Child abandonment in the maternity hospital: legal and moral perspective. Abandonment of a child by a mother or father, abandonment of a child in a maternity hospital: procedure and legal consequences Abandonment of a child after childbirth

You can treat a mother who abandons her own child in a maternity hospital differently; each young mother has her own reasons for such an act, but the legal registration of abandoning the baby must be completed correctly.

Is it possible to abandon a child in the maternity hospital?

Based on the laws of the Russian Federation and the entire regulatory framework, it is impossible to find a document that would directly allow a parent to waive his rights to a child. Only a court decision can violate the inalienable right of a parent, based on actions in the interests of the child, but even in this case, the court limits the rights of the parents without completely alienating them.

Having complied with the court order, parents can try to regain full parental rights to the child, but this is not always successful. In order to protect the health and life of a newborn, to protect parents from committing unlawful acts towards their children, the state has provided a procedure for transferring a newborn to foster care under state supervision with the subsequent right to provide the opportunity to adopt such a child to other citizens interested in the baby.

If the baby is abandoned in the maternity ward, the final decision and assignment of the baby’s status is made by the court. At the same time, no one cancels the responsibility of parents to raise and provide assistance to a newborn; even after abandoning the child, the mother must participate in the life of the child to the extent possible until he reaches the age of sixteen.

The rights of the child remain unchanged, and it does not matter who is responsible for the child in a particular period; deprivation or restriction of parental rights does not in any way affect the rights of the child himself. In this case, we mean the right to inherit the property of the child’s biological parents legally after their death.

However, you need to understand that if a child is adopted by other people, the baby is deprived of the right to receive an inheritance after the death of the biological parents, and acquires rights in relation to his adoptive parents.

The inalienable right of the child remains to receive a state pension for the loss of a breadwinner if the baby was abandoned in the maternity hospital or the parents were deprived of their rights by a court decision. The child cannot turn out to be anyone’s; one way or another, under the supervision of the state, the right and responsibility to raise children will be realized.

How does child abandonment occur in the maternity hospital?

Parents who want to abandon their baby in a maternity hospital are explained by social services and doctors the full burden of responsibility for such a decision, the legal side of the issue. They carry out explanatory work, telling them what responsibilities will remain with them even after abandoning the baby, and what rights they will lose.

If the decision remains unchanged, then the parents need to write a statement of abandonment of the baby, motivating their decision; after consideration in court, it is this statement that will subsequently be the basis for deprivation of their parental rights.

The application is made in writing on the form provided for this type of document. After filling out the child abandonment form, the document is sent to the guardianship and trusteeship authorities, to the registry office, and to the court.

Application procedure:

At the top right you must indicate the full name of the authority to which the application is sent, most often the judicial authorities are included, sometimes it is necessary to send several applications to various supervisory authorities;
In the “from whom” column it is necessary to indicate the applicant’s full passport details, address of actual place of residence, contact information;
Formulate in writing the grounds for such a decision, describing in detail the reasons for abandoning the baby, indicating the child’s first and last name, date of birth;
Next, it is necessary to declare the parent’s consent to the deprivation of his rights in relation to the child indicated above in the text, and a full understanding of responsibility for his actions;
The applicant records that he agrees with the further adoption of the child by third parties, about the understanding of the irrevocability of the decision made, then the date and signature of both parents, if any, are put;
After this, the application on the specified form is sent to a notary for registration.

After the mother signs on the form, de jure she is considered a parent deprived of rights to the child, but if she voluntarily refuses for six months, de facto she will not be deprived of the rights of a parent in relation to this baby, since during this time the child will be in the hospital where he was born.

A six-month period is specifically provided for by law so that the mother can decide to leave the child and withdraw the application for abandonment of the child.

During this entire period, psychologists and doctors work with the young mother, explaining to her the wrongness of the decision. If necessary, the hospital's in-house lawyer provides free consultations on the mother's difficult life situations that prompted her to make such a decision.

If the mother decides to return the child, the application is destroyed.

The application for child abandonment can be downloaded here.

Is it possible to abandon a child in a maternity hospital anonymously?

It doesn’t matter how it turns out to carry out anonymous abandonment of a child in practice, this action is a crime, since according to Russian family law, any mother does not have the right to abandon her own child anonymously in the first six months of the baby’s life.

To summarize, it is necessary to note the following fact: parents who abandoned a child in their youth or due to some conditions, conditions or other reasons always remember their decision with regret. Only once having abandoned their baby, such parents are forever deprived of the opportunity to experience the joy of motherhood or fatherhood while raising their own child.

UrOpora.ru

Abandonment of a child in the maternity hospital: legal and moral view:

Child abandonment is a moral crime. Parents, regardless of social status and education, do this for several reasons, which for others are not a reason to leave the child in the maternity hospital.

How does this happen

Pregnancy these days most often becomes an event that is planned in the same way as buying an apartment or a car. And this aspect has a rather negative impact on the morality of young mothers who consider it possible to leave an unwanted child in a maternity hospital in the care of the state.

There is no legislative article or provision on child abandonment - there is only deprivation of parental rights for many reasons. However, parents whose child is doomed to live in a boarding school most often write consent for adoption. The mother is discharged from the maternity hospital, and the child is transferred to the Orphanage. Parents have six months to think about when else they can take their baby home.

The reasons for registering the abandonment of a child in a maternity hospital are mainly the financial and social disadvantage of the parents, the presence of an incurable disease in the child, the fear of a young mother that she may be punished for the birth of an illegitimate child, and many others.

If parents do not pick up their child from the orphanage within six months, they are deprived of parental rights through the court. However, such people, deprived of rights in relation to one child, can quite happily give birth to another after some time and raise them in the family.

There are not only “abandoned” children, but also abandoned children in the maternity hospital, who were left without applications and documents. Mothers of such babies simply run away from the hospital, literally in a robe and slippers. Employees of the maternity hospital, and then the orphanage, give the child a first name, patronymic and last name, issue a birth certificate and inform the guardianship and trusteeship authorities about this fact.

Refusal due to lack of funds

Dysfunctional parents do not always abandon their child due to emotional immaturity or degradation. Some simply cannot afford to support a child, and they, wanting a better future for him, are forced to take this step. Within six months, if there is hope for help from relatives or the state in raising a child, the parents take him home.

Not only the mother, but also the child’s father, as well as grandparents, who by law become the child’s guardians, can return the baby to the family. Mom and dad, despite the deprivation of parental rights, are obliged to participate in raising the child and pay child support.

Refusal due to the child having a disease

In the presence of a serious illness, the abandonment of a child in the maternity hospital occurs with the same frequency as the abandonment of dysfunctional parents. Doctors often contribute to this themselves, persuading the mother at the stage of pregnancy, when the disease can already be diagnosed, or after childbirth, to keep the child. Doctors motivate this by the fact that raising a sick child is very difficult, you will have to give up a lot in favor of the baby and spend certain funds on medicines and doctors.

When leaving a child in the hospital, many parents doubt whether they did the right thing. For such people, six months is the period during which they comprehend the action, the meaning of the child in their life, and return the baby to the family. An example of the fact that one can cope with an illness, or one can live with it, are famous people who not only take care of their sick children, but also take in disabled people from orphanages.

Refusal due to prejudice

Today, abandonment of a child in the maternity hospital due to the young mother’s fear that her parents will not accept the baby is not the most common. Nowadays single mothers appear all the time, for whom benefits and allowances are provided. Even during pregnancy, young girls choose a child rather than an abortion. Just a few decades ago, the birth of a child by an unmarried woman caused a stir in society, so there were many more “refuseniks” for these reasons.

Incredibly, it is documented that abandoning a baby is much simpler than, for example, alienating property. Meanwhile, transferring a small life into the wrong hands is a huge responsibility. The procedure can be different - both an application for consent to adoption and a targeted refusal. This means that parents formalize consent for adoption by someone specifically. In this case, two processes legally occur - deprivation of parental rights and registration of adoption (guardianship).

Statements from the mother and father of the child

A mother who formalizes the abandonment of a child in a maternity hospital must write a corresponding statement. It indicates the government body to which the document will be sent, information about the mother and child, confirmation of receipt of a warning about the impossibility of a reverse process, a request to consider the case in court without her participation, as well as a date and signature. This application is certified by the head of the institution where the mother and baby are located, and is sent, along with other documents for the child, to the guardianship authority.

A father's abandonment of a child occurs somewhat differently. The waiver application is written by a notary, where you can also obtain a form of such a document, which is then certified. Deprivation of the parental rights of the father in relation to the child (as well as the mother) occurs through the court.

If you give birth without documents

When applying to a medical institution, you must take your passport with you, since, according to the mother’s words, the data of the mother is not included in the birth certificate. However, the arrival of a woman in labor without documents may indicate that she did not have documents at all, or she lost them, so the woman is placed in an infectious diseases maternity ward just in case. Doctors do not have the right to leave a child in a maternity hospital without a mother only on the grounds that there is no passport. This document can be replaced by a certificate from the passport office confirming the replacement of an identity card, or a certificate from the police about the search. The child can be registered within a month after birth, so basically there are no problems.

Abandonment of a child by a mother without a passport

If a woman gives birth to a child without any documents, in fact she is not legally tied to him, so she has the opportunity to leave the walls of the maternity ward without issuing a waiver. In this case, the child will have dashes in the “mother” and “father” columns on the certificate, the child is immediately sent to an orphanage, and he can be adopted without a six-month period. Newborn children in the maternity hospital (photos of some of them are posted below) wait for their parents until the established examination time has passed. After this, as soon as the decision to recognize the baby as an orphan is officially ready, the parents, if they change their minds, cannot take the child home just like that - they must write an application, wait a certain period of time, provide documents (including a passport, which was not there at the time of birth ) and undergo other procedures provided for in these cases.

Refusal of doctor's services

In practice, you can also find home births, which are not a reason for refusing to register a child or recognizing him as an orphan. Registration of a birth certificate occurs in the same way as for a birth in a maternity hospital, with the only difference that a written or oral statement from the person who was present at the birth is required that the child was born by this particular woman.

Refusal to be admitted to a maternity hospital can occur not only at the request of a woman, but also due to a doctor’s mistake. Despite the existing law that a person who has a compulsory medical insurance policy can be served in any free medical institution for emergency reasons, a doctor may refuse hospitalization, explaining that the woman did not come with a registration and should be served by a maternity hospital in another area.

Deprivation of parental rights

In judicial practice, when considering cases six months after a refused application (consent to adoption), it is customary to summon parents to a court hearing, unless it is indicated that it can take place in the absence of the applicants. Thus, it is expected to resolve the issue of protecting the rights of the child and parents, recognizing that it is possible to take the child away from a government institution even after 6 months in court.

However, it is believed that the woman who abandoned the child in the maternity hospital and wrote a “refusal” form has already had the opportunity to change her decision, and the court is deciding the issue of deprivation of parental rights from the legal side. In fact, the parents already renounced their rights in relation to the child when writing the application. During the time that is given for reflection, you can improve your financial situation, which could become an obstacle, resolve the issue of treating a child if the reason for the refusal was an incurable disease, and many other problems.

The moral side of abandoning a child

The legislation does not contain an article on child abandonment, but many lawyers consider it necessary to introduce liability into the Family Code for both the abandonment of a newborn in a maternity hospital and the abandonment of an already adopted baby. Issues of morality in terms of returning a child back if he “didn’t like him” are very acute, since according to the law, adoptive parents can do this for a certain time. It should be remembered that a child is not a thing that can be returned to the store. This is a living human soul that suffers from the fact that it does not have relatives who could take care of it and give a piece of their warmth.

BusinessMan.ru

The procedure and consequences of abandonment of a child in the maternity hospital by the mother or father

People are designed in such a way that sometimes they abandon their children in maternity hospitals. Fathers refuse because they are unable to support minors and are separated from their mothers. Mothers refuse because they are too young and inexperienced, they are afraid of congenital pathologies found in their children, and so on.

Contents: 1. Legal regulation of child abandonment 2. The procedure for voluntary renunciation of paternity 3. Consequences of renunciation of paternity 4. Refusal of motherhood 5. Algorithm of actions for abandoning a child in the maternity hospital

Legal regulation of child abandonment

Voluntary abandonment of children is regulated by the following legal acts of the Russian Federation:

SK (in particular, art. 69-71)
Civil Procedure Code (Articles 23,34, 131)
Federal Law No. 143 of November 15, 1997 “On acts of civil status”

The procedure for voluntary renunciation of paternity

Family legislation of the Russian Federation provides for the possibility of a father voluntarily abandoning a child.

To do this you need:

visit a notary's office with the intention of having a notary certify an application for renunciation of paternity. It must indicate the reason why the man does not want to be the father of a minor, as well as the mechanism by which he will fulfill his parental responsibilities;
go to court with this application.

This issue is regulated by Art. 131 Code of Civil Procedure. Based on the results of the application being submitted to the court, its consideration takes place with the direct participation of government representatives - the prosecutor and employees of the guardianship department. They ensure that the rights of the newborn citizen are not infringed. This applies to the living conditions in which the child will live, as well as the material side of the matter - the lawful and correct calculation of alimony. If, for some reason, they are not present, then this is grounds for invalidating such a lawsuit. How the court hearing should be held is indicated in paragraph 4 of paragraph 1 of Article 23 and 24 of the Code of Civil Procedure.

Another important point: even if a father is deprived of parental rights, this does not mean that he should not pay alimony to raise his offspring. In any case, this is what clause 2 of Article 7 of the RF IC says. The only case when a father who has renounced paternity may not pay child support is his adoption by another citizen. Article 120 of the RF IC exempts him from paying funds. Responsibilities for providing for the minor are transferred to the person who adopted.

After the court decision comes into force, you must contact the registry office within three days, and he will change all records relating to this child.

If there is no one to adopt the child, then all alimony that will be accrued and paid in full is transferred to the mother, the appointed guardian or the institution where the child lives.

In matters of property, the law is also on the side of the child. A son or daughter has the right to claim part of the property of his father, who abandoned them. However, if the father has written a waiver of parental rights, then he cannot claim the property of his son or daughter.

Consequences of denial of paternity

What does relinquishing parental rights lead to? In essence, its consequences are exactly the same as in the case of forced deprivation. If the father wrote a refusal, then he:

Does not take part in raising and caring for the child;
Does not have the right to represent the rights of the child in all instances;
If, for some reason, the child dies, he has no right to claim part of the property;
Cannot demand from the state benefits that are legally guaranteed to parents.
Has no right to claim child support in old age.

The decision on voluntary renunciation of paternity comes into force 6 months after the court’s decision.

Before the end of the six-month period, the father, who suddenly became inflamed with feelings, may change his mind and withdraw his application for refusal.

Refusal of motherhood

Today, unfortunately, the level of responsibility of some mothers who have just given birth to their child and have not yet had time to pick him up from the hospital is so low that they want to abandon him. And they do this directly in the maternity hospital or the pathology department of newly born babies.

Formally, the reason justifying such a not entirely correct, from a moral point of view, act may be:

The worst thing about all this is that they don’t even bother to formalize their refusal correctly. As a result, social services are unable to submit the baby for adoption and he remains an orphan for a long time, losing his chances of finding his new family.

In order to legally formalize the abandonment of a child for a woman who is in an official marriage, she must enlist the support of her spouse, who must also confirm his readiness for such a decision. If the woman is not married, then the consent of the child’s father is not required.

Algorithm of actions for abandoning a child in the maternity hospital

Speaking in formal language, any woman has the right to formalize the legal refusal of the baby she has just given birth to while still in the maternity hospital. If we leave aside the ethical side of the issue, the procedure itself is simple. The main stages of this process:

The mother writes a traditional statement of refusal.
Together with all other documents, this application is sent to the guardianship authorities.
The state gives the mother six months to come to her senses and withdraw the application.
During this entire period, the baby is in the orphanage.

If everything goes well and the mother, who made a spontaneous and rash decision, refuses it, she will need to go through a more complex bureaucratic return procedure. But the fact remains that she will get the baby back.

If the mother does not want to return her child, then after a year she is automatically deprived of parental rights. After this, the baby has the right to adoption, as well as to the appointment of a temporary guardian. The role of the latter can be played by both the father and other close relatives. In the second case, permission from the guardianship authorities is required.

As you can see, it is very easy to abandon a child. And sometimes they don’t take this seriously. It will be more difficult to return the child later. That is why, when writing a statement of refusal, both mother and father should carefully consider their actions and the consequences they may lead to.

pravo.moe

Abandoning a child: a fatal mistake that does not remove any 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. However, 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.

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 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. “Cuckoos” who run away from the maternity hospital without permission actually doom their new life to permanent orphanhood.

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 there are no attempts from the mother to return and register the child as her own, she is automatically deprived of parental rights. In this case, the baby may be appointed a temporary guardian.

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;
Get your adoption permission document certified by a lawyer.

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.

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, but 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.

mjusli.ru

Should a mother pay child support when abandoning a child in a maternity hospital?

Different situations happen in life. It also happens that mothers do not pick up their newborn children from the maternity hospital. Let's not touch on the moral side of the situation. From a legal point of view, it is important to find out this: is it necessary to pay child support when abandoning a child in the maternity hospital?

Is it possible to free yourself from the burden of maintenance?

Firstly, it all depends on how exactly the documents are drawn up. If, for some reason, information about the mother does not appear in official documents, then there is no one to file claims regarding the payment of alimony for the abandoned child. But this situation is more the exception than the rule.

Usually, the abandonment of a child in the maternity hospital is formalized. At a minimum, information about the mother is recorded in the papers.

In general, according to the Family Code of the Russian Federation, you can stop being a mother only in one case - in case of deprivation of parental rights (Article 69 of the RF IC). It is also permissible to restrict the rights of parents (Article 73 of the RF IC), which is not identical to deprivation.

The same legal act contains norms that establish the following: parents are obliged to support their own minor children.

Consequently, if the mother abandoned the child in the maternity hospital, this does not exempt her from fulfilling child support obligations.

A mother who abandoned her child in a maternity hospital pays alimony, like those mothers who simply left the family, leaving the minor to live with:

father;
grandmother;
other relatives.

And what about the father?

The question of whether abandonment of a newborn is exempt from paying alimony is considered here from a legal perspective, but it is necessary to look at the problem from a sociological point of view, from the point of view of other disciplines.

What kind of mothers leave their children in the maternity hospital? Probably those who have some kind of problems: psychological or material. It is appropriate to give the following examples:

A mother who does not maintain a relationship with the child’s father does not want to raise her son or daughter alone or does not have the financial ability in her opinion.
The child is not desired by his mother or father.
A woman gave birth to a disabled child and is afraid of the difficulties associated with raising such a baby.

In many cases, when a woman wants to give up her child in the maternity hospital, the father either remains unknown or also does not want to raise his son or daughter. Should a father pay child support for an abandoned child? We can name several cases that are typical for the situation described, and based on them we can answer the question:

The woman was not married before and at the time of giving birth; nothing is known about her father. There's nothing you can do about it. Only she will have to pay. Unless the father's identity is established.
The woman was married to a man. The mother's husband is automatically registered as the child's father. Parents must allocate money for the maintenance of children. He, of course, has the right to challenge paternity. The main thing is that there are reasons for this. That is, a man should have doubts that he is the biological father.

Thus, answering the question of whether parents pay alimony for refuseniks, we can note: yes, family law does not exempt them from such an obligation.

What happens next?

The RF IC directly states: if a mother abandoned her child in the maternity hospital and does not want to raise him, then she can be deprived of parental rights.

How is the procedure carried out? It is implemented in court. In Art. 70 of the RF IC states that the judge has the right to immediately resolve the issue of collecting funds for the maintenance of an abandoned child. The guardianship authority gives its opinion. The prosecutor also speaks out on the issue. The court listens to the arguments of the parties and draws conclusions for itself, on the basis of which a judicial act is made - a decision.

The consequences of a court decision are:

the mother loses the right to raise her son or daughter;
she will not be able to demand money from the child for her maintenance in the future;
will not be able to formalize an inheritance if he outlives his son or daughter;
will not be able to see him, communicate, spend time.

However, it has been established that such a mother should be left in no doubt as to whether she should pay money to meet the needs of the minor. Yes, you have to pay.

Until when will the money have to be paid?

In some cases, is a mother who has abandoned her child and is deprived of her rights to him exempted from the need to fulfill a child support obligation?

Here we need to remember the general cases:

the child reaches the age of majority, if he is not disabled;
emancipation;
death of the recipient or payer.

But, as a rule, guardianship is quickly established over a boy or girl. The child is transferred to the care of specialized state or municipal institutions. Children are often adopted.

Upon adoption, the obligation to pay maintenance is removed from the biological parents.

That is, alimony will have to be paid until someone else begins to support the minor.

Is it possible to just forget about your son or daughter and not pay? Will not work. A debt will accrue, which will be collected sooner or later by force. And for evading payment of funds you can also get a prison sentence.

Procedure for calculating maintenance funds

How much money will be withheld from the mother? In the situation described, the general rule applies: for 1 child - 25% of income, for 2 - 33%, for 3 -50%.

But it should be borne in mind that many mothers who leave their children do not work. The court has the right:

establish a fixed payment amount;
oblige the calculation of alimony based on the average salary in the country.

Thus, the conclusion that there is no money - you don’t have to pay is incorrect. There is no way to avoid fulfilling the obligation.

The law protects the interests of children. This is stated in the country's Constitution. And the state machine, which may not always work quickly, will find a way to ensure that the minor receives the money due to him.

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sudotvet.ru

Abandonment of a child in the maternity hospital. Legal and moral view.

A pressing problem of our time is the growing statistics of parental abandonment of children. The nature of such parental behavior is difficult to explain; most often, the adoption of such a complex decision is influenced by social and economic factors, the lack of systematic interdepartmental control and proper preventive work on the part of the state.

Child abandonment, along with manifestations of parental cruelty, remains an extremely common phenomenon - about 1% of newborns are left without parental care in the maternity hospital.

Modern legislation provides for the obligation of parents to pick up a child from the maternity hospital, and does not contain provisions providing for a direct procedure for formalizing the abandonment of a child. At the same time, parents can be deprived of parental rights in court for culpable failure to fulfill parental responsibilities: refusal to pick up a child from a maternity hospital or medical institution, evasion of child support, abuse of parental rights, chronic alcoholism or drug addiction, child abuse, and so on. .

The most common form of voluntary termination of parental rights is the abandonment of a child in a maternity hospital. Let's skip the situation when the mother runs away from the maternity hospital and leaves the baby to the mercy of fate, since in this situation the documents will be processed directly by the medical institution and the guardianship authorities, and the child will be registered as a foundling. No one can subsequently adopt such a child, they can only arrange guardianship, since it is assumed that the natural mother may return.

If a decision is made to abandon the child, the woman writes a statement while in the maternity hospital addressed to the head physician; for official registration, the woman in labor will need a passport and a birth certificate from the maternity hospital; if the mother is married, then a corresponding statement will be required from the child’s father. A package of documents is submitted to the guardianship and trusteeship authorities. The child in respect of whom the statement was written is transferred to the neonatal unit at the children's hospital. After 28 days from birth, the child is transferred to an orphanage. In order for a woman to change her decision and take the child, 6 months are given; after this period, the deprivation of parental rights is legally formalized. If the woman in labor does not change her mind, the child may be given up for adoption or foster care.

It is worth noting that any member of the biological mother’s family can obtain guardianship over an abandoned child (preference is given to the father). Parents can change their minds and withdraw their child from a state institution at any time, but only until the moment of adoption. Abandonment of a child in a maternity hospital does not entail exemption from providing financial support to the child; the orphanage can collect alimony from the parents for the maintenance of the child until the adoption of the child.

Abandoning a child will never be perceived by society as a way out of any situation, even a critical one. Abandoned children are forced to spend the first months of life in hospital wards; they may lag behind their peers in development and have a lower level of physical development. Morbidity and mortality rates among abandoned infants remain consistently high.

If now a young mother thinks that her child will only be a burden and she won’t be able to cope with him, then you need to know that by the age of 40 and even earlier, most women who left their children or had an abortion in their youth feel like deeply unhappy people who have lost the meaning of existence. In addition, in old age it becomes simply necessary to care for children and grandchildren. When complex diseases develop and you can’t even reach your feet to fasten your boots, it’s scary to imagine having no one to turn to for help.

But you don’t even have to be an old man to encounter any disease that deprives a person of his usual capacity. Treatment of trophic ulcers on the lower extremities is very difficult and takes a long time. Regular dressings are required. It's difficult to do without help here. In addition to the care of doctors, the support of loved ones is necessary. Trophic ulcers detected in time are treated better and faster. Find out by following the link about the signs of ulcer development and undergo diagnostics.

Abandonment of a child by a mother in a maternity hospital is not provided for by Russian legislation, but does occur in reality. Women are usually forced to leave their newborn in the hospital by financial difficulties or serious health problems in the baby.

Mothers believe that abandoning a child will allow them to avoid the responsibilities of caring for and maintaining the child. This is wrong. A written refusal deprives a woman of parental rights, but responsibilities remain. This is provided for by the Family Code.

Procedure for abandoning a child in the maternity hospital

Russian legislation provides for the following procedure for abandoning a newborn:

the woman writes a refusal (indicate the full name of the head doctor of the hospital, the full name of the applicant, her address and passport details, voluntary abandonment of the child, consent to the adoption of the child by another person, place and date of signing the document);
the document is submitted to the chief physician of the maternity hospital;
the woman leaves the maternity hospital on the day the refusal is submitted, since funds for her maintenance will not be allocated after the refusal;
Six months later, the woman appears at the trial, where the judge officially deprives her of parental rights and orders child support.

The woman’s cooperation with the guardianship authority will help speed up the adoption. If the mother issues a birth certificate for the child and then gives written consent to the adoption, the child will be able to find new parents in the near future. Newborn children, especially those without serious health problems, are quickly adopted by childless couples. Thousands of people are on waiting lists to adopt young children.

Consequences of abandoning a child in a maternity hospital in Moscow

Refusal to pick up a child from the maternity hospital dooms him to six months (at least) in an orphanage. Guardianship authorities are obliged to give the woman the opportunity to change her decision and take the child into the family. The woman has six months to think about it. Only after this can the child be given up for adoption to strangers.

The following consequences occur for the mother when she abandons her newborn:

the obligation to pay child support until the child reaches 18 years of age;
obtaining the status of deprived of parental rights;
deprivation of the right to claim assistance for a child in old age;
deprivation of inheritance rights to a child’s property.

The consequences of abandoning a disabled child in the maternity hospital are even more severe. If you have a Group I disability, a woman will have to pay alimony not until she is 18 years old, but for life. The amount of child support will be determined by the judge based on the special needs of the child. Moreover, raising such a child by a mother would give her the right to numerous social benefits.

If the baby is adopted by other people, the obligation to pay child support is removed from the mother. Obligations to support the minor pass to his adoptive parents. If at this point the biological mother wants to return the child, she will be refused. The baby will return to her only if the adoption is canceled by the judge due to the guilty actions of the adoptive parents or lack of mutual understanding between the child and members of his new family.

Abandonment of a child by the father

Both parents have equal responsibilities towards the child. If a married woman refuses a newborn, and her husband supports this decision, he must also write a written refusal. If the spouses divorced before the birth, but 300 days have not passed from the moment of divorce to the birth, the former spouse is automatically considered the father of the child.

If he is sure that he is not the biological father of the baby, he has the right to challenge paternity and conduct a DNA test. Only after a trial to challenge paternity will his obligations to the child be released.

If the father does not support the woman’s decision, he has the right to take the child into custody. If a man is not officially the father (was not married to his mother), he has the right to prove paternity through DNA testing or in another way and receive parental rights. In this case, the woman will pay him alimony for the maintenance of their common child.

Assistance from a lawyer on issues of restoration of rights after abandonment of a child

If you want to restore parental rights after abandoning a newborn, our lawyers will represent your interests in the guardianship and trusteeship authorities and help with paperwork and court proceedings.

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I am a 19-year-old orphan, pregnant with my second child. If I give him up, will I be deprived of parental rights to my first?

Hello, I am an orphan, I am 19 years old, I have a 2-year-old child, and I am pregnant in the 6th month of pregnancy, can I write a waiver of the child in the maternity hospital, and do I not have rights to the first one? And will they not charge me for the elements?

Abandoning a child in the maternity hospital has certain subtleties that you should definitely know. This procedure has a moral and ethical side, and each person approaches it differently. It is important to understand that in general Russian legislation does not imply that parents abandon their children under any circumstances. The only exceptions are those cases when the court decides to limit or completely deprive parental rights in the interests of the child. But even such situations do not entail a complete cessation of the legal connection between children and parents.

It is worth knowing that in order to ensure the safety and normal development of the child, the court may provide for the children to transfer the baby to be raised by an adoptive parent or the state. In this case, the procedure involves denial of admission to the maternity hospital or deprivation of educational rights for a specific reason, both options involve a judicial procedure.

We will talk exclusively about the legal side of the issue, explain the algorithm of actions and the subtleties of the problem.

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Is it possible to leave a child in the maternity hospital? According to the law, such a right is not granted. It is believed that the rights of parents are inalienable, even if deprived. But under any circumstances, and this includes the abandonment of children in the maternity hospital, parents still retain the obligation to support a minor or a child up to a different age, depending on the specific circumstances.

In addition, the fact that the mother left the baby in the maternity hospital will not appear on his personal rights. This also includes hereditary ones. In other words, after the death of a parent who has been deprived of parental rights, the child retains the right to inherit. This will not apply to children who were adopted. In this case, the right of inheritance will apply exclusively to the property of the adoptive parents.

The personal rights of a child also include the possibility of receiving a pension in the event of the loss of a breadwinner. In particular, if the parent paying child support to his (non-adopted) child died at this time, then the state will pay a pension to the minor.

We can conclude that it is actually impossible to abandon a child (either the first, second or third) after his birth in the maternity hospital. But the state has developed a special algorithm, according to which it is possible to transfer the rights to upbringing either to other persons (allow adoption) or to the state. But child support payments for maintenance are still assigned to the parent by blood.

Reasons for abandoning a baby

The reasons for abandoning a baby are usually the following:

The child was born sick, disabled or with injuries.
Insufficient funds to raise a child.
Emotional immaturity, fear of being raised incorrectly.
Prejudice. The situation when the mother’s parents insisted on an abortion also falls into this category.

Now we need to understand how to abandon a baby in the maternity hospital. You will find an algorithm telling you how to write an application below.

Worth knowing! In maternity hospitals it is allowed to leave a child with Down syndrome, a disabled person or other diseases. The procedure is similar, and statistics say that many people do not want to take sick children home, fearing the consequences of the diagnosis.

Refusal procedure

The procedure for registering a refusal involves filling out an application by the woman who gave birth to the baby using a special form. The document is drawn up in the name of the head physician of the institution where the birth took place. This statement indicates that the child will remain in the maternity hospital, and the mother is not against the baby being adopted by third parties.

It is permissible to draw up a document in written form without strict norms. There is no sample as such. In the upper right corner you should indicate the addressee's name, Mother's full name and actual address of her residence. The baby's details are also indicated. It is necessary to certify the document with the woman’s personal signature. You can rely on the sample we offer as one of the options for drawing up an application.

As soon as the head doctor of the institution receives such a document, he reports the situation to the guardianship and guardianship authorities. They prepare the required documentation for the court, where the woman will be deprived of parental rights. Typically, this procedure takes up to six months. Essentially, this is the time that is given to the mother to reconsider the decision she has made, perhaps to cope with the life problems that pushed her to abandon the child. In some cases, this is enough for the mother to change her mind and still take the child home. This is possible within six months from the date of application.

You need to understand that parental rights belong to both the mother and the father. Accordingly, in order to abandon a newborn, a statement from a man is required. If such a statement is not received, then education is transferred to men’s shoulders.

Worth knowing! The father of the child is also considered to be the man who divorced the woman at the time of birth, but provided that less than 300 days have passed since the divorce. In such a situation, statements are required (no sample is needed, it is drawn up in free form) both from the woman and from the ex-spouse. Likewise, if the application is not received, then the upbringing of the child is transferred to the men’s shoulders. But the statistics are disappointing. The history of refusals of sick and even healthy children says that in rare cases a man agrees to raise them independently.

In all other cases, for example, if the woman was not married or more than 300 days have passed since the divorce, then only a statement from the mother is sufficient. If a man is aware that he is a father, he can take on the upbringing of the child, becoming his legal representative, guardian or adoptive parent. The situation is similar with all other relatives of the infant. They also have the right to become the legal representatives of the baby if the mother abandoned him and was deprived of parental rights for any reason. And remember that you always have six months to change your mind and still take your baby home.

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Consequences of the procedure

The consequences of the procedure are as follows:

Parents are deprived of the right to raise and take part in the fate of the child.
There is no possibility to represent children's rights in court.
There is no way to claim part of a child’s property if he dies.
Benefits will not be provided by the state.
There is no way to claim child support in old age.

Remember that the father, mother or their direct relatives can return the child to the family. This is only possible for six months after filing an application for voluntary renunciation of paternity and leaving the baby in the maternity hospital.

Abandoning a child in a maternity hospital is an extremely difficult decision, which is often made by a woman independently. It is difficult to imagine a valid reason that would justify such actions towards an innocent child, but, as statistics show, every year many newborn children are left without maternal affection.

The law does not provide for the possibility of abandoning her own child in the maternity hospital, but a woman has the right to write consent for the further adoption of her baby. This step gives her six months to change her mind and take the child without losing her maternal rights to him. She leaves the maternity hospital, and the child is sent to an orphanage. A single or married mother, as well as a biological father, can take the baby within 6 months. If this is not done, the refusenik is recognized as an orphan, and the parents are deprived of parental rights to him (but not to subsequent children).

Often people decide to take such a step because of a difficult financial situation, as well as if a sick child is born (for example, with Down syndrome), because of the severe dependencies of the mother, who will not be able to adequately provide for the baby’s primary needs.

In legal terms, the procedure for abandoning a child in a maternity hospital is simply to write consent for adoption. If six months after placing the baby in the orphanage, the mother or biological father does not change their decision, they are deprived of their rights as parents through the court. But these people, nevertheless, may well give birth to a child later and raise him in their family without legally negative consequences.

In addition to refuseniks, there are children whom their mothers simply abandon. They leave the maternity hospital without the baby, essentially running away and leaving no statement. Then the employees themselves give the baby his full name, draw up a birth document, and report this to the relevant authorities (police, guardianship and trusteeship authorities). Such a child will be adopted without waiting 6 months for the parents to “think about it.” Among people who, for one reason or another, cannot have children and are on the waiting list for adoption, the majority want to adopt a newborn child, preferably straight from the maternity hospital.

Reasons for refusals

Cases are described below when a mother, instead of simply running away or not providing the medical staff with documents, should actually write a consent to adopt the child in six months. These reasons are quite changeable; in 6 months the situation can really change, and the mother will want to take the child home.

Typically, biological parents who have abandoned their child are emotionally immature or degraded people (a mother is a drug addict, dependent on alcohol). But there are also cases when a mother abandoned her child in the maternity hospital because of poverty and a sincere desire to provide him with the opportunity to meet more materially worthy parents who can give the baby everything he needs. If within 6 months she feels support from relatives or close people, or finds a source of income (part-time job) herself, she will take her child back to the family.

In addition to the mother, Russian law allows the father or grandmothers, who can be granted guardianship, to pick up the baby. You should know that, despite the deprivation of the parents’ status, they are obliged to pay alimony for the child (at the request of the guardian). That is, the court takes away the rights, but the responsibilities to the child remain.

Sometimes doctors suggest that a pregnant woman terminate her pregnancy due to severe illness of the fetus in the womb. A woman who decides to give birth may have a desire to keep the baby after it is born.

Moms and dads may then agonize over their own indecisiveness and wonder whether they did the right thing by doing so. They also have six months to change their mind. If they feel the painful moral consequences of abandoning a child in a maternity hospital, in Russia they have the right to return him to raise him independently in his own family.

There have been cases where, due to a severe (curable) pathology, the mother abandoned the child, knowing that she would not be able to pay for the necessary expensive operation. During the first six months of the baby’s life, medical care was paid for by volunteers or benefactors, the child lost a terrible diagnosis, and the mother, having learned about
this, I took him home.

Currently, society has become more loyal to mothers who gave birth in a civil marriage or without it at all. Therefore, this basis on which a refusal may occur does not occur as often as previous cases. In addition, single mothers today receive various benefits and other support from the state. This allows them to make a choice in favor of having a baby and raising it independently.

In addition, abandonment of a child by the mother in the maternity hospital occurs due to the fact that the woman has become a victim of violence. But in such cases, even at the stage of pregnancy, social centers staffed by qualified psychologists will help her. They will help you survive the trouble and not transfer it to the baby.

Statements from the mother and father of the child

The paradox of the law is that the process of abandoning a child in a maternity hospital is much simpler than, for example, selling real estate. But if you think about what moral consequences await people in their future life, the injustice of the system and the shortcomings of the legislative framework become clear.

This process can take place in different ways. So, if parents decide to write an application for consent to adoption, this means that they want the child to be raised in the future in a family, and not in an orphanage. Then the procedure will take place in two stages: deprivation of the rights of parents, then the appointment of other people as guardians or adoptive parents. There is a certain document form (sample) where you should indicate the necessary information; it will be provided at the maternity hospital.

It also declares a notification of the fact that the consequences of this process cannot be changed in the future. The applicant confirms that he was warned about this.

Childbirth without documents

When applying to the maternity hospital, you must have your passport with you, since the birth certificate will not be written only from the mother’s words. If the woman in labor does not have documents with her, she is placed in the infectious diseases maternity ward. Doctors do not have the right to leave a baby without a mother because the latter does not have a passport. Instead, you can provide paper from the passport office or the police.

If a woman gives birth anonymously, without providing any of her documents to the maternity hospital, she is not legally connected to the baby. Therefore, instead of writing a refusal to abandon her child in the maternity hospital, she is thinking about simply leaving. If the mother leaves the maternity hospital without leaving any information about herself, then the baby will have dashes in the “Mother and Father” column. The baby is sent to an orphanage, where he can be adopted immediately, until he reaches 6 months of age.

If, after six months, the child is adopted by other people, the mother and father’s relatives have virtually no chance of returning the baby to the biological family.

The procedure for abandoning a child in the maternity hospital and after it is not much different. But if a woman in labor abandoned the child in the maternity hospital, but changed her mind and decided to take him away, she needs to go there and clarify the whereabouts of the child (he may be in the maternity hospital, in a children's hospital due to illness, or directly in the Baby Home). Next, the employees of the relevant institution draw up all the necessary documents, and the mother will again be able to claim her rights to the child.

Thus, when asking the question of whether it is possible to abandon one’s own child in a maternity hospital, the answer is actually positive, although in terms of the legal aspect the procedure will have a slightly different nature (registering an adoption permit). Having decided to take such a rash step, in the vast majority of cases, women greatly regret it in the future. Therefore, they are given a period of six months to come to their senses and still get their baby back.