Cancellation of paternity: how to cancel and what is necessary for this?

It is possible to formalize a renunciation of paternity, but this requires compelling reasons. The legislation of the Russian Federation always guards the institution of family. So, according to Art. 80 of the Family Code of the Russian Federation states that it is impossible to formalize a unilateral voluntary agreement on the father’s abandonment of the child.

Such a decision is made in court if there are serious grounds specified in the regulations. As a rule, such cases are highly complex. Therefore, before formalizing the abandonment of a child, the father should seek help from a professional lawyer.

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The father has the right to formalize a renunciation of paternity solely under the following circumstances:

1. If he is deprived of custody of the child.
2. If the question of paternity arises, why is a DNA test performed?
3. If paternity is transferred to another person.

Such grounds cannot include the reluctance of the child’s mother to communicate with the father after the divorce process. Next, we will dwell in detail on each reason for refusing paternity.

Basic information

According to statistics, it is often fathers who renounce their parental rights. They do not want to take part in the upbringing and financial support of their child, and they do not want to pay alimony in the event of a divorce from their spouse.

To deprive yourself of parental rights to your children, you will need to draw up a claim with the help of a specialist and send it to the court. The case will be considered by the prosecutor and guardianship officials. If the court makes a positive decision, the father will lose his rights to the child.

Father is deprived of parental rights

Forced abandonment of a child through the court is one of the options for a father to give up custody. In this case, strong evidence is needed to confirm the dishonest performance of paternal responsibilities. These grounds include the following:

• the father does not fulfill his direct responsibilities and does not help in raising and educating the child;
• the father does not pay the alimony required by law;
• the child is being abused;
• the father abuses drugs and/or alcohol;
• the child or mother is subjected to physical or mental violence;
• an act of threat to the life or health of a child/wife was recorded.

If at least one of the above points is proven in court by the mother, then the father will be obliged to carry out the procedure for renouncing paternity, and also not to assist in further upbringing. It is worth considering one more point: after a refusal, the father after some time has the right to restore parental rights if he presents in court significant evidence of his correction and change of lifestyle.

If the court has made a decision to formalize the renunciation of paternity, then the father no longer has the right to raise the child, and also:

• receive cash payments intended for parents;
• stand guard over the interests of the child in government agencies;
• expect to receive any monetary payments from a child who has reached the age of 18;
• become the child's heir.

The law also provides for restrictions on the father's parental rights. In this case, the father is not deprived of official parenthood, but he is prohibited from taking an active part in the further upbringing of the child.

However, the biological father is still required to provide for his child until the age of 18, even after he has legally renounced paternity and fulfilled the related responsibilities. In addition, the child remains a legal claimant to the parent's inheritance.

How is child support paid?

There are two main options to legalize alimony: sign an agreement or resolve the matter in court. If the parties managed to agree and conclude an agreement, they themselves can determine the volume of payments to be made, but with a limitation - the amount cannot be lower than the minimum required by law.

For example, for one child it is 25% of income. But they can be more, for example 30% - at the request of the parents themselves.

Once concluded, the agreement is certified by a notary, and the parties will be required to comply with it. If it is not possible to reach an agreement, the only option left is court. He may decide that alimony should be paid in proportion to earnings or in a fixed amount.

The share is calculated if the payer has a permanent income exceeding the subsistence level. The alimony provider will have to pay 25% for the maintenance of one child, 33% if there are two, or half for three or more children.

70% of income can be withdrawn if necessary to pay off alimony debt. Sometimes the court can change the specified shares, but this happens infrequently; usually you need to pay exactly that much.

The mechanics of payments itself are simple: funds for alimony are calculated in the accounting department of the company where the payer works, immediately at the time of payroll and are transferred to the account of the second parent.

The enterprise is responsible for the volume and timeliness of the transfer. It is more difficult if there is no permanent job, and therefore no income for the payer, or its low level.

Then alimony is charged in a fixed amount, determined depending on the income of the payer. For example, it may turn out to be 0.3 minimum wage or 0.7 - in short, how much can be charged without threatening his life and health. It will be more difficult to receive these funds, because the father himself will have to pay them, which is fraught with delays.

If there is a delay in payments for more than two months, a penalty of 0.1% of the amount will be charged for each day of delay, and in case of malicious evasion, you can even end up in prison.

Solving the question of paternity using DNA testing

You can establish a relationship using a DNA test. If the father finds out that, based on the results of the examination, he is not the child’s parent, he can file a lawsuit to renounce paternity. This can happen if, at the time of making an entry in the child’s birth document, the father did not yet know about the fact of the lack of relationship. To formalize a denial of paternity, the official result of a DNA test is used as confirmation.

If the court determines that there is no relationship, the parent can refuse to participate in the child’s life and formally formalize the waiver of their rights and responsibilities. When the court decision comes into force, according to Art. 440 of the Code of Civil Procedure of the Russian Federation, alimony will no longer be accrued on the father’s side.

Is it possible to cancel a certificate of paternity?

No one can correctly answer the question of how to behave in a situation, and what to do when it turns out that the child is not his own. For many people, the concept of “cancellation of paternity” immediately comes to mind. It should be noted that the abolition of paternity is classified as a procedure that can hardly be called pleasant for the child and the parent.

It is important to clarify that not only paternity, but also maternity can be disputed. However, there are significantly fewer claims from the fairer sex. This is rather an exception to the rule.

It must be remembered that legally there is only a small circle of persons who have the right to challenge previously established paternity; these include:

1. a representative of the stronger sex, who was directly recorded by the father of a minor over a certain period of time. It is important to clarify that there is no statute of limitations in such a case. It makes absolutely no difference whether you considered your baby one year old or five years old, the result will be the same;
2. citizens who actually perform all the functions of parents, take care of the minor, provide for him financially, support him in every possible way, educate him, and also give him the opportunity to get a good education;
3. the child himself. However, there are certain conditions. It is important that he reaches the age of eighteen. In some cases, children do not want a specific man to be listed as the father in documents.

Answering the question of whether it is possible to cancel a certificate of paternity, the answer is yes.

Transfer of paternal rights

It is possible to transfer paternal rights and responsibilities to another person. If, of course, the father voluntarily gives approval to renounce custody and rights to the child. And if another individual expresses a desire to formalize parental guardianship and paternity.

Let's take a closer look at how to correctly carry out the procedure for drawing up a document renouncing paternity and what this can lead to. As well as the man’s further actions when it comes to the transfer of paternity.

How can you voluntarily give consent to renounce paternity?

To carry out the procedure, you must present a properly executed and notarized document, which states that:

1. The father refuses of his own free will and agrees to lose custody.
2. The future stepfather (another person) agrees to legal custody of the minor child.
3. Mother agrees.
4. The child also agrees (this is necessary upon reaching 10 years of age).
5. Parental care and responsibilities of the mother remain.

The main application must be accompanied by personal documents of all participants in the procedure, as well as a divorce certificate. After this, the man is obliged to appear in court with the appropriate document and, according to Art. 440 of the Code of Civil Procedure of the Russian Federation, his obligation to pay child support is removed.

The father must understand that this is an irreversible process and in the future it will be difficult to restore his paternity.

How is paternity transfer carried out?

The process of transferring paternity to another person consists of several stages:

1. The future stepfather is obliged to file a claim with the court for the adoption of the child immediately after the court decision to deprive the legal biological father of parental care.
2. According to paragraph 6 of Art. 71 of the Family Code of the Russian Federation, 6 months after the renunciation of paternity, you must submit the documents required by law for the adoption of a minor child.

Let's say the parents have filed for divorce and the child lives with his mother. She remarried, her new husband is raising and supporting the child. The stepfather wants to take custody of the child because he has become attached to him. The biological father does not take part in the life and provision of the child. Obviously, it is in the best interests of the child to obtain guardianship. To do this, the real father must formalize a renunciation of paternity and give a notarized consent to the adoption, indicating a specific person - the mother's new spouse.

Such a serious and responsible step as a father’s abandonment of a child entails many consequences - at least emotional. Registration of a renunciation of paternity is an irreversible process and one must be aware that this will affect not only the lives of both parents, but also the life of a small child. Maybe it’s worth considering that refusal is not the only way out of the situation, and it makes sense to try to come to an agreement once again.

Sources:

RF IC Article 67. The right to communicate with the child's grandfather, grandmother, brothers, sisters and other relatives

RF IC Article 68. Protection of parental rights

RF IC Article 69. Deprivation of parental rights

RF IC Article 70. Procedure for deprivation of parental rights

Arbitrage practice

Cases challenging paternity are considered by the court according to the procedure of claim proceedings. The burden of proof lies with the applicant.

Example. Citizen T. filed an application to the Sverdlovsk District Court of Krasnoyarsk to annul paternity. In the lawsuit, the man explained that he was in an officially registered marriage. In fact, he has not lived with his wife for more than 10 years. I didn't know anything about the woman. While on vacation I decided to go to Kazakhstan, but was detained at the border crossing due to a child support debt. As it turned out, the wife gave birth to a child, the plaintiff was included as the father. Since she performed her duties improperly, the citizen was deprived of parental rights and so was the official father. Alimony was collected from them. Since the man is not the biological father and does not know the child, he demanded that the record be expunged and child support cancelled. In addition, the debt and the travel ban will be removed. The court satisfied the requirements.

In some cases, a DNA test is required to make a decision.

Example. The mother of minor R. went to court on behalf of her son to refute paternity. The defendant objected to the cancellation of the entry. The woman explained that she cohabited with a man, but they broke up. After which, she met the defendant and got married. After giving birth, she realized that her son’s father was her former partner. Therefore, she went to court to challenge paternity. The defendant claimed to be the father. A DNA test showed that the plaintiff's claims were justified. The court satisfied the requirements.

To exclude information about the father of children's documents, you need to go to court. Independent actions of a citizen without adequate experience may lead to refusal to satisfy the requirements. Therefore, it is necessary to involve a lawyer. You can get an initial consultation on the website free of charge. To do this, describe the problem in the feedback form.

Reasons for exemption from paying alimony

The law in 2021 specifies the grounds that exempt a parent from paying child support:

• if the death of one of the parents, mother or father of the baby is recorded;
• the child is 18 years old;
• if there is a settlement agreement concluded between the alimony provider and the recipient of the money, the paper may contain clauses according to which the father may not make contributions for the child, such cases are considered in court on an individual basis;
• the child, having been disabled since childhood, got back on his feet and was recognized as able to work, and found a permanent official job;
• the ability to work of an 18-year-old boy (girl) has been restored;
• alimony may not be paid if one of the parents previously transferred ownership rights to square meters or other property to the child as future payments for the coming years (this should be stated in the text of the document drawn up, certified by a notary);
• for some reason, the teenager moved to live with the alimony provider, the latter provides for his needs, which means that the very purpose of assigning the recipient to spend money disappears.

Consequences arising from renunciation of father's rights

What happens if you stop paying child support?

If a parent has been deprived of his rights to a child, this does not relieve him of responsibility for the financial support of the minor. Such a decision is made in court and provided to bailiffs.

In the case where a man regularly sends money to a child in the established amount, there are no questions from the authorities towards him. If a significant debt has arisen, the following measures may be applied to the alimony provider:

• a ban on leaving the country until he repays the accumulated debt in full;
• seizure of property belonging to the alimony provider for the amount in which the debt arose;
• prohibition on receiving credit cards, applying for a loan from a financial institution;
• prohibition on obtaining or changing a driver's license.

Even if a man is deprived of his parental rights, his minor child has the right to property, if any, and the use of housing where he lives. He also retains the legal ability to enjoy other rights arising from consanguinity.

Current legislation also provides for other measures that apply to the alimony debtor, since the state is interested in ensuring that the rights of minors are fully respected.

A parent cannot refuse to receive child support payments. This money goes to help a minor child. If the mother refuses financial support, this will be regarded by the state as an infringement of the rights of the minor, which is prohibited by law.

Does the law allow you to renounce paternity?

This is allowed in two cases:

1. The father of a minor child signs a notarial document according to which he renounces parental responsibilities and allows another man to adopt the child.
2. Recognition in court of the fact that the father and child are not biological relatives of each other, and the father did not know about this at the time of making the corresponding entry in the registry office birth book. Usually this circumstance occurs due to:
   with an unintentional substitution of a baby in the maternity hospital due to an error by doctors or obstetricians;
3. with the deliberate substitution of a newborn in the maternity hospital due to the conspiracy of the mother and doctors;
4. with the deception of the mother, who claims that there is a blood relationship between the man and the baby.

In addition, a man who wants to abandon a child must take into account that deprivation of a parent’s rights due to the circumstances indicated below in no way cancels the obligation to pay child support. These circumstances include:

1. 
   Refusal to pick up a newborn baby from the maternity hospital, not supported by valid reasons.

2. Refusal to remove a disabled child who suffers from a neurological disease, such as Down syndrome, or is mute, blind or deaf, from a medical facility without providing doctors with a valid reason.
3. Abuse of young children, which may include beatings, insults, bullying, and attempts to violate their sexual integrity.
4. Dad's illness with drug addiction or alcoholism, confirmed by medical documents.
5. Avoidance of caring for one’s own child, expressed in the desire not to provide him with opportunities for moral, physical or spiritual development.
6. Malicious evasion of the obligation to provide financially for a child, including with the help of alimony. It is expressed in the presence of alimony debt, which the obligated person does not want to fully pay to the alimony recipient due to his own fault.
7. Abuse of parental rights granted by law. The Supreme Court understands this as inducing a minor to spend time gambling, drinking alcohol or using drugs; involvement in committing crimes, begging or vagrancy; creating all kinds of obstacles to a child’s obtaining secondary education.
8. Committing an intentional criminal offense aimed at causing harm to the health or life of one’s own child or the health or life of one’s wife, even if she is not the mother of a minor dependent.

The fact of criminal prosecution must be confirmed by a court verdict passed against the father or husband.

How to collect child support from a parent who has renounced his rights?

As mentioned above, only the parent who transferred his rights to raise the child to his stepfather is exempt from child support.

In case of deprivation of rights by a court decision, the father is obliged to pay child support. Either he does this voluntarily, having concluded a child support agreement with his mother, or forcibly by a court decision. In this case, the mother, as the alimony collector, will write an application to the bailiff service to collect alimony from the father.

In addition to this, such an application can be submitted by:

• Prosecutor's office employees;
• Orphanages and boarding schools in whose care this child is;
• Guardians and adoptive parents;
• Child protection.

Participation in the judicial process of guardianship authorities and the prosecutor's office guarantees respect for the rights of the child when assigning and collecting alimony.

In addition, the prosecutor must monitor the process, in particular, determine whether there is a criminal offense in the case against the child or blackmail of the father in order to force him to renounce parental rights.

When assigning alimony, the court takes into account:

• Financial situation of both parents;
• Their health status;
• Reasons for relinquishing parental rights;
• Requirements of the alimony collector;
• Evaluates the grounds for compensation for material damage to the life and health of the child and mother. These claims must be filed as part of a separate claim.

The father can withdraw his application to renounce parental rights during the trial. But after the court decision is announced, this is no longer possible.

Based on this decision, within 3 days the registry office will make changes to the child’s birth certificate and to the register of citizens.

When is adoption cancellation necessary?

Perhaps the ex-spouse himself is the adoptive parent of the child, then this court decision needs to be overturned. Again, no one can guarantee that you won’t have to pay alimony. Much depends on the mother’s financial security and income.

Of no small importance is the desire of solvent grandparents to help their daughter raise and support the child.

Responsibilities of a foster father

If the child’s mother and a man who is not the adult’s natural father have registered a marriage union, then it can be included in the child’s documents.

If the mother’s new spouse, according to documents, is the child’s official father, then he is responsible for the financial support of the minor, including alimony payments.

In cases where the adoptive father is forced to pay child support but does not want to do so, he must initiate legal proceedings to challenge paternity. This will require a genetic examination or the preparation of evidence that the woman misled him about paternity.

Cancel alimony – is it realistic?

Without child support payments from the income of the second parent, it becomes too difficult for the first parent to raise and support a child. But despite this, the law provides for some legal options for stopping payments:

1. Alimony is canceled if the legal basis for collection disappears. For example, the real father of the baby appears, which is confirmed by DNA analysis, or the next spouse of the baby’s mother wants to take responsibility for the child’s life - then legal adoption in 2020 is permissible.
2. If the child no longer needs the assistance of his support. For example, if he was cured and got rid of the disability group, he was able to get a permanent, stable job.

Only a judge has the right to make a decision on the collection and, conversely, on the cancellation of alimony amounts. Exceptions are those cases when the settlement agreement previously concluded by the parents contains provisions excluding this procedure.