child (if they were not declared incompetent or were not deprived of parental rights);
• child protection;
• prosecutor.

Let's look at an example:

The couple adopted a child and divorced two years later. The ex-husband moved to another city and stopped communicating with the child. After some time, the adoptive mother filed a lawsuit to cancel the adoption. The basis was the failure of the former spouse to fulfill parental obligations towards the child. The court granted the claim and ordered the former adoptive parent to pay child support.

Thus, the very fact of the adoptive parents’ divorce is not grounds for canceling the adoption. Other serious life circumstances may serve as a reason.

How to abandon a newborn baby in the maternity hospital?

Reference. A mother who wants to abandon her recently born child should first write a statement. The text of the document must indicate that the woman does not want to take the baby from the state medical institution and does not object if there are people ready to adopt him.

The application should be written to the head physician of the institution where the child was born. In some cases, a woman in labor may be asked to fill out a ready-made form. The main part of such a document is standard and drawn up in accordance with the law. The woman can only enter her data and sign the paper.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

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In order for the refusal to be formalized, after receiving the application, the chief physician contacts the guardianship authorities. Guardianship officers submit all the necessary documentation to the court and the woman is deprived of parental rights.

It should be noted that if the baby was born in a legal marriage or the dissolution of the union occurred less than 300 days ago, the child’s father must also write a similar statement. Otherwise, the responsibilities for raising and maintaining the baby fall entirely on him.

The fact that a mother refuses to pick up her baby from the hospital is already a reason to deprive her of parental rights. Other relatives can also take the child, but if this does not happen, the baby can be adopted immediately.

Children who are abandoned at the maternity hospital are placed in an orphanage for 6 months. During this time, the mother must make a final decision. If the refusal is not annulled, a guardian is appointed for the baby or he can be adopted anonymously. Also, in a separate material, you can learn how to send your child to an orphanage temporarily or permanently if he has already reached 3 years of age.

How does the procedure for depriving parents of rights take place, what can serve as a basis and what legal consequences can there be from this procedure? What rights and obligations do both parties retain? You will find answers to all your questions in our individual publications.

Procedure for canceling adoption after divorce

What should be done:

1. Prepare the necessary documents.
2. File a claim in court.
3. Take part in all court hearings.
4. Get a court decision.

How to draw up a claim correctly

The legal norms for filing a claim are specified in Art. 131-132 Code of Civil Procedure of the Russian Federation.

It is very important to draft a claim correctly: its content must be legally correct, all facts must be documented, and the text must not contain errors.

Any errors and omissions are grounds for returning the documents to the plaintiff. Correcting mistakes and re-filing a claim can significantly delay the legal process.

What points should be included in the content of the claim:

• name of the court where the claim is filed;
• personal data of the plaintiff and defendant;
• data of third parties (for example, a guardianship representative);
• title;
• circumstances of the case (dates of marriage and divorce, date of adoption of the child, who initiated the adoption, what kind of relationship developed between the former spouses and the child);
• grounds for cancellation of adoption;
• list of evidence, claims;
• list of attached documents;
• date, signature.

Typically, a statement of claim is filed with the district court at the defendant’s place of residence, but if the child lives with the plaintiff, it can also be filed at the plaintiff’s place of residence.

If the claim is filed by the parent with whom the adopted child lives, he will be the plaintiff. And the defendant will be the second parent, whom the plaintiff wants to deprive of parental rights.

If both parents file a lawsuit, the child will be the defendant. The interests of the minor defendant are represented by the prosecutor and guardianship authorities.

What documents must be attached to the claim?

All circumstances set out by the plaintiff in the statement of claim must be documented (Article 132 of the Code of Civil Procedure of the Russian Federation). The list of documents serving as evidence is individual and depends on the circumstances of the case.

List of required documents:

• marriage and divorce certificate;
• child's birth certificate;
• court decision on his adoption;
• document confirming payment of the state duty.

What other documents may be required depending on the circumstances of the case:

• medical report, extract from medical history;
• psychological and pedagogical characteristics of the child;
• resolution on an administrative offense.

Required documents

You will need to prepare the following documentation package:

• a receipt confirming the fact of payment of the state duty;
• document on dissolution of the marital union;
• document confirming the birth of a child;
• court order on the adoption procedure.

The additional documentation package includes the following certificates and papers:

• extracts from medical history;
• certificates from medical institutions;
• characteristics compiled by psychologists and teachers;
• resolutions of police officers to bring the child to administrative responsibility regarding the offense committed.

Features of the trial

Cases of refusal to adopt a child are considered within the framework of the Code of Civil Procedure of the Russian Federation. They are generally similar to other civil cases, but have a number of features:

1. The case is heard only by the district court.
2. A guardianship representative and a prosecutor take part in all court hearings.
3. If a child is the defendant, his interests are represented by third parties (guardianship representative and prosecutor). If a child over 14 years of age is the plaintiff, then his adoptive parents (or adoptive parent) will be the defendant.
4. During the hearing, the court determines the reliability of the information presented and the seriousness of the grounds for canceling the adoption. If necessary, witnesses may be invited and a forensic examination may be ordered.
5. If the adopted child is already 10 years old, his opinion will definitely be taken into account by the court.
6. Adoptive parents need to be prepared for the fact that the court, in the event of cancellation of the adoption, may collect from them alimony for the maintenance of a child up to 18 years of age (or until a new adoption).

How long does the trial last?

According to Art. 154 of the Code of Civil Procedure of the Russian Federation, civil cases are considered by the court within two months from the date of receipt of the application.

Another month is given for the court decision to come into force.

However, if an examination was ordered, the trial period will be extended.

What is the fee?

If the claim is filed by both adoptive parents, they are required to pay a state fee of 300 rubles. (Article 333.19 of the Tax Code of the Russian Federation).

If the claim was filed by one adoptive parent (against another) or third parties, they do not pay the fee, since they are acting in the interests of the minor.

In addition, you need to be prepared for other expenses: notarization of documents, legal consultations.

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

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

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

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

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

What are the consequences of canceling an adoption?

For the adoptive parent:

• abolition of the right to demand maintenance in old age from a child;
• the possible emergence of an obligation to pay child support until the age of 18 (or until re-adoption).

For a child:

• abolition of the right to inherit property of adoptive parents;
• change of place of residence (return to natural parents, relatives or to an orphanage);
• the opportunity to return the previous last name, first name and patronymic (if the child is already 10 years old).

Let's look at an example:

According to the court decision, the adoption of a child by the ex-husband of citizen E.A. was cancelled. A few months after the decision came into force, the defendant died. E.A. tried to prove the child’s rights to receive the deceased’s inheritance, but the court refused, since the child had already lost all property rights to the inheritance of the former adoptive parent.

Refusal in favor of the father or other relatives

If a mother, for one reason or another, abandons her baby, the question inevitably arises as to what his future fate will be. If there is a father or grandmother, then the abandonment of the child by the mother in favor of the grandmother or in favor of the father is formalized.

Thus, abandoned children get a chance to be raised by their relatives. What to do if there is no father, or neither the father nor the grandmother want to take on the responsibilities of raising him? In this case, the children are transferred to the orphanage.