How can a father voluntarily give up his child?

At the legislative level, there is no article that provides for the voluntary renunciation of the right to care for and raise one’s own child. Instead, consent is issued for the child to be adopted by another person. However, it is not necessary to indicate a specific person. Consent will need to be certified by a notary. Be that as it may, the case is considered in court in the presence of the prosecutor and guardianship authorities (Article 70, paragraph 2 of the RF IC). A waiver of parental rights can be issued until the child turns 18 years old. The algorithm of actions is as follows:

1. Complete an application with a notary.
2. Notify the guardianship authorities.
3. The guardianship authorities file a lawsuit against the father (mother) of the child and put forward a demand to deprive the rights of the father (mother) of the child.
4. The court will determine the date of the hearing and consider the case.
5. After making a decision, the court sends the act within 3 days to the registry office at the place where the child’s birth was registered to make adjustments to the documents (Article 70, paragraph 5 of the RF IC).

Does a parent have the right to relieve himself of parenting responsibilities?

Whether parental rights can be renounced is a question that worries some fathers. Typically, such parents have a negative or neutral attitude towards their children. The biological father refuses to take part in the upbringing, pay child support and participate in the life of the child.

Even the law cannot force a man to perform fatherly functions normally and fully. Therefore, in this case, there are two options for solving the problem. The first is deprivation of parental rights, the second is permission to adopt a child to another person.

How does the procedure work?

The procedure for voluntary renunciation of rights to a child is carried out with the participation of several authorities.

Attention! Parents will need to prove that the decision is made taking into account the interests of the child.

Writing an application

For an application to be accepted, it must comply with legal requirements. The addressee should be indicated in the header of the document: guardianship, registry office or court. Information about the applicant is also provided here:

• FULL NAME;
• address;
• passport data.

The body must state that the intent to relinquish the parent's rights is voluntary. You should enter the baby’s details: initials, date and place of birth. You must also agree that the child may be adopted in the future in accordance with current legislation.

Even in the event of a negative court decision regarding the renunciation of parental rights, if there are people ready to adopt the baby, it will be impossible to return the application.

If the application is sent by the child's father, a separate paragraph must explain that the mother's rights are preserved. Next, it must be indicated that this decision is deliberate and free. If a parent wants this case to be considered without his participation, it is necessary to indicate this in the text. At the end, write the place of residence and the date in words. The authenticity of the application must be confirmed by a signature with a transcript.

The document must be certified by a notary office, only after that it will gain legal force.

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

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Applying for guardianship

Both parents of the child have the right to apply to the guardianship and trusteeship authorities. In addition to the person filing the application, two witnesses must be present. Guardianship staff assess the situation and make a verdict taking into account the interests of the child.

Reference. Representatives of the guardianship authorities must subsequently be present at all court hearings. Therefore, without their consent, further paperwork is pointless.

Collection of other necessary documents for the court

The following documents are required to be submitted to the court:

• statement of intent to relinquish parental rights;
• identification document of the plaintiff;
• court decision on the need to pay alimony;
• a document indicating evasion of alimony obligations;
• original and photocopy of marriage/divorce certificate;
• characteristics of both parents;
• characteristics from the child’s place of study, reflecting his emotional state;
• act of living conditions of the baby;
• child's birth certificate;
• a receipt confirming payment of the duty.

Characteristics of parents can be drawn up by their neighbors and colleagues. In this paper, it is important to pay attention to confirming the reasons why the rights to the baby are waived. The list of papers may vary depending on the circumstances; detailed advice is provided by the guardianship. If necessary, the justice authority may request additional documentation, of which the plaintiff will be notified in advance.

The process of considering a case and making a decision

The court makes a thorough analysis of all the circumstances that allow the plaintiffs to be released from the responsibility of raising a minor. During the meeting, a decision is made based on legal norms.

Important! According to Art. 57 of the RF IC, if the child is already 10 years old, his opinion must be taken into account when considering the case. The conversation with the child is carried out in the presence of a psychologist. After the decision is made and comes into force, you need to visit the registry office to make changes to the child’s documents.

Deadlines and costs

According to the Tax Code of the Russian Federation Art. 333.19, the cost of registering a waiver of parental rights is 300 rubles. Another 350 rubles must be paid for making changes to the birth certificate. You will have to spend money separately on notary services.

Until the child is adopted, parents must pay child support for his maintenance. The minimum period for paying alimony is six months. It is through this time that the baby can find a new family.

When a parent abandons his offspring, his decision comes into force only after 6 months.

If a refusal is issued, after which the father will be deprived of parental rights, is it necessary to pay child support?

Typically, abandonment of a child by the father during a divorce is of interest to men who do not want to pay alimony. Many people believe that depriving a parent of their rights will relieve them of their obligation to pay financial assistance. However, it is not.

The law always acts in the interests of the minor. Therefore, the issue of payments after the father or mother is deprived of rights to a child depends on how the procedure is formalized.

There are two options:

• obligations to pay financial assistance remain;
• There is no need to pay child support.

In the first case, the mother or guardian will demand financial support after the divorce during the proceedings. In order to abandon a child by a father or mother during a divorce, you will need to agree with the plaintiff’s demands. In the second case, there will be no need to pay monthly money if the parties sign an agreement on adoption, certified by a notary office. Usually the new husband of the child's mother is the guardian.

Reasons and grounds for withdrawal of obligations

The reasons for giving up rights to a child can be different:

• dissolution of marriage;
• uncontrolled use of physical force on a child;
• putting psychological pressure on the child;
• failure of one of the parents to pay money in favor of a minor;
• the absence of relationship with the offspring has been proven;
• parent's addiction to alcohol, drugs;
• the decision to leave the newborn in the maternity hospital due to the fact that the pregnancy was not planned or the baby has developmental defects;
• the mother wishes to acquire single status in order to benefit from government benefits;
• inability to take care of the baby and provide him with everything necessary;
• detection of a serious illness in the offspring;
• abandonment of the child in favor of an adoptive parent who is ready to immediately take responsibility for the further well-being of the minor.

When is such deprivation impossible?

A notarized waiver of rights to a child will be rejected in the following cases:

• registration of a refusal in favor of a person who has been declared incompetent by the court;
• refusal by an adult parent in favor of a minor;
• refusal in favor of an indefinite number of persons.

Important! If the newborn is not yet registered with the registry office, only the biological mother can waive the rights to it.

How to renounce paternity in court

Let's look at how to give up a child to the father after the divorce is completed. Some parents write a statement of relinquishment of parental rights, relying on the fact that they will not have to pay child support. But this is a misconception. Russian legislation does not allow depriving a father of parental rights on his initiative. This can only happen on the basis of his antisocial behavior that threatens the life, health and well-being of the mother or child. The initiative to deprive one of the parents of parental rights can only come from the second parent, guardianship authorities or procurators.

The procedure consists of several steps:

• The guardian or mother files a corresponding claim against the father. The grounds for appeal must be compelling.
• The guardianship and guardianship authorities verify the legality of the deprivation of rights during the trial. At the end, they give a conclusion about the appropriateness (or inappropriateness) of this action.
• A father who refuses custody of a child must verbally voluntarily consent. You will also have to write a statement and have it certified by a notary.
• After the judge considers the arguments of the plaintiff, the conclusions of the prosecutor and the guardianship authorities, a decision will be made.

Those who do not know how to abandon a child to the father after the divorce is completed should understand that only the other party can file a claim. It is impossible to be both a plaintiff and a defendant at the same time in one person. The mother can file a claim of her own free will or at the request of the father himself.

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.

Refusal from a notary

You can refuse guardianship from a notary by transferring the rights of a guardian to another person. Consent to adopt a child is a statement that is drawn up in writing and certified by a notary. This is done only by mutual consent of the father and mother.

The document can be drawn up for a specific person who will become the new guardian, or without indicating the future guardian. If at the time of drawing up the refusal there is no person who will take over the upbringing, the deprived father will still be obliged to pay financial assistance. With the appearance of a guardian, this responsibility can be relieved from the biological father. If the adoptive father does not appear at all, child support must be paid until the child reaches adulthood.

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, in detail

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

Application for transfer of guardianship

An application for the transfer of guardianship rights must be made in writing. It must be certified by a notary.

The document states:

• address of the court to which the application for consideration will be sent;
• Full name and address of the applicant party;
• passport details;
• Full name of the child about whom the application is being drawn up, as well as his date of birth;
• consent decision;
• the possibility of further adoption (by a specific person or without specifying a citizen);
• request (if desired) to consider this issue without the presence of the applicant party;
• date of compilation, as well as signature.

The cost of notary services will be 1,500 rubles. The notary's task is to check whether the document is drawn up correctly. The notary must also make sure that the citizen is in a capable and sane state, and his actions are an independent expression of will. Otherwise, he does not have the right to certify the document.

Termination of an agreement to pay alimony

Financial support for a child may be withheld voluntarily. To do this, the parents of the minor enter into an agreement to pay financial support.

The document contains the payment procedure, the amount of payments, and the conditions for terminating the agreement. Among them:

• adults;
• emancipation;
• adoption.

If one of the parties refuses to fulfill the terms of the agreement, the law does not provide for the need for its termination. The second party has the right to demand forced execution of the conditions through the FSSP. The agreement is given the force of a writ of execution.

If there are no reasons for stopping payments, the person has the right to change the amount of payment. If there is no agreement between the parties on the terms of the change, the citizen must go to court.

Important! The agreement to pay child support cannot be terminated by agreement of the parties.

An additional option for terminating the agreement is to declare it invalid. The recipient of funds can challenge the document if the payment does not meet the minimum amount required by law. In accordance with the Family Code, the amount of payment under the agreement cannot be less than what the court would assign (1/4 share of all types of income of the alimony provider).

In addition to the recipient of funds, the prosecutor and the district guardianship authority can apply to the court to invalidate the agreement.

What may be the consequences of deprivation of parental rights?

The consequences of depriving a father of his rights depend on the execution. If a parent is deprived of his rights, he does not have the opportunity to take part in upbringing. The father (or mother) cannot receive benefits and benefits from the state. He is required to pay child support every month. Lost rights can be restored through the courts.

If the biological father consents to adoption by another person, he also loses the opportunity to participate in the upbringing. A parent cannot receive benefits and benefits that are given for the maintenance of a child. As a result of adoption, the father may be exempt from paying financial assistance, but it will no longer be possible to restore parental rights.

Consequences

In case of voluntary renunciation of rights to a child, parents face the same consequences as in case of forced deprivation:

• prohibition on indicating the baby as a relative in documentation;
• inability to raise a child and communicate with him;
• deprivation of government subsidies and benefits due to parents;
• deprivation of the opportunity to protect the baby from the people who are holding him;
• refusal to inherit the child’s property in the event of his death.

Attention! In the event of a voluntary refusal to raise a child, parents who have lost their ability to work do not have the legal right to count on financial support from the child.

Sample application

Example of a document:

To court;

In ________ department of guardianship and trusteeship

From Ivanov Peter Sidorovich

living at the address: Ensk, st. Sadovaya, 1, apt. 2,

Statement

I hereby voluntarily, completely and without any conditions renounce all parental rights in relation to my son Ivanov Sidor Petrovich, born on 01/01/2016.

I agree that my parental rights will be deprived and my son will be subsequently adopted in the manner established by the current family legislation of Russia.

I understand that by expressing my refusal, I will not be able to object to the adoption, after which my kinship rights in relation to S.P. Ivanov will cease. I understand that after the court decision comes into force, I will not be able to cancel this refusal.

The rights of Petrova Maria Pavlovna, who is the mother of my son Ivanov S.P., are retained in full.

I am fully aware of the meaning of my actions, I have read and understood everything stated in this statement.

I ask the court to consider this application in my absence.

Ensk 10/10/2016

Ivanov P. S.

The sample can be downloaded:

When a notary certifies an application, it is drawn up on a special form and a corresponding entry appears below indicating the registry number, the notary’s signature and the amount charged according to the law for registration services.

The following must be attached to the application to the court:

• child's birth certificate;
• document on marriage or divorce (if any);
• information about the adoptive parent (if available).

Challenging paternity

The law cannot insist that a man play the role of a father if the child is not his own and the adult did not know about his wife’s deception. To terminate paternity of a defrauded spouse, a judicial procedure will be required, including consideration of a claim and a DNA examination, indicating with more than 99% accuracy the presence of blood ties or the absence thereof.

Often young couples who do not have stable relationships and constant connections face this problem. The guy refuses to acknowledge paternity if there are good reasons to suspect his partner’s infidelity.

Only in this case, the man is not only released from the status of a parent, but also from subsequent obligations to finance the child.

An important nuance: if at the time of registration of the certificate a person consciously recorded himself as the father, having evidence that the information does not correspond to reality, paternity through challenge is not provided.

Frequent cases of contestation include situations where a child is born during a divorce or within 10 months after the official end of the marriage. In these cases, the law allows a woman to unilaterally register her former marriage partner as the father of the baby. Once a discrepancy is identified, the person recorded as the father in the birth document has the right to challenge his status by filing a claim with a judicial authority.

In addition to the father, the initiator of the challenge may be:

• second parent;
• jointly father and mother;
• adult child;
• guardian.

The challenge takes place in court on the basis of a claim. If the fact of a child’s conscious confession is revealed when registering a certificate at the registry office, the court is 100% likely to refuse to satisfy the requirements. Similar situations include cases where fertilization was carried out using the biomaterial of another man in medical conditions, when the person could not help but know that he would not be related by blood to the child.

Download the Statement of Claim to challenge paternity. Sample (30.0 KiB, 428 hits)

Termination of paternity through contestation requires the presentation of objective facts that there is no relationship between the adult and his ward. Cases of challenging paternity often end in the court's refusal to satisfy the plaintiff's claims.

How long does it take for another person to adopt a child?

Until a person registered in the registry office as a father is deprived of his rights as a parent, no legal action, including adoption, can be taken by any body or service.

Since the decision to voluntarily renounce one’s rights as a parent will be made and will come into force only after six months have passed from the date of filing the application to the court , after which the civil registry office will make changes to the child’s birth record, crossing out the name of his father, and will release this line. Then adoption will become legally possible.