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:
- Complete an application with a notary.
- Notify the guardianship authorities.
- 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.
- The court will determine the date of the hearing and consider the case.
- 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).
Abandonment of a child in divorce
Divorce in the presence of common children occurs judicially through a district court, in accordance with Articles 21-23 of the RF IC. The period for consideration of the case depends on the consent of the spouses. If one of the parties is against it, the case may drag on for up to three months; with the consent of both spouses, the divorce occurs no sooner than one month from the date of filing the application.
According to Article 24 of the RF IC, in divorce proceedings the fate of children is decided by the court. In case of abandonment of the child, a statement of abandonment is attached to the case. The objector needs to fill out an application for voluntary renunciation of parental rights with a notary and, before the trial, send it to the registry office, guardianship and trusteeship authorities, and they will send it to the court. The claim for divorce is filed separately.
Filing a claim in court
When the statement of claim (as well as additional documentation) has been prepared, it must be submitted to the judicial authority. You can do this in several ways:
- Handing over personally to the court office.
- By sending a letter.
- By transferring through a representative who has a power of attorney certified by a notary.
After the claim has been submitted to the court, the judge is given 5 working days to determine whether to accept it for proceedings or to refuse it for some objective reason.
If the judge decides to accept the claim for proceedings, an appropriate ruling is issued, a case is initiated, and the plaintiff is summoned to the trial. During the process, the claim and the documents attached to it are considered, after which the judge makes a decision, which comes into force after the deadline for appeal has expired.
If you abandon your child, do you have to pay child support?
Relinquishment of parental rights does not relieve the parent from financial responsibility (Article 74, paragraph 2 of the RF IC). The amount of alimony is determined in accordance with Article 81 of the RF IC. This is 25% of income for one child, 30% for two children and 50% for three children. The amount of alimony can be reduced or increased taking into account the financial status and other circumstances.
Exemption from payment occurs in accordance with Article 120 of the RF IC. If the child is adopted by another person, the responsibility for providing for it rests with him.
Deprivation of parental rights
The mother of a minor can also revoke paternal rights. By the way, there are situations when the former spouse becomes the initiator of the termination of the mother’s rights.
The court will not satisfy the demands without reason - the plaintiff is obliged to present reasoned arguments and facts that the parent is abusing parental rights, does not use them, and also does not fulfill obligations in relation to the child.
Sample application for deprivation of parental rights
The court may deprive a parent of his rights under the following circumstances:
- non-payment of alimony for a long period;
- cruel behavior towards a minor;
- drug or alcohol abuse, immoral behavior;
- committing an offense against a minor or his mother;
- refusal (without any reason) to pick up a child from a medical facility or maternity hospital.
Once a parent is terminated, they lose all benefits of parenthood. In particular, he cannot claim support after the child reaches adulthood. Inheritance rights and the right to receive alimony are not canceled.
There is an alternative solution to deprivation of rights - their restriction. In this case, the parent’s child support obligations remain. Family ties between father and child do not end; the court temporarily limits the father’s participation in the life of the minor.
What documents are needed to renounce paternity?
Documents are prepared in the amount of one copy for each participant in the process. List of required documents:
- child's birth certificate;
- certificate of paternity (if available);
- certificates from the place of residence of the father, child, mother;
- a receipt for payment of the state duty (Article 333.19 of the Tax Code of the Russian Federation);
- 2-NDFL from the place of work;
- documents related to the current case (court orders, character references, health certificates, etc.);
- certificate of divorce;
- court order for alimony.
How to deprive yourself of obligations to raise an adopted child?
A minor adopted child has the same rights as a natural offspring. According to Art. 142 of the RF IC, the following persons have the right to demand annulment of the adoption of a child:
- his biological parents;
- adoptive parents;
- prosecutor;
- guardianship and guardianship authorities;
- the child himself, if he is 14 years old.
According to Art. 144 of the RF IC, it is impossible to write a waiver for adopted children who have already reached the age of majority. An exception is made in the following situations:
- The child remains with one capable parent.
- The child agrees with the need for the procedure.
If the justice authority makes a positive decision, you need to go to the registry office in order to register the cancellation of the adoption. Within 3 days from the moment the decision to cancel the adoption enters into legal force, the court is obliged to send the corresponding extract to the civil registry office.
Application for abandonment of a child by the father - where to submit
Such cases are dealt with by the district court at the place of residence of the plaintiff or defendant. One of the parents or guardianship submits to the court on the basis of an application.
The application is an important document that reflects basic information about the refuser, the child, the reasons for the refusal and, of course, consent to future adoption. The notary must certify this application with his signature. The objector has the right not to appear at the meeting; in this case, this desire must be reflected in the application.
It is acceptable to draw up a statement in free form, but it must reflect:
- the name of the court to which the claim is filed;
- data from guardianship and trusteeship authorities;
- information about the objector and the second parent (full information on the passport);
- child’s details (full information from the birth certificate);
- the reasons that led to the abandonment of the child;
- consent to adoption;
- agreement that this decision is not subject to challenge;
- request to consider the case without personal presence;
- agreement with the consequences of the decision;
- signature of the refusenik indicating the date.
If a father (mother) wants to abandon several children, then an application for each child is drawn up separately.
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:
8 (800) 350-29-87
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.
Consequences of father abandoning a child
According to Article 71 of the RF IC, a parent who abandons a child loses all rights. Also, he cannot claim in the future for maintenance from him, he cannot claim benefits and allowances due to his parents. When a parent abandons a child, he or she loses the right of inheritance, and the child continues to be classified as an heir of the first category. An application for relinquishment of parental rights is written with an agreement to adopt the child in the future, and in the event of his adoption, restoration of paternity is impossible. In other cases, if the parent decides to restore his rights, the procedure takes place in court with the participation of the guardianship authorities. When the child reaches 10 years of age and only with his consent.
R.TIGER specialists will help you draw up an application, contact a lawyer right now.
- Assistance from lawyers regarding guardianship issues
Why do parents abandon their child?
According to statistics, the number of men filing documents to deprive paternity significantly exceeds the number of women. The reasons for such a decision are various: a simple reluctance to bear expenses in the form of alimony, a tormenting doubt about blood relationship, and much more.
It happens that mothers also become the initiators of abandonment, depriving the former spouse of the rights to the child. Some women are not afraid of being a single mother, they do not need material and moral support, and genetic research and lengthy litigation are not an obstacle for them.
A parent who has made a difficult decision wants answers to many questions. In particular, what documents are needed to abandon a child and how to draw them up legally? Is a man who is deprived of paternity obliged to support and provide for a minor?
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:
8 (800) 350-29-87
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.
✅ Is it possible to restore parental rights in the future after refusal?
Article 72 of the Family Code allows for the possibility of restoring parental rights to a parent if he has changed his lifestyle or position regarding raising a child. Parental rights can be restored only in court and with the consent of the child himself (if he is 10 years old at the time of the court hearing).
If, during the time that has passed since the deprivation of parental rights, the child was adopted, and the adoption was not cancelled, then it will not be possible to restore rights.
Who and how is looking for citizens running away from alimony payments?
Read
How do the unemployed pay child support? Terms and payment procedure
More details
Whose income is considered alimony: mother or child?
Look
Legal consequences
It is important to note that after deprivation of parental rights, the mother will be deprived of the opportunity to see the child and also take part in his upbringing.
The woman will also lose the right to receive benefits and various benefits. Abandonment of one's own offspring entails a complete severance of family ties with them. A woman is deprived of all rights to her child.
Before writing a waiver for your own newborn baby, you need to think carefully about everything. Otherwise, it will be impossible to reverse this decision.
Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7
, St. Petersburg
+7 (812) 425-62-38
, Regions
8800-350-97-52
