Parents for whom raising children has become an unbearable burden often believe that they have the right to abandon their parental duty. However, in reality everything is not so simple. According to the law, parents cannot directly express their refusal to raise their child. In this legal aspect, there are many nuances and points, without taking into account which it will not be possible to “shed the burden of responsibility.”

Thus, a parent’s voluntary refusal to raise a child is legally considered a somewhat unusual procedure. The problem is that the law does not regulate this right in any way, and in fact the courts are dealing with this issue.

Before making a final decision and giving up the rights to raise their child, parents need to carefully weigh the pros and cons, since in reality this procedure can result in a number of very unpleasant legal consequences.

One of the most common reasons why parents write a refusal is the desire of another person to adopt a child. This situation occurs when the mother of the child marries a man who is not the father of the child according to the documents. And if the newly-made spouse wants to become a full-fledged parent, then the child’s legal father must renounce his rights to raise the child. As a result, the father’s rights are automatically revoked, and the spouses can fully engage in raising the child without any legal barriers.

You can use the above method only if the relevant documents are drawn up correctly. For example, it is necessary to draw up an application in accordance with the articles of the Code of Civil Procedure of the Russian Federation, which must be certified by a notary.

The second reason is the transfer of all powers and rights to one of the parents. This practice is used if the child’s mother wants to obtain the status of a single mother. This status, as a rule, allows mothers to take advantage of a number of government benefits.

So what is the likelihood of getting a positive response from the court? As practice shows, the presence of compelling reasons for relinquishing parental rights can play a huge role in the decision of the court or the OPP.

The process of annulment of parental rights with the voluntary consent of family members is initiated only if, from the point of view of the current legislation, there are no restrictions for this. This rule also applies to all persons under the age of 18.

Legislation on voluntary renunciation of parental rights

According to the legislation of the Russian Federation, citizens cannot voluntarily renounce the status of a child’s parent; such a clause does not exist in the Family Code of Russia. Even if the court’s decision regarding your application to refuse to raise a child turns out to be positive, you should not naively believe that this will be the end of the matter, because payments for child support will not be refused, which means that you will still have to pay money for maintenance baby.

In life, quite often you can find families where spouses, due to certain circumstances, do not want to be together anymore, and therefore, to be fully involved in raising children. For example, a father negatively influences a child both morally and physically.

Therefore, if there is an applicant who wants to raise the baby with his mother by adopting him, then it is quite possible to do this with the voluntary consent of the child’s legal father.

According to Articles 69, 70, 71 of the RF IC, refusal to raise a child is equivalent to depriving a spouse of parental rights with all the ensuing circumstances.

Please pay special attention that the procedure must be carried out in accordance with the law: the application must be drawn up in accordance with the rules of Article 131 of the Code of Civil Procedure of the Russian Federation, and the court hearing must proceed in accordance with the requirements set out in paragraphs. 4 clause 1 art. 23, 24 Code of Civil Procedure of the Russian Federation.

How is parental rights renounced?

Only his mother can refuse to raise a child, provided that she signs the necessary documents immediately after the birth of the baby before he is registered with the registry office. This refusal will be considered sufficient grounds for the subsequent adoption of the child.

If the situation is somewhat different, and the baby is already officially registered, then parents can refuse to fulfill their rights and obligations to the child only by writing a statement to the courts and guardianship authorities, as well as to the registry office, demanding that they be deprived of their rights to raise the child voluntarily.

The court will consider the application and give a final answer. Without this step, a statement from parents will mean nothing. Also, at the meeting, the issue of assigning alimony will be decided, and the exact amount will be determined.

After the judge’s decision is announced and it enters into legal force, parents must appear at the registry office, where the information regarding the birth of the baby will be corrected.

Who should attend the trial?

The prosecutor and PLO officers must be present at the trial in order to protect the interests and rights of the child. In the absence of the authorized persons indicated earlier, the court hearing will be rescheduled or postponed.

Employees of these organizations must ensure that during the trial the issues of providing for the child, his whereabouts and the approval of his rights in the court decision will be resolved.

How to file a claim for relinquishment of parental rights?

The application must be drawn up in accordance with legal requirements. Therefore, start the document by indicating the full name of the addressee. Typically, the addressee of statements of this nature is the court, the PLO or the registry office.

A little lower, enter the applicant’s details: full name, number and name of the locality where you were born, as well as address and passport details. After the title of the document, proceed to compiling the main part.

A mandatory part of the application must be the words that you, of your own free will and without any conditions, renounce the rights of a parent in relation to a child born in such and such a city, on such and such a date (date, place, initials) and agree to deprivation of your parental rights and subsequent adoption of your child in accordance with the current law.

Please also indicate that you are fully aware that further child may be adopted, and you are fully aware that you will not be able to reverse the situation after a court decision.

Even if the court does not give a positive decision regarding your relinquishment of parental rights, you will not have the right to return the application if applicants for adoption of the child appear.

If the application is made by the child’s father, do not forget to state in a separate paragraph that, despite the father’s refusal, the rights of the mother (her full name) are retained in full.

At the end of the application, indicate that you have repeatedly read and understood what you have stated in the application and that your decision is free and meaningful. You also have the right to have this application considered in court without your presence, so if you want to use it, be sure to indicate this in the application.

Complete the application with the name of your place of residence, the date (in words) and your signature with a transcript.

Please pay special attention to the fact that this document must be notarized. The specialist will not only sign, but also register the application.

If there is already a guardian or person willing to adopt the child, then the issue can be resolved much faster. According to Article 129 of the RF IC, the child’s father can declare his renunciation of parental rights and consent to the adoption of the child by contacting the PLO authorities and a notary. In this case, litigation will not be necessary.

What legal consequences occur when a parent renounces his rights?

If parents voluntarily renounce their rights to their child, they face the same consequences as forced deprivation.

Deprivation of parental rights involves:

  • Refusal to raise a child;
  • Impossibility of indicating the baby’s data as a natural child in any authorities;
  • Removal from protecting the child from other people who are holding him;
  • Waiver of rights to a child’s inheritance after his death;
  • Impossibility of receiving benefits from the state that parents are entitled to.

Also keep in mind that in case of voluntary refusal, you should not count on receiving financial assistance from abandoned children if the parent is unable to work. Any court in this case will be on the side of the child, whose upbringing was once abandoned by his parents.

Is it necessary to pay child support after child abandonment?

After consideration of the case, as a rule, information about the baby is entered into the database for adoption. From the moment the decision is announced until a suitable family is found for the child, the parent is obliged to pay child support. As soon as the child has new family, according to article one hundred and twentieth of the RF IC, the biological parent may no longer provide financial assistance.

If no one adopts the baby, then before his eighteenth birthday financial assistance should go to the account of his mother, guardian or institution where the child lives.

Only if the mother has a man who is ready to take care of the baby and agrees to immediately adopt her baby, the woman can persuade ex-husband sign a voluntary waiver, which will significantly affect this law. In this case, the gap between refusal and adoption will be minimal, which means that the biological father may be able to avoid alimony altogether.

The minimum period for withholding alimony is six months.

Is it possible to revoke a decision to renounce parental rights?

If parents voluntarily refuse to raise a child, the law provides for a period during which the application for refusal can be withdrawn. This period is 6 months. It is provided so that the spouses have time to weigh all the facts and make a final decision.

Remember that the court's final decision on this issue cannot be challenged.

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

Until the person listed in the registry office as the baby’s natural father is not deprived of his rights, any legal action, including the adoption of the baby, will be unlawful, and no authority will agree to this.

According to the law, a decision to renounce the rights to raise a child by one of his legal parents can be officially made only after six months from the date the court accepted the relevant application. Only after this stage can the registry office employees change the baby’s birth certificate, removing the name of the biological father from there and emptying the column. And after all the above manipulations, the child can be adopted.

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 modern society are asked 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 capable adult to be the father or mother, therefore Family Code 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 in 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 judicial procedure.
  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.

The law provides several options for removing a parent's rights in relation to minor children. There must be compelling reasons for this, which are provided for by law. However, only a court decision on deprivation/lifelong restriction of parental rights can put an end to the rights of a parent. The majority of citizens actively oppose the use of such measures. Although there are those who want to write a waiver of parental rights. Let's take a closer look at what is needed for this.

There are several reasons why a parent would want to relinquish rights to a child. The main one is unwillingness to fulfill obligations to support a minor.

After the dissolution of the union, the father does not want to maintain a relationship with his ex-wife, communicate with the child, participate in his upbringing and fulfill the obligation to provide financial support. Often the initiator of the refusal is the mother of the minor. The ex-wife wants to receive a document so that after the child reaches 18 years of age, the father cannot collect maintenance.

The second most popular is the breakdown of parent-child relationships. There are many reasons why a parent cannot cope with parenting. As a result, the minor is placed under control by the authorities of the prevention system, or receives a criminal record. The father has the idea of ​​abandoning the child and handing him over to a state organization for upbringing.

Important! A waiver of parental rights is a document for the court. By itself, it has no legal force, even if notarized.

How to give up parental rights

If the child's mother or government authorities initiate deprivation of the father, he may formalize a voluntary relinquishment of parental rights. The document is a statement that can be drawn up directly from the court clerk or from a notary. In the first case, registration of the refusal is free, in the second, it is necessary to pay a fee for performing notarial acts.

The refusal will be included in the file. When drawing up a document in court, you can immediately write an application to consider the case in the absence of the defendant. In this case, the process will take place in one meeting.

The court's decision does not deprive the father of the responsibility to support the minor. Collection of alimony will be carried out in the same manner. If financial support for the child was not previously withheld, this clause will be added to the court decision.

Relinquishment of parental rights by mother

Let's consider how to voluntarily renounce parental rights to a mother.

The rights and responsibilities regarding the child arise from the mother and father immediately after his birth. Despite the fact that documents have not yet been drawn up in which the mother and father are recorded as parents.

The law provides for the possibility of voluntary relinquishment of parental rights for the mother of a newborn child. To do this, consent to adoption is drawn up directly at the medical organization.

As a result, the minor receives the status of a child left without parental care. In connection with the established practice of the guardianship authorities, if the location of the mother is known, then a process for deprivation of rights and collection of alimony will be initiated against her.

In other situations, the law provides the following grounds for depriving a mother of parental rights:

  • committing a crime against the life and health of their children or their father;
  • failure to fulfill obligations in relation to minors;
  • refusal to pick up from a medical organization;
  • abuse of parental rights;
  • cruelty to a minor;
  • the presence of a chronic disease of alcoholism or drug addiction.

The list is exhaustive. Each reason must be recorded in the manner prescribed by law.

Voluntary refusal for adoption

One common question is: Is it possible to renounce parental rights voluntarily without retaining responsibilities towards the child?? This option is also provided for by law.

Let's look at an example. Parents live separately, for example, after divorce or they were not in a marital union. The minor lives with his mother. A woman enters into a new relationship. After the marriage, the stepfather wants to adopt the child.

Adoption of a minor in such a situation is possible only with the consent of the father. He can go directly to the court and formalize consent for adoption, which will also constitute a voluntary abandonment of the child.

The court decision will come into force only 6 months after it is made. Within the specified period, a man can change his mind and withdraw the refusal.

A special feature of this situation is the release of the father from the responsibility for maintaining the minor. That is, from the moment the court decision comes into force, alimony will no longer be withheld. However, the debt will remain in full.

Sample waiver of parental rights

The law does not provide for a form for relinquishing parental rights. The document is drawn up in any form. If difficulties arise with registration, you can use the services of a lawyer. Deprivation of parental rights with the consent of the defendant does not require the parties to have representatives. Therefore, qualified legal assistance will only be needed to draw up a document and draw up a statement of claim for deprivation of parental rights. For self-study The form can be used as a sample.

The refusal must contain the following information:

  • full name of the district/city court;
  • applicant's details (full name, passport details, place of registration);
  • title of the document;
  • child’s details (full name, date of birth);
  • consent to deprivation of rights in relation to a minor;
  • consent to subsequent transfer for adoption;
  • date, signature.

If a citizen cannot independently fill out the form with the court secretary, for example, the actual place of residence is geographically remote from the court, then it is necessary to comply with the notarial form of refusal.

A completed document, executed in notarial form, may not be submitted to the court immediately. It has no statute of limitations.

The refusal can only be issued in relation to a minor child.

If the father doubts the fact of his paternity in relation to the child, it is necessary to challenge paternity in court. The appointed examination will confirm/refute the family ties between the man and the minor. In this case, there is no need to resort to formalizing a renunciation of paternity.

Preparing for the court hearing

Even if there is a properly executed consent from the father, it is necessary to draw up a statement of claim in court and prepare evidence. The court must make a decision based on a full and impartial examination of the information transmitted. Therefore, the plaintiff must carefully prepare for the hearing.

The plaintiff in the process of depriving a parent of rights may be:

  • legal representative (father, mother, guardian, adoptive parent);
  • prosecutor;
  • a representative of the organization in which the minor is being raised.

The applicant prepares a claim based on the collected documentation. The information should support his arguments. Without sufficient grounds, the court will not resort to the last resort (deprivation of parental rights).

Last modified: January 2020

Quite rarely, but it still happens that the father does not want to raise the child and voluntarily renounces parental rights. This happens for various reasons. Some people don't want to be responsible for their child. Some people don't need it in the first place. If the father decides to renounce his parental rights, he will not be able to relieve himself of responsibility by desire alone.

In the article we will consider whether it is possible to abandon a child, how the refusal is formalized, what consequences arise, when one should apply for adoption, and whether it is possible to cancel the refusal.

Is it possible to voluntarily give up parental rights?

In the RF IC there is no such thing as a waiver of parental rights to a minor. Parents are not released from their responsibilities simply by writing a waiver.

In practice, this issue is resolved in court. According to statistics, the majority of such claims are satisfied. Abandonment of a child is equivalent to deprivation of parental rights. However, despite such a decision, the parent is not released from child support obligations.

Waiver of the father's rights is practiced when adopting a minor. This situation occurs when remarriages, when a woman’s new husband expresses his intention to become a full-fledged father to her children. This can be done if there is a voluntary refusal of the biological father.

Example 1. Spouses Vedeneva E.A. and S.A. divorced. Common son stayed to live with his mother. The father does not take part in the life of the minor and evades paying child support. Vedeneva E.A. intends to enter into a second marriage. New spouse wants to adopt a child and take care of him as if he were his own. Vedenev S.A. doesn't mind this. The parents prepared a written waiver of the father's rights with a notary and agreed on it with the guardianship. The mother filed documents with the court to deprive her of parental rights. After making an entry in the registry office on the basis of a court decision, adoption became possible.

Procedure for waiving rights in relation to a minor

The procedure for releasing the father from rights in relation to children involves a notary, guardianship authorities and the court. Let's take a step-by-step look at what actions you need to take.

Step 1. Drawing up a written refusal

The father of the minor fills out a voluntary waiver of parental rights in writing. The form of the document is not specified in any way. According to established practice, it indicates:

  • name of the territorial registry office, guardianship authority, court;
  • information about the applicant;
  • information about the circumstances of the refusal (voluntariness, consent to deprivation of parental rights);
  • information that the father is aware of the consequences of his action;
  • information about the preservation of rights for the mother;
  • date and signature.

It is allowed to write in the application a request to consider this issue in court without the participation of the father.

If you are not familiar with the intricacies of drafting a waiver of paternity, we recommend that you seek the advice of a qualified attorney.

Step 2. Certification of the application by a notary

The application is then certified by a notary. His task is to prepare documents for further submission to the court. The specialist must ensure that under the text it is written that the father is familiar with the contents of the document and signs it voluntarily. This procedure does not entail any legal consequences.

Step 3. Obtaining the consent of the guardianship authority

Employees of the department examine the case of termination of paternity and issue their reasoned opinion, taking into account the interests of the minor. Subsequently, they act as consultants in court proceedings.

Step 4. Go to court

After agreeing on the issue with the guardianship authorities, you should prepare a statement of claim to the court. The issue of refusal is resolved in the same manner as deprivation of parental rights.

The following persons have the right to file a claim:

  • the father himself;
  • mother of a minor;
  • a child over 18 years of age;
  • guardian of an incapacitated parent;
  • guardian of a minor.

The listed persons apply for deprivation of parental rights. The application must indicate:

  • name of the court;
  • information about the parties;
  • grounds for appeal;
  • request to deprive parental rights;
  • list of documents;
  • date and signature.

You can also immediately ask that the guardianship authorities and the prosecutor be involved in the case.

Along with the refusal, the following must be attached to the claim:

  • birth certificate;
  • applicant's passport;
  • divorce certificate;
  • characteristics of the mother, father, adoptive parent;
  • other documents depending on the specific situation.

You will need to pay a state fee of 300 rubles.

The guardianship authorities and the prosecutor's office act as defenders of the minor in court proceedings. They give their opinion on the interests of the child. Guardianship checks living conditions and ensures that they do not worsen.

As judicial practice shows, the consideration of a case takes about two months. The presence of a voluntary refusal speeds up the entire procedure, since it serves as proof that the man independently decided to abandon the child.

When making a decision, the court takes into account such circumstances as:

  • reluctance ex-spouses communicate with each other;
  • the man’s refusal to pay alimony obligations;
  • physical violence against a minor;
  • psychological pressure;
  • presence of alcohol and drug addiction;
  • immoral lifestyle.

If the court establishes the listed facts, they will serve as additional justification for satisfying the claim.

Step 5. Re-registration of documents at the registry office

After receiving the court decision, it is necessary to re-register the documents at the registry office. The “father” line on the birth certificate is cleared. After the adoption procedure is completed, information about the adoptive parent is entered into it.

Consequences of failure

If a man decides to renounce parental rights, he must be prepared for the consequences. After completing all documents, he is deprived of the right to:

  • participation in the upbringing of a minor;
  • receiving an inheritance from him;
  • financial support from the child in case of disability;
  • control of transactions with real estate owned by a minor;
  • claiming a child from third parties;
  • state benefits and benefits assigned in connection with the presence of children.

At the same time, the former parent is not relieved of the obligation to pay alimony in favor of the minor. It may be in the case of adoption. This issue is decided at the discretion of the court. The decision is not always made in favor of the former father.

When can I apply for adoption?

Typically, a decision on voluntary refusal comes into full force six months after going to court. If information about the biological father is excluded from the registry office records, the obstacles to adoption are removed. The adoptive parent has the right to prepare documents on the assignment of parental responsibilities to himself.

By waiving his rights, the man consents to adoption. If it is executed separately, it must be certified by a notary.

Consent is given in favor of a specific person or without specifying one. If at the time of filing the application there is no adoptive parent, then drawing up such a document makes sense only when subsequently applying to the court for deprivation of parental rights. In this case, it is equivalent to abandoning the child.

Is it possible to revoke a refusal?

It is likely that former parent wants to restore his rights. The law allows this scenario. In this case, the interests of the child should not be violated.

The procedure for restoring parental rights is carried out according to the rules of Article 72 of the RF IC. It is necessary to file a lawsuit and involve the guardianship authorities and the prosecutor in the case. The consent of the minor is taken into account if he is over 10 years old.

If a parent has not missed the deadline to appeal a court decision on deprivation of parental rights, he has the right to file an appeal or cassation. If there are sufficient grounds, a higher authority will cancel the judicial act. In this case, the entry on the birth certificate will remain the same and there will be no need to restore your rights.

If the child is adopted and the adoption is not cancelled, restoration of the father's rights is not allowed.

After a court decision is made, a corresponding entry is made in the registry office and a new certificate is issued.

Example 2. Alekseev E.A. abandoned his son by filing a written statement with a notary. ex-wife went to court for . The court ruled in her favor, taking into account that the defendant maliciously evades child support obligations and does not participate in the life of the minor. Alekseev E.A. learned that after his name was removed from the birth certificate, he would lose the right to collect child support. He decided to annul the refusal and appealed the judicial act.

Let's sum it up

Last modified: January 2020

Not provided for by law voluntary relinquishment of parental rights by father without carrying out the appropriate judicial procedure and issuing a ruling. In addition to the forced procedure for ending parenthood, a man can, on his own initiative, try to formalize the refusal.

With the birth of a child, parents acquire rights and responsibilities in relation to the newborn. However, sometimes the presence of a father has a negative impact on the child, violating his rights and preventing full development personality.

The negative example of a parent is not always the reason for voluntary refusal. If the intention of another man to act as an adoptive parent is established, in the interests of the child the court may allow it, provided there are convincing arguments that the interests of the child will be respected.

Is it possible to renounce the rights to a child yourself?

Having set the goal of ending paternity, it is necessary to remember that the laws do not provide for a legal term and a separate procedure for voluntary refusal. Acting in the same sequence as in compulsory proceedings, there are certain features of the trial.

Waiver of rights by the father is often practiced when the mother’s legal spouse plans to adopt the child. In this case, the court will take into account the voluntariness of the intentions and the absence of claims on the part of the defendant, and will also consider the benefit that the minor will receive from this legal event.

If the father believes that writing a waiver frees him from further actions, as well as for the maintenance of the pupil, then this statement is unsubstantiated and is a fallacy.

By virtue of the same procedure as in cases of forced deprivation of parental rights, the statement of claim and the documentary base must take into account the uniform norms of family law that permit deprivation of rights on the basis of Articles 69-71.

In case of voluntary abandonment of a child, the chances of satisfying the claim are higher if the plaintiff proves plans to register a new marriage with her partner, who expresses a desire to accept the child as her own. Thus, deprivation of rights in the absence of opposition from the parent and intention to adopt on the part of another applicant is much higher.

However, the final decision will be made only if the court is convinced that adoption will have a positive impact on the child and will in no way infringe on his rights and interests.

What to follow

The basis for consideration of the case in the district court will be a submitted application that complies with the basic civil procedural standards:

  1. The procedure for filing an application is established in Art. 131 Code of Civil Procedure.
  2. The conduct of the trial is regulated by the same code, articles 23-24.

Interaction with responsible authorities

Voluntary renunciation of rights to a child requires the involvement of several authorities in the process:

  • district/regional court;
  • through a notary;
  • Department of guardianship at the place of residence.

Before going to court, it is necessary to notarize the man’s consent, as well as enlist the support of guardianship.

The place for parents to appeal about the deprivation of rights is chosen by the departments to which the place of residence of the minor and his father belongs, however, the law allows filing an appeal at the place of registration of the mother if there are serious reasons.

The role of the authorities directly influencing the course of the proceedings is as follows:

  1. The guardianship department examines the case of termination of paternity and issues its opinion regarding the justification of this step. In this case, the guardianship does not make a sole decision - the court turns to its representatives for consultation. The department’s task is to study the details of the case, confirming or refuting the validity of the decision. The interests of the child will be a priority when drawing up conclusions. The authority is competent to speed up the process of making an appropriate decision to satisfy the claim, speaking at meetings as consultants.
  2. In a notary office, the consideration of the issue occurs very superficially, without making decisions with legal consequences for the child and adult. The task of the hired notary is to help prepare documents and evidence for meetings.
  3. The court is responsible for making decisions regarding the termination of paternity with all the ensuing legal consequences. After hearing the parties (including testimony from the guardianship department) and examining the papers presented (including those prepared by the notary), a decision will be made that will further help re-register the child’s papers.

To succeed in court, parents who have come to the conclusion that it is no longer advisable to continue paternity act in the following sequence:

  • A statement of claim is drawn up indicating the consent of both parties to further adoption.
  • To exempt persons from being summoned to court, a separate notarized request for the adoption procedure is drawn up.
  • The guardianship authorities confirm the person’s consent to adoption, which is confirmed in the presence of 2 witnesses.
  • After preparing the documents and agreeing with the guardianship, a claim is filed.
  • If there are no reasons for refusal, the judge will set a date for the hearing.
  • The attendance of representatives of the guardianship and the prosecutor is ensured. This measure is prerequisite to recognize the court decision as valid.
  • After receiving a decision that has entered into force, the parent submits documents to the registry office to re-register the data about the parents in the child’s records.

In addition to the mother of the ward, the following have the right to apply to the court with a request to terminate paternity:

  1. The parent himself.
  2. Child upon reaching 18 birthday.
  3. Guardian, if the parent's incapacity is established.
  4. Guardian of a minor.

A claim may be denied in the following situations:

  1. The father was aware that he was not a blood relative, and nevertheless, of his own free will, he registered his son or daughter.
  2. When the birth of a child was the result of artificial insemination using someone else's male biomaterial.

In other cases, the parent retains the right to challenge paternity and abandon the children by filing a separate claim confirming the fact of the absence of kinship through passage.

In the latter case, the man not only ends parenthood, but is also released from child support.

How to correctly write a statement of voluntary consent

In the process of preparing for trial, special attention is paid to the main document on the basis of which the deprivation procedure can be carried out.

When compiling, you must adhere to a certain sequence and comply with the requirements:

  • The addressees of the claim are: the guardianship department, the registry office, the district or regional court.
  • The name of each new recipient is written separately, indicating the full name on a new line.
  • Fill in information about the applicant: full name, data from passport, birth, indicating contact information for communication (telephone, address).
  • After correctly indicating the type of document, they begin to describe the circumstances under which a claim is filed, focusing on the voluntariness of the waiver of parental rights. In the details of the descriptive part, it is necessary to indicate in relation to which child the issue is being considered (his full name, birth details).
  • The text must reflect that the second parent agrees with the termination of paternity in connection with the planned adoption of a minor.
  • They separately indicate that the refusal is not subject to cancellation after a court verdict.
  • When submitting an application by the father, a separate line is included in the proposal that the mother retain all powers in relation to the child after.

The notary certifying the document with a seal and signature is obliged to ensure that under the main text it is written that the father is familiar with the contents of the document and agrees to sign it of his own free will.

Before receiving a document from a notary office, you must ensure that the document is properly certified and registered.

What is included in the claim?

Unlike the compulsory procedure, when the father does not agree with the mother’s decision, the trial does not require an extensive list proving the father’s failure to fulfill his obligations, or the negative, corrupting influence on him.

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

  • personal documents of the parties, including birth certificates;
  • document on marital status;
  • characteristics of the father, mother, adoptive parent (if any);
  • fee receipt;
  • additional papers.

At the trial, the presence of witnesses, guardianship representatives, and the prosecutor’s office should be ensured.

Sometimes it is better for a child to end parenthood in relation to one parent in order to have a chance at a prosperous life in a full-fledged family with an adoptive parent. In such situations, the father expresses an independent desire to renounce his rights, consciously depriving himself of the authority to take an interest in the life and health of the pupil, as well as to influence the resolution of important issues related to the child’s place of residence. By ceasing paternity, a man becomes a stranger to his child, without any further interaction with him. Before agreeing with the mother's arguments, one should evaluate the benefits and possible negative consequences for yourself, the baby, and other interested parties.

Free question to a lawyer

Need some advice? Ask a question directly on the site. All consultations are free / The quality and completeness of the lawyer’s response depends on how completely and clearly you describe your problem: