Can a father renounce paternity and not pay child support? Relinquishment of parental rights by father or mother voluntarily I want to renounce parental rights

Situations often occur when fathers agree to voluntarily give up parental rights. There are many reasons for this: some doubt that they are the biological parent, while others simply do not want to make child support payments.

In such cases, the mother often wants to carry out the procedure for the father to renounce his legal rights. Sometimes mothers do not need help in maintaining and raising a child, they are not afraid to be left alone and they are not afraid of the process of establishing paternity through an examination and depriving the father of the rights to the child.

With regard to such families, the problem is only one thing - how to competently renounce paternal rights. Also, many are interested in the question of the obligation of the child’s father to pay child support payments in the event of his voluntary renunciation of parental rights.

The father can waive his rights to the child only by filing an appropriate application that meets the requirements of the law. When notarizing it, qualified legal assistance is provided, but the notary does not give any instructions regarding the issue.

The father’s application for renunciation of rights to the child and consent to adoption by another person, drawn up at his own request, is submitted by the father to the guardianship and trusteeship authority. This document must be certified by a notary.

For the judicial authority, such a statement will serve as proof of the fact that the father independently decided to renounce parental rights, and this document is legally significant. But at the same time, such a statement does not relieve the father of his responsibilities.

Renunciation of paternity of one's own free will is carried out in the same manner as when depriving rights to a child:

• the mother must file a statement of claim with the court and justify the reason why the father is subject to deprivation of legal rights;
• the judicial authority accepts the claim for consideration and sets a date when the case will be considered on its merits, with the obligatory presence of the father;
• after all aspects of the case have been studied, the court satisfies the stated requirements or refuses them.

It is important to take into account that if the refusal was not formalized by the father according to his personal will, then the mother must indicate the essential basis for the stated requirements (rude behavior of the father, alcohol or drug addiction, failure to participate in raising the child) and provide appropriate confirmation.

When the father agrees to renounce his rights to the child of his own free will, then in the legal process he may simply not object to the demands made by the mother.

This procedure can be carried out in the following ways:

• appear at the court hearing and support the wife’s demands;
• submit a written request to the judicial authority to consider the case in his absence. Then the father may not participate in the process;
• draw up a consent containing a renunciation of paternity, certified by a notary, and submit it to the court or to the guardianship and trusteeship authority. This will require an indication of the reason for such refusal.

Any of these methods is carried out in court, since only a court can determine whether deprivation of paternity is required in a particular case.

Voluntary renunciation of parental rights of the father and alimony

Often fathers who express a desire to renounce parental rights have questions regarding child support payments. Will the biological father be required to provide financially for the child if he renounces his legal rights?

A citizen deprived of paternal rights does not lose his obligations to provide financial support for his offspring. For this reason, it is impossible to avoid alimony payments. This rule is enshrined in Article 71 of the Family Code of the Russian Federation.

In such situations, deprivation of parental rights often occurs simultaneously with the issue of child support. For this reason, the court decision specifically establishes the amount and terms of payment of payments to ensure children's interests.

However, if such a refusal is required for the adoption of a child by the mother’s new husband, the father is released from financial responsibilities. This means that the biological father and his offspring no longer have anything in common.

There is one way to voluntarily renounce paternal rights - to confirm that the child is not a blood relative. In this case, it is necessary to conduct a DNA test and send a statement of claim to the court to renounce paternal rights.

If the procedure carried out indicates that the person is indeed not the father, then the court will satisfy the stated requirements. Then the man will not have the need to make alimony payments for the reason that the minor is not his child.

Sample of voluntary renunciation of parental rights of the father

An essential feature for renouncing paternal rights is the execution of the application required for this procedure. The court attaches to the case only such documents that are drawn up in the required order.

The father must express such a declaration of will in writing, using a specially provided form. The text of the document is subject to mandatory notarization. If this requirement is not met, the application will not have legal force.

The father's renunciation of the rights to raise the child must necessarily include the following data:

• name of the authority to which the document is sent;
• personal data of the father who decided to lose the rights to raise and communicate with minor children;
• details of the identity document of the submitter of the claim, information about his place of residence;
• a document containing the waiver of rights to the child and its justification. It is necessary to enter the personal details of the minor and his date of birth;
• renunciation of paternity and consent to the adoption of a child by another person;
• place of execution of the document, date of its preparation, signature.

You should know that when drawing up such a statement of renunciation of paternity, it should be noted that the mother does not lose her parental rights.

You can download a sample of a father’s voluntary renunciation of parental rights

Consequences of voluntary relinquishment of parental rights by the father

When a man voluntarily renounces paternity, the same legal consequences arise as in the process of forcibly depriving parental rights.

This procedure provides for the inability of the legal parent:

• raise your offspring;
• be the legal representative of the child in any institutions and organizations;
• prevent the detention of a minor by other persons;
• be the child's heir in the event of his death;
• receive state benefits and other payments for your son or daughter.

A father who renounces his legal rights to a child loses his rights to receive future child support payments from him.

Even if a man becomes incapacitated, the judicial authorities do not have the authority to oblige a child whose upbringing is abandoned by the father to provide financial support to such a person.

Before we get to the topic of the article, let us remember that children’s right to financial support from their parents is indisputable. In other words, voluntary renunciation of paternity does not exempt the father from paying child support. Is it possible to voluntarily renounce paternity? How to collect child support from a father who has abandoned his child? We will give answers to these questions right now.

We have already examined issues related to alimony from parents deprived of their rights to a child. To find out more, go.

According to the Family Code of the Russian Federation, there is no voluntary relinquishment of parental rights. This term is used by lawyers to describe two types of out-of-court decisions:

1. On depriving the father of parental rights;
2. Transfer of parental rights to another person (consent to adoption).

Regardless of the circumstances of the case, the process in any case will be long and painful for both parties and the child himself. The main reasons for filing a claim to disclaim paternity are:

1. The child is not the father's own:
2. Conscious deception of the mother about the relationship between father and child;
3. Ignorance of parents that the child is not their own;
4. Medical error in the maternity hospital.

If the child turns out to be registered with a stepfather, and this fact is confirmed by the results of a DNA test or testimony.

If the stepchild was registered in the name of the father, who knew about all the nuances of the birth, then in order to renounce paternity he only needs to sign a permission to adopt and transfer parental rights to another person.

Grounds for denial of paternity.

The procedure for renouncing paternity can only be carried out by a court order with consideration of all the circumstances of the case and examination of all evidence. Having received permission to renounce parental rights, the father relieves himself of all responsibilities for raising and providing for all the needs of the child.

Parents cannot give up parental rights. You can only challenge the fact of paternity.

If the mother of the child applies for deprivation of the parental rights and responsibilities of the father, and vice versa, then she needs to collect evidence of the dishonest performance of parenting responsibilities by the other parent. As a basis for removing parental responsibilities from the defendant, the court accepts evidence:

• Avoidance of raising a child;
• The father's refusal to provide the child with medical care and necessary medications;
• Refusal to pick up the baby from a maternity hospital or orphanage;
• Abuse or mental abuse of a child;
• Alcoholism/Drug addiction in an advanced stage;
• Abuse of parental rights;
• Sexual violence;
• Committing crimes against the life or health of a wife or child

If at least one of these offenses is proven, the parent will lose all rights to the child and to receive financial assistance from him in the future. In addition, they will not be able to receive benefits from the state for raising children.

Also, issues of cohabitation with a father who has renounced paternity are decided by the court. But, despite the ban or permission, the child’s own child cannot lose the right to inherit the father’s property and receive alimony.

Parental rights can only be restored to natural children if the father proves positive changes in his lifestyle. If the child is over ten years old, the father must obtain his permission to restore paternity.

The legislation allows the replacement of deprivation of parental rights with their restriction, prohibiting the father from participating in the upbringing of children.

Expert opinion

Marina Bespalaya

In 2011 she graduated from the University of Internal Affairs with a degree in jurisprudence. In 2013, master's degree course, specialty "law". In 2010-2011, a course at Portland State University (USA) at the Faculty of Criminal Law and Criminology. Since 2011 - practicing lawyer.

Part 2 of Article 154 of the Family Code states that every child has the right to a full-fledged family, cohabitation with a parent, communication with his mother and father, as well as the care and financial participation of his mother and father in raising and growing up. The exception is a violation of the interests and rights of children by the parents themselves. Therefore, the law provides for a limited list of circumstances that make it possible to initiate voluntary or forced deprivation of kinship.

How to transfer paternity to another person: sample application.

A situation often arises when the father loses his legal status by transferring parental rights to another man who has registered an official marriage with the child’s mother. In this case, it is enough for the natural father to submit an application certified by a notary to transfer parental rights to another person.

A sample of this application can either be obtained from a notary’s office or from the trustee authorities.

In the application, the father must indicate:

1. List of organizations indicating the addresses where the application is submitted:
   1. MARRIAGE REGISTRY;
   2. Guardianship and trusteeship authorities;
2. Explain the desire to renounce parental rights;
3. Specify the basis for deprivation of paternity;
4. Enclosed written consent from all parties (mother, father, stepfather, if the child is over 10 years old, then consent from him);
5. Documents confirming paternity;
6. Certificate of marriage and divorce with the child’s mother.

At the end of the document, put the date, signature and provide all contact information.

Only a parent who transfers parental rights to another person is exempt from paying child support. If parental status is forcibly deprived, the obligation to pay child support is not removed.

Sample application for deprivation of father and parental rights.

Court proceedings can begin consideration of a case of deprivation of paternity only by accepting a statement of claim from the other parent.

You can download a sample application.

Litigation to recover child support from a parent who has denied paternity?

Collection of alimony from a person deprived of parental rights takes place on the basis of a court order or. Only the legal representative of the child’s interests can submit a writ of execution to the bailiff service:

• A mother raising a child on her own;
• Prosecutor's office employees;
• Orphanages, boarding schools, in whose care the child is;
• Trustee bodies;
• Guardians or adoptive parents.

The presence of employees of the prosecutor's office and guardianship authorities at the trial guarantees that all the property and non-property interests of the child will be respected. In addition, they also control the assignment of child support to a father who renounces all parental rights, and provide a full report on the child’s usual living conditions.

If the prosecutor notices in the case a criminal offense committed against a child by one party or another, as well as blackmail of the father in order to obtain his voluntary renunciation of paternity, he will initiate a criminal case.

Read other features of child support payments.

When deciding on alimony, the court relies on the following circumstances of the case:

• Physical and financial situation of parents;
• The reasons that served as the basis for the refusal of paternity;
• Requirements from the alimony collector;
• Grounds for compensation for material or physical harm caused to the life and health of the child and his mother (a separate claim is filed).

If the father has changed his mind about the matter and has changed his mind about renouncing paternity, he has the right to do so during the trial. However, after receiving a court-approved decision, he will not be able to withdraw or challenge its decision.

After a court decision is made satisfying the claim for renunciation of paternity, within 3 days the civil registry office must make changes to the parent column in the register of citizens and the child’s birth certificate.

Consequences of voluntary renunciation of motherhood or fatherhood

Regardless of who exactly renounced parental rights or agreed to transfer them to another person (father or mother), they are both deprived of the same rights to the child:

• Prohibition on participation in raising a child:
  • Choosing a kindergarten, school or any other educational institution;
  • Teaching the child socially important rules and norms;
  • Development of a child's moral consciousness.
• Loss of the right to protect and represent the interests of the child:
  • Prohibition on granting permission for vaccinations and medical procedures;
  • Permission for a child to travel abroad;
  • The father will not be able to represent the child in court;
• Loss of right to inherit:
  • Exclusion of the father from the list of heirs to the child’s property in the event of his death;

If a father who renounces paternity loses the right to inherit the child's property, the child retains it.

• The father or mother loses the right to state benefits:
  • For pregnancy;
  • Maternity leave;
  • Reducing the amount of deductions at work;
  • Benefits for childbirth and child care, etc.

If you have any questions about how to renounce parenthood, please leave a comment at the bottom of the page. Our lawyers will help you resolve any issue.

According to the law of our state, parents are considered to be persons who are indicated in the vital records in the registry office and in the child’s birth certificate as parents. The law is such that renunciation of parental rights is impossible. But there are circumstances when this can be done. There are several grounds when a father or mother has the right to renounce parental rights.

Any parent, this applies not only to the mother, but also to the father, bears the same responsibility to their children. The procedure for depriving paternal or maternal rights is absolutely the same. The grounds for refusal may vary.

If one of the parents constantly evades parental responsibilities. This also applies to the payment of alimony intended for the maintenance of children. If one of the parents is “involved” in drug addiction or alcohol abuse and if one of the parents systematically or even in some cases causes harm to children (and not only physical, but also psychological);

The basis may also be an unjustified refusal to pick up children or a child from a hospital ward, maternity hospital, educational institution, etc.;

If the family does not raise children correctly, that is, they force the child to drink alcohol, force them to take drugs, or induce them to engage in various illegal activities. If parents or someone else threatens the lives of children or a spouse, threatens mental or physical health.

But this refers to a forced refusal, which is brought about by the relevant authorities, either guardianship authorities, social workers, or the department for minors. But there are many cases when abandonment of a child is voluntary. This happens when, at the request of the father, the child was adopted upon marriage to a woman who had him either out of wedlock or from his first marriage, and after several years of marriage, the father begins a new life, the marriage is dissolved, and he wants to renounce parental rights . The same thing can happen to a mother.

In this case, the grounds for refusal may be:

If the child was previously adopted;

If you have health problems (not only physical, but also mental).

If one of the parents decides to voluntarily renounce parental rights, then the procedure will not be complicated.

The procedure for the father's voluntary renunciation of parental rights

Even if there is no such article in the legislation of our country, it can be done. If one of the parents has firmly decided to renounce parental rights, then he needs to contact a notary.

Approximately the scheme of actions will be like this:

You need to write a statement (it must be from the father) that he waives his rights. It is also indicated that he not only renounces parental rights from children or a child who is under eighteen years of age, but is also not against his further adoption. You can indicate a request not to be summoned to court in this case. The notary must certify, sign and stamp this document.

This paper is given to the parent, who becomes the sole parent. Only this matter needs to be completed. Then you need to submit this statement to the guardianship authorities and two witnesses, and it is better if they can confirm that the parents (this applies not only to the father, but also to the mother) really do not want to take care of the child.

When all the signatures have been collected, the documents will need to be taken to court, preferably with witnesses (they still need to appear there and confirm their signatures).

The trial usually does not take long. If there is a statement of refusal, witnesses, then the decision will be made quickly.

Consequences after relinquishing parental rights

Before you decide to give up parental rights, you need to know that irreversible consequences await parents.

The rights to participate in the upbringing of the child will be lost forever and the rights to protect the interests of the child will be lost forever;

It will not be possible to reclaim the child from strangers or third citizens and it will not be possible to take part in, and give advice or consent to the decision on the further adoption of the child;

In the future, it is impossible to demand from the child, when he reaches the age of majority, assistance in maintenance.

But even if the child is abandoned, the father or mother, or both, are deprived of parental rights, he can voluntarily participate in providing for the child, and may be held liable if he causes harm to the child. The court, even after such a decision as denial of parental rights, does not relieve the parent of the obligation to participate in voluntary expenses for the child. He remains obligated to finance (if required) treatment and education and the like.

There are other reasons for relinquishing parental rights, such as when parents or guardians for some reason cannot support the child or raise them. But there are people who want to adopt a child and want to be his real parents. This only applies to children under the age of sixteen. For this matter, the consent of not only the parents (father and mother) or guardians, but the guardianship or trusteeship authorities is important.

An application is drawn up and certified by a notary. It must detail all the reasons why parents waive their rights. An application is also required from the leaders of the organization if the child is not at home. You can file the application directly in court and place it in the adoption file. If before the end of the case the parents change their minds about their decision, they have the right to terminate the case and withdraw the application. The court often takes the side of the child and it is important that he grows up in his family of origin.

If you still firmly decide to formalize the waiver of parental rights, parents can indicate in the application the person to whom they give their consent to adoption.

There are cases when consent for adoption is not required. This is if:

If the parents are unknown, missing and there is documentary evidence for this;

If the parents were previously recognized by a court decision as incompetent;

If the parents were previously deprived of parental rights by a court decision and if the parents did not live with the children for six months and avoided their responsibilities in every possible way, that is, they did not raise them and did not support them.

Most often, mothers suggest that fathers renounce parental rights. The reason may be non-payment of alimony and a new marriage. There are times when a new spouse wants to adopt a child and give him his last and patronymic names.

In such a situation, lawyers suggest first trying to find the “irresponsible” father (or mother) and agree to draw up these documents voluntarily. If this cannot be done, then you need to contact the guardianship authorities or the department for minors. There are qualified employees who will always help you fill out an application correctly and tell you what documents you need to prepare. Only they can correctly formulate a conclusion about the need to take such measures.

A statement of claim requesting that the unconscious parent be deprived of parental rights must be sent to the defendant’s place of residence. If it is unknown at the moment, then it must be sent to the last known residential address or to where his property is located.

To deprive a father (or it could be a mother) of parental rights, you will need the following documents:

Copies of pages from the passport (main page, place of registration, page where children are indicated, and, at discretion, the page where marriage registration is indicated), copy and original of the child’s birth certificate. If the marriage with the defendant was concluded and/or dissolved, a copy and the original are needed;

A court decision on the collection of alimony (this is the case if the application was sent and the court made a decision). You can also submit another document on the agreement to pay alimony (this could be a statement or a receipt from the defendant). You must submit a certificate from the FSSP, which must indicate the amount of alimony owed (it can only be taken if a court decision has been made), you can take correspondence with bailiffs (if there was one). If alimony was paid in any way, then you need to present receipts;

You need to take a certificate from the FSSP, which states that the debtor is wanted and the date from when must be indicated (this is if the defendant was wanted for non-payment of alimony). If possible, then you need to take a reference from the plaintiff’s place of work. It is also necessary to take a description from the child’s educational place (this could be a preschool institution or any other educational institution).

You need to take a certificate of the plaintiff’s salary and we must not forget about the registration certificate (its form 9). You need a certificate about the characteristics of the residential premises (this is Form 7). These may be documents that establish the plaintiff's title to the property.

It may seem that you need to collect a lot of documents, but only by having them all and presenting them to the court can you bring the matter to an end. A court decision to deprive parental rights is not an easy one, and it is always carefully considered.

For those who have decided to renounce their rights to a child, you need to know how they can be restored.

Restoration of parental rights after refusal

A child whose parents have been deprived of parental rights cannot be adopted until six months have passed after the court decision. This time is not given by chance. Parents are given the opportunity to think about their decision or improve and change their lifestyle. The court is always on the side of the family and everything is done to keep loved ones together. Therefore, if, after all, the parents or one of them decided to acquire the status of “legal parent” again, then we must try to restore it within this six months. The court will cooperate if the parents have recovered from alcoholism or drug addiction during this period of time, got a permanent job, or changed their attitude towards the child.

To restore rights after relinquishing parental rights, the court needs time to check and confirm that everything is true, and the parent has really changed his lifestyle and changed his attitude towards the child. Restoration is also possible only after six months; the report begins from the date when the waiver of parental rights was established and the resolution was put forward. But the law also has a postscript that says that if a child does not want his parents to return to him, then there can be no talk of restoration. Often during court proceedings, in cases where children are involved, a child psychologist always works. Typically, consent is asked from children who have reached the age of ten.

There are articles in the law that affect the interests of children, even if many believe that the reasons for returning parental rights to a parent are unfounded by the child, the court will still be on the side of the child, no matter what objections the adults raise. If the child agrees that parental rights be returned to the father (mother), then the court returns them.

Where is information about parental rights and responsibilities available?

To better learn about parental rights and responsibilities, you should read the Family Code. There are many articles that are devoted to this topic. This is Article 69, it is called “Deprivation of Parental Rights”. Article 70 describes the entire procedure for conducting this case. Article 72 describes how parental rights are restored.

There are many more articles that relate to family, family problems and parental rights and responsibilities. There are no articles in the legislation that specifically relate to refusal. Therefore, when considering this case, lawyers rely on articles that are devoted to deprivation of parental rights and articles on adoption. All accurate information can be obtained by seeking help or advice from specialists. Call!

The Russian Family Code does not have a clear and unambiguous formulation of “abandonment of a teenage child,” since such a concept would have a clear negative connotation from the point of view of morality and morality of society. Legally renouncing paternity and freeing yourself from the “burden of parenthood” is possible only by registering consent to adoption(adoption) of your child by another person.

However, before you take one of these major steps, you should remember:

• upon deprivation of parental rights regain your opportunity It is still possible to become the father of a child, but you will have to bear the burden of paying child support until the child reaches adulthood;
• a person who has expressed his consent to the adoption of an offspring by another person, “as a reward” for such release from parental responsibilities, is also freed from the need to pay child support, but he will never be able to again to be able to regain the rights of a parent and the happiness of raising this child on their own.

Is it possible to refuse paternity?

This question is often asked in modern society by fathers, who mostly live separately from their children and are reluctant to participate in their upbringing. There is simply no clear answer to this question in the legislation, since the wording itself does not provide for how one can renounce paternity/child (maternity).

However, even the law cannot force a competent adult to be the father or mother, so the Family Code of the Russian Federation provides for certain nuances in resolving this expression of will.

It is still possible to free yourself from the “burden of parenthood,” but these paths are called in legislation for moral and ethical reasons differently from “child abandonment,” and are provided for by them 2 possible way:

Notarized abandonment of a child by the father (sample consent for adoption)

A statement expressing consent to the transfer of paternal rights and responsibilities must be drawn up in in writing, without fail notarized and contain the following information:

• name and address of the court to which the application will be sent for further consideration;
• Full name and the applicant's address;
• details of an identity document (passport);
• Full name, date of birth of the child in respect of whom this declaration of will is written;
• expressing a decision on consent to adoption;
• indication of the reasons for this decision;
• consent to the possibility of subsequent adoption of a child (by a specific person or without specifying a specific person);
• agreement with the impossibility of canceling this decision;
• a request to consider the case in court without the presence of the applicant (optional);
• a statement explaining the consequences of this decision;
• signature of the applicant and date of preparation.

Sample Applications for consent to adoption are possible.

Cost of document registration at a notary office is 1,500 rubles. When drawing it up, the notary takes responsibility for the correctness of the drafting, confirmation of the parent’s sanity, his legal capacity and independence of will (i.e. the absence of coercion).

Consequences of deprivation of parental rights and consent to adoption

The consequences of renouncing parental rights to a minor child also depend on the specifics of its registration.

1. When depriving parental rights, the father:
   • Art. 87 RF IC) and the right to benefits and state benefits;
   • is obliged to pay monthly child support;
   • has the right to restore lost rights in court.
2. Upon consent to adoption, the father:
   • loses the opportunity to participate in raising the child;
   • loses the right to receive maintenance from him (Article 87 of the RF IC) and the right to benefits and state benefits related to the child;
   • exempt from paying child support;
   • has no right to restoration of parental rights.

Is it possible to abandon an adopted child after a divorce?

Adoptive parents have absolutely the same rights as natural parents, just as adopted children are equal to the rights of natural children. Consequently, a family (or one of the parents) can abandon an adopted child in the same way as they received consent for this - by filing a corresponding statement of claim with the district court “On the cancellation of the adoption of a minor child”.

During the trial, the reasons for this expression of will are clarified in detail, and the court does not always satisfy the wishes of the parent, since at the previous court (on the issue of adoption of this child), the parties (father and mother) were explained in detail by the guardianship and trusteeship authority the consequences of accepting a child into the family, including the problems of challenging it.

Situations in life develop differently. Sometimes the child’s parents, for various reasons, cannot or do not want to raise the child. In this case, they are interested in the question of how to formalize a voluntary renunciation of parental rights and what consequences such a decision will have.

The Family Code does not contain the concept of voluntary relinquishment of parental rights. However, in fact such a possibility exists. But we must understand: even if a person does not want to take part in raising his child, desire alone is not enough for this. Only a court can legally cancel a relationship.

Expert commentary

Gorchakov Vladimir

The procedure for voluntary renunciation of parental rights is similar to their deprivation. The main difference is the time it takes to prepare documents and consider the case. Usually the issue takes a long time, since the plaintiff needs to collect evidence of the validity of such a measure. But if a person writes a statement that he voluntarily renounces parental rights in relation to a child, the consideration of the case takes place as soon as possible.

The reasons for such a decision can be very different. Sometimes it is taken in the interests of the child. For example, the parents divorced, and after some time the woman got married again. If the relationship between her new spouse and the child is good, a decision is made to adopt the child. The natural father can meet this desire halfway, write a statement renouncing parental rights and confirm his consent to the further adoption of the child. After the trial, the biological father has six months to change his decision. If he does not change his mind, then at the end of this period the woman’s new husband officially formalizes paternity.

Sometimes women ask a man to formalize a waiver of parental rights in order to obtain the status of a single mother. This makes it possible to claim additional payments and benefits, for example, when enrolling a child in kindergarten or increased child benefits. There are also often situations when a woman abandons her child immediately after his birth and does not take him from the maternity hospital. Parental rights are also waived by people who do not want to take part in the lives of their children and shift all responsibilities to the other parent.

At the same time, the refusal of parental rights, as well as their deprivation, do not lead to the annulment of child support obligations. Even if you are no longer a parent from a legal point of view, a person is required to pay child support. The exception is if the child is adopted. At the same time, all other rights - to participate in raising the child, to financial assistance from him in the future and the opportunity to inherit his property - are lost.

How to write an application

The application for relinquishment of parental rights is drawn up in free form.

In the header, in addition to the court that will hear the case, you will need to indicate the guardianship and trusteeship authority, as well as the registry office department. The plaintiff also indicates his full name, address and telephone number. Since this is not a claim, there is no need to indicate the details of the second parent.

An example statement text looks like this:

“I hereby, of my own free will and unconditionally, renounce parental rights in relation to my son, Alexey Vitalievich Sidorov, born on February 8, 2013. I agree to the deprivation of my parental rights and the subsequent adoption of my child in accordance with current legislation.

I understand that my son may be adopted in the future. I understand that I will not be able to reverse this refusal after a court decision confirms my refusal or in any way terminates my claims against my son. Even if the court's decision does not revoke my parental rights, I will not be able to change my refusal once the decision to adopt my child takes effect.

The parental rights of my son's mother, Svetlana Alekseevna Sidorova, are retained in full.

I have read and understood what I have stated above and I sign it freely and meaningfully.

I ask the court to consider the case in my absence."

At the end, the applicant indicates the locality where the document was drawn up, puts the current date and signature.

After this, the application must be certified by a notary. He testifies that the document was signed in his presence by the same person who is listed as the author. The registration number of the application is also indicated here.

If a mother abandons her child in the maternity hospital until the registry office has issued a birth certificate, the procedure is simplified. The woman signs an agreement that the newborn will be placed in a government facility. Consent to the further adoption of the child is also indicated there. Usually, in addition to this, they are asked to provide information about themselves and the child’s father - full name, education, nationality, whether they are registered with the IPA. The refusal is certified by the head physician of the maternity hospital. He also submits the application to the guardianship authorities, who initiate the procedure for deprivation of parental rights.

It must be said that if a woman is married, then her mere desire to leave the child in the maternity hospital is not enough. The corresponding application must also be received from the father of the newborn, otherwise he will have to take care of the baby himself. If he does not want to do this, then the procedure will be initiated by the guardianship authorities.

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Kamensky Yuri

If the mother changes her mind, she has six months to take the child back. This can be done not only by her, but also by the biological father and potential guardians - grandmothers, aunts, adult brothers (sisters), etc. After the end of this period, parental rights will have to be restored through the court, and this can only be done if the child We didn’t have time to adopt.

Consideration of the application in court

If one of the parents voluntarily renounces parental rights, the package of documents for the court will be minimal.

You will need to submit:

• a copy of the child's birth certificate;
• a copy of the divorce certificate (if the parents were married);
• characteristics of the person with whom the child will live in the future;
• application for relinquishment of parental rights;
• receipt for payment of state duty.

Representatives of the guardianship authorities and the prosecutor's office must be present at the meeting. This is necessary to guarantee the protection of the rights of minors. Also, usually before the start of the trial, representatives of the guardianship authorities conduct an examination of the living conditions in which the child will subsequently live. This is necessary to ensure that the minor’s standard of living does not deteriorate.

There will be no need to prove the parent’s insolvency and failure to fulfill parental responsibilities during the court hearing, which significantly speeds up the procedure.

Consequences of relinquishing parental rights

The law gives parents who voluntarily renounced parental rights the opportunity to change their decision. They have six months to do this. Until this period expires, they can withdraw the application at any time and the court’s decision will have no legal consequences. Once the decision takes effect, the parent will no longer have legal rights to participate in the child's life. It means:

• he cannot insist on meetings with the child if the other parent or guardians object to such contacts;
• inability to participate in raising a child. In particular, the parent cannot decide where the child will live in the future, what school he attends, what clubs to attend, etc.;
• cannot be the legal representative of the child, protect his interests before third parties or in courts;
• cannot enjoy benefits, receive cash benefits and other preferences that are provided for the legal representatives of a minor;
• upon the onset of incapacity for work, he cannot claim alimony from the grown child;
• cannot inherit the child's property.

In this case, the severance of the legal connection is unilateral. Despite the fact that, by law, the parent no longer has the right to participate in the life of the child, this does not cancel his responsibilities towards the minor. He must continue to pay child support. In addition, the child retains the right to live in the parent’s apartment and inherit his property.

The final connection between the child and the parent is lost at the moment when the minor is officially adopted. After this, the biological parent can apply to stop withholding child support from him. In most cases, the court agrees and cancels the payer’s financial obligations.

Restoration of parental rights

After the decision comes into force, parental rights can only be restored through the court. Moreover, this can only be done if the child has not been adopted by this time. To do this, you will need to file a claim in court. In addition, it will be necessary to confirm that the circumstances that led to the relinquishment of parental rights have been eliminated, and the plaintiff is able to conscientiously fulfill his duties.