How can a father voluntarily give up his child?

Is it possible to renounce paternity: in the words of standards

When looking for an answer in the regulations as to whether a father can voluntarily renounce paternity, you will not find this kind of citizen’s right directly spelled out in the law. From this it becomes clear that renunciation of paternity cannot be formalized unilaterally. This is only possible if you have the following nuances:

• challenging paternity based on the results of a DNA examination, or without it, if there is the consent of the other party;
• deprivation of parental rights and adoption of a child by another person.

In all of the above situations, the opt-out process is carried out by initiating legal proceedings. Therefore, all negligent parents should take into account that, even if they write such a paper waiving their rights, they will still have to pay child support until there is a court decision canceling this obligation.

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.

Why men refuse to be a parent

There are many reasons why a father wants to renounce his rights to a child. Among the respectful standards, the following are distinguished:

1. Transfer of rights to another person. This is if someone else wants to adopt the child and raise him. The most common cases when this happens is if a woman gets married again. Then the stepfather will have all the rights of a parent.
2. The man is not the biological father. For example, a man may find out about his wife’s infidelity, or he may doubt his relationship with his child due to the lack of similarities between them.
3. The citizen evades responsibility and does not support the child, does not take any part in his upbringing for a long time.
4. The man has an alcohol or drug addiction. Often because of this, he displays an aggressive and rude attitude towards the child. In addition, even the services of an experienced drug lawyer will not save him from going to prison if there is a criminal offense related to possession or distribution.
5. The father has a severe mental disorder or illness. As a result, sometimes it is simply dangerous for a child to be around such a person.

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.

Refusal of paternity on a mutual basis

When both parents do not object to the agreed process, they have the right to mutually write a waiver of the child. The most common way for this to happen is if the mother of a minor knows for sure that this man is not his real father, or she already has a new family in which another man agrees to be responsible for raising the child.

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.

How to renounce paternity

When determining how to abandon a child to a father, it is important to take into account that immediately after the abandonment, another citizen must take on such responsibilities. Otherwise, it will not be possible for a father to abandon his child.

Voluntary renunciation of paternity: implementation features

When deciding how a father can officially renounce parental rights voluntarily, he needs to talk with the potential adoptive parent and discuss the nuances regarding the procedure under consideration. If there are no objections on his part, the abandonment procedure stipulates that in order to formalize the abandonment of the child, the father will need to go to court with documentation.

The following persons have the right to file a claim for abandonment of a child:

• legal father;
• biological father;
• mother.

It is important to take into account that all cases of this nature are considered with the mandatory participation of the prosecutor and guardianship authorities in the meeting. Their participation is necessary to ensure that all rights of the minor are respected.

Application to the court to initiate the refusal process

When determining how to formalize a denial of paternity, we have already mentioned that you will need to file a claim. The document can be submitted either in person, by mail or through a representative who has the appropriate power of attorney. An application to formalize the abandonment of a child is submitted to the district court.

It is not acceptable for every father to voluntarily give up his children. Regardless of any circumstances in life. However, for those who nevertheless decide to take such a step, the claim will need to indicate the following information:

• name of the court and its exact address;
• FULL NAME. parties and their contact details;
• the circumstances of the case, the reasons that prompted such actions so that the father renounced parental rights;
• arguments and conclusions;
• requirements to the court;
• list of attached materials;
• date and signature.

Today, all applications are submitted in printed form along with evidence. Be sure to make copies of all documents for the parties.

As already stated, supporting materials must be attached to the claim. Let's look at what documents are needed to renounce paternity:

• copy of the passport;
• a copy of the birth certificate of that minor;
• various types of certificates (for example, about the child’s place of residence), characteristics;
• copies of papers on marriage or divorce;
• certificate of income (when the issue of alimony payment is being considered);
• evidence in the case;
• receipt of payment of state duty.

The procedure for judicial consideration of the case states that if the father renounces his parental rights, he will need to pay a state fee in the amount of 300 rubles. for each of your demands. In the circumstances under consideration, the amount for a claim of a non-property nature is taken.

In addition to the state fee, you will have to spend money on the services of a lawyer to draw up a claim, represent the applicant’s interests in court, as well as pay for a DNA examination, if one is assigned.

What documents need to be collected?

To voluntarily cancel a relationship with your offspring, you need to prepare a package of papers. It includes the following acts:

• a receipt indicating payment of the state duty;
• certificate of dissolution of the union or registration of relations;
• certificate of birth of offspring;
• characteristics issued to the applicant;
• characteristics compiled for potential adoptive parents (if available).

If the claim is filed by the father, then the text must indicate that the mother retains full responsibilities. Next, a mark is placed on reading the compiled statement and understanding what is written in it. In addition to the indicated nuances, the text should contain the following information:

• the name of the body that will consider the claim;
• passport details;
• Contact details;
• personal data of a minor;
• presentation of demands to the court, formed in a business style. It is not allowed to include text that has an emotional overtones and contains slang words;
• consent to deprivation of rights in relation to a minor;
• consent indicating the intention to transfer the child to adoptive parents;
• date of formation of the claim (in words);
• full name of the place of compilation;
• Full name and personal visa of the originator.

What to do if a man finds out that he is not the biological father

It is possible to formalize and officially document the renunciation of paternity of a non-biological father only through legal proceedings. As is known, if the persons are spouses, then at the birth of a child the husband is automatically registered as his father. The same rule applies to situations where the couple divorced less than 10 months ago.

To deprive a citizen of parental rights, you will need to prove that the baby was born out of wedlock. The following may serve as evidence:

• medical certificate that the man is infertile;
• confirmation that during the time frame when conception occurred, the spouses were not together;
• evidence that the woman was in a relationship with another man at the time of conception;
• medical conclusion about the absence of blood ties.

You cannot just verbally refuse your obligations, but if there is irrefutable evidence, this becomes possible with all the ensuing consequences.

Adoption of a child by another person – transfer of paternity

Paternity itself cannot be conveyed - it is inextricably linked with the personality of a particular person. However, it is possible to express your consent to adoption in favor of another person if there is a contender for the role of father.

Most often, such a person is the mother’s spouse living with the child. For the biological father, such a change is beneficial, no matter how cynical it may be - it frees him from the obligation to pay alimony payments in accordance with Article 120 of the RF IC.

In this case, the court can summon the actual father to a meeting to confirm consent, and the document itself is certified by a notary or a guardianship and trusteeship authority. If the child himself has reached 10 years of age, then he will also be required to consent to adoption, except if the child lived with the future father for a long time. However, if the father's whereabouts are unknown to the court, he is incapacitated, or he is completely uninvolved in the child's life, then his approval will not be required.

Results of the issued refusal

Voluntary renunciation of paternity will entail the same consequences as the forced deprivation of parental rights stipulated by the regulations. Having abandoned a child, a citizen will not:

• take part in raising a child;
• be listed as the father of a minor in all instances;
• defend and demand that the baby be taken away from strangers;
• inherit from the child in the event of his death;
• receive various types of benefits and benefits provided to parents.

Is a person released from the obligation to pay child support if he renounces paternity?

By abandoning his offspring, a citizen is no longer obliged to pay him alimony. However, such an obligation does not end immediately when the father’s abandonment of the child is documented, but only from the moment of his official adoption. Until then, the minor will have to be maintained as before.

What to do if you change your mind about giving up parental rights

After the refusal is completed and the father realizes the terrible consequences that will come as a result of this, he has the right to withdraw his decision for six months until it enters into legal force. Once the verdict is announced, it will not be possible to change it.

Denial of paternity is not the most common reason for going to court, but it is not as rare as one would like. There may be several reasons to do this: someone simply wants to avoid paying alimony, and someone really is not the biological father of the child.

There are few options for where to turn in this situation. Everything can be documented only through the court. At the same time, the father who abandoned his child is released from all parental obligations, including the payment of alimony.

When does the authority refuse to satisfy the requirements?

There are several reasons why a court may refuse to voluntarily deprive parents of their rights. These include:

• denial of kinship is contrary to the interests of the minor;
• the father realized that the baby was not his at the time of making the registration entry at the registry office;
• the father provided consent to the use of another man’s material during IVF.

You can independently waive claims only within six months from the date of a positive decision by the court. If the position has not changed, then it will not be possible to challenge the decision, since it does not have retroactive effect.

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.

You may be interested in: Filing an application for divorce at the registry office without a spouse

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

Where should I go?

In order to renounce your rights to a child, you should contact the following authorities:

1. Court. The case is heard in the branch of the regional or municipal court at the place of residence of the parents.
2. Guardianship. The guardianship and trusteeship service can provide advice on exactly how the procedure is carried out. Particular attention is paid to the fact that all actions must be carried out in the interests of the minor.
3. Notary. The filed claim must be drawn up in accordance with current legislation, otherwise it cannot be considered. The notary does not make any decisions on the case, he only confirms the correctness of the documentation.