The process of renouncing paternity of a child in 2021

Every man who becomes a father has a number of rights and obligations as part of his status as a parent. In modern conditions, there are no opportunities to voluntarily obtain a waiver of paternity. A forced option is possible if a father who does not fulfill his obligations to the child is deprived of parental rights. Official receipt of this status automatically deprives the parent and child of family ties and frees them from mutual rights and obligations.

Voluntary renunciation of paternity cannot be officially implemented

Thus, it is worth understanding that the state performs the function of protecting the rights of minors and parents, and therefore voluntary renunciation of paternity cannot be officially implemented. Paternity can be renounced if the child is adopted in the future with the consent of the parties concerned. In this case, the person who renounces paternity in favor of another is exempt from alimony.

In practice, renunciation of paternity can be carried out formally. By mutual agreement of the parents, the child will grow up and be raised only with the mother, and the father will cease to participate in their life. Denial of paternity is also possible when the child was registered to a person who is not related to him at the biological level. In this case, the father can submit an application to the court with a request to deny paternity.

But such a situation is possible only if the father did not know that he was not a biological parent, or the mother admits the fact of deception. In such a situation, the claim can be confirmed by conducting a genetic examination. If the results confirm the lack of biological relationship, then the claim will be satisfied by the judicial authority.

How to legally abandon parents?

From the point of view of the law, such a procedure as renunciation of paternity is not provided for.
It is impossible to get rid of paternal obligations voluntarily or forcibly. But, any rule has a number of exceptions. You can lose your father's title voluntarily or in court:

1. If the baby’s mother has found a new husband who intends to adopt the child.
2. If a man suspects there is no blood connection with the child. In this case, the court releases the man not only from parental rights, but also from responsibilities.

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Alas, now in the Russian Federation there are no legislative acts providing for the abandonment of parents after adulthood. Until the age of 18, any citizen of the country can in some other way contribute to the deprivation of parental rights. But, oddly enough, the child cannot submit an application for this purpose on his own.

Often this does not happen, because it is not beneficial for the child to find himself in such a situation (state institutions are waiting for him if the closest relatives, for example, grandparents or aunts, uncles do not formalize guardianship). But if the statement came from other individuals, then the child can contribute to the progress of the case with his testimony.

After 18 years of age, it is possible to abandon parents, but in the literal sense of the word it will not be possible to deprive one of parental rights. According to Article 87 of the Family Code, an adult citizen of the country can, having collected evidence that the parents do not fully fulfill their responsibilities, refuse them. In this case, after completion of the procedure, he will be exempt from paying any financial assistance to his immediate relatives upon reaching retirement age.

But such procedures are not always successful for the applicant. It makes sense to resort to abandoning parents only in the following situations:

• If both parents or one of them completely evaded their duties, for example, from the moment of birth until adulthood, a person was raised only by a grandmother or aunt;
• If a parent, for example, a father, was not present at all in life, then after the age of 18 he may suddenly appear, and the growing child will have to pay him alimony.

If the parent was not deprived of his rights before the child came of age, then the child after 18 years of age is obliged to provide him with financial assistance in the event of incapacity. At this age, it is possible to deprive parents of their rights only if they collect all the documents confirming that the parent was not present in life, that he caused mainly negative aspects.

But the court does not always accept the claim. The grounds for refusal include an incorrectly drafted application and lack of evidence. If possible, then, of course, it is better to use legal mechanisms before reaching adulthood.

about the author

Valery Isaev

Valery Isaev graduated from the Moscow State Law Institute. Over the years of work in the legal profession, he has conducted many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.

How to legally abandon parents?

The law does not accept voluntary relinquishment of parental rights; there is no such article in the RF IC. Having written a waiver on the sheet, you should not consider yourself free as soon as the court makes a verdict, although, according to statistics, most claims on this topic are satisfied - there will be no refusal to pay for the maintenance of the baby, the money will have to be transferred anyway.

There are families in which the head of the family oppresses the fragile teenager so morally and physically that the mother is ready to ask the father to renounce paternity.

If there is a contender for the place of the head of the family who will be happy to take on all the worries about someone else’s baby by adopting him, then why not do this for the common good, the only problem is in the father’s already occupied place, which he agrees to vacate of his own free will.

Art. 69,70,71 of the RF IC regulates the deprivation of parental rights, and the abandonment of a child, in fact, is equivalent to the deprivation of the rights of a parent.

An application to the court must be drawn up according to the rules prescribed in Art. 131 Code of Civil Procedure of the Russian Federation. The course of the trial must comply with the format of the requirements of paragraphs. 4 paragraphs 1 art. 23 and 24 Code of Civil Procedure of the Russian Federation.

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 extreme measures (deprivation of parental rights).

The application must be accompanied by:

1. Personal documents of the plaintiff and the child (passport, birth certificate);
2. Documents about marriage with the defendant (if available);
3. Resolution on the appointment of guardianship (if any);
4. Order on transfer to supervision of the organization (if any);
5. Power of attorney from the head of an organization for orphans;
6. Characteristic materials about the defendant (from place of residence, work, neighbors, district police officer, etc.);
7. An inspection report of his living conditions (if any);
8. Information about the presence of alimony arrears;
9. Relinquishment of parental rights by the defendant;
10. other information.

Additionally, a child may be invited to the court hearing if he or she has reached 10 years of age. As a last resort, the judge may interview the young minor. The court will examine the submitted documentation and make a decision on deprivation/refusal of deprivation of rights.

Or seek free legal advice by calling the numbers in your region. Be sure to include your extension number.

Who is allowed to go to court and bring a claim for deprivation of rights to a child?

In any case, in order to deprive a person of parental rights, it is necessary that the person does not comply with certain norms and rules and cannot fulfill his direct responsibilities. These factors include:

• Malicious evasion of alimony;
• Refusal to pick up the child from the maternity hospital;
• Abuse of parental rights;
• Child abuse;
• Violation of the mental and physical development of the child;
• Attempt on sexual integrity;
• Chronic disease of alcoholism, drug addiction;
• Crimes against the health of children or spouses.

Until the age of 18, a child cannot deprive one or two parents of their rights. You will need to contact a representative who will take you to court legally. Usually this representative is the mother of the baby, who suffers from alcoholism, drug addiction, or simply the bad attitude of her spouse. But this could include any body of care and guardianship.

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Some men express their desire to renounce paternity. There can be many reasons for this:

• reluctance to raise a sick child (Down syndrome, cerebral palsy, etc.);
• doubt about the fact of one’s own paternity since the moment of maternity hospital;
• unwillingness to fulfill the duties established by law;
• marginal lifestyle, etc.

To initiate a challenge to the fact of paternity, it is necessary to obtain a court verdict indicating that the man has been deprived of his legal rights to the child.

The following may file a claim to annul the rights of a minor and abandon the child:

1. The mother and father who are recorded on the baby's birth certificate.
2. Biological mother and father who are not recorded on the baby’s birth certificate.
3. Persons appointed as official guardians and trustees of the child.
4. Citizens who have a dependent child.
5. A “former” child who has become an adult.
6. The prosecutor (or guardianship inspectors), subject to compelling reasons and arguments.

The law provides for a number of exceptional situations in which renunciation of existing paternity is not considered by a judge:

• if at the time of recording information about the birth of a child in the registry office, the man was informed that there was no biological relationship with the baby;
• if there is written approval from the actual father to carry out artificial insemination of a woman.

application for relinquishment of parental rights by father

Expert opinion

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Viktor Evgenievich

Representative of a private law firm, work experience - 7 years

Remember! Voluntarily abandoning your child is, in essence, the same thing as giving up paternal responsibilities and rights. Russian law allows this to be done only through the courts.

Situations often occur when a woman gives her consent to renounce parental rights to her father’s child voluntarily. This happens when the mother of the baby:

• knows that the man whose name is indicated on the child’s birth certificate at the registry office is not the child’s biological father;
• entered into a subsequent marriage, and the new spouse expresses a specific desire to adopt the child, but the biological father is not involved with him.

If the above circumstances occur, then parents can formalize a voluntary renunciation of paternity by filing a statement of claim in court.

Challenging paternity is a procedure that can be initiated by the following persons:

1. By the man whose name is written on the birth certificate of the child, by filing a claim against the child’s mother.
2. By the biological father, through a claim against the parent listed in the civil register as the father.

In practice, when a child is born in a legal marriage, the husband of the child’s mother is indicated as the father. The same rule applies for three hundred days from the date of dissolution of the marriage.

If both participants in the court hearing agree with the claims, then genetic DNA testing may not be done.

If a mother is deprived of parental rights, the father cannot waive his rights and obligations towards the minor. In the case of legal registration of parental rights, the man is obliged to take care of the baby: raise him and pay child support.

Note! If the father refuses to fulfill his legal duties in relation to the child, he may be deprived by the court of parental rights for guilty behavior, but with the obligatory preservation of all paternal responsibilities to provide for the child (Article No. 69, clause 2 of Article No. 71 of the RF IC) .

When an application for relinquishment of parental rights in favor of the adoptive parent is completed, it is necessary to provide consent to the adoption in writing and consent to the transfer of responsibilities for the child.

A man who wants to adopt a child is obliged to contact the guardianship authorities. The court will require consent from the actual father: it must be in writing and certified by a notary (or guardianship authorities).

Expert opinion

Elena Vladimirovna

Bailiff for the Petrogradsky district of St. Petersburg, work experience - 3 years

You should know! A child who is already 10 years old at the time of the court hearing must give his consent to adoption (Article No. 72 of the RF IC). But, part 2, art. No. 132 says that if a child has lived for a long time with a person who wants to adopt him, and considers this person to be his parent, then the court will not require the consent of the minor.

Also, the court will not require the consent of the actual father to carry out the procedure for renunciation of paternal rights if:

1. The father has disappeared and his place of residence is unknown.
2. The father was declared incompetent.
3. The man does not participate in any way in the life of the baby, without showing any interest in him.
4. The father has not paid child support for more than six months.
5. The man lost his father's rights as a result of a judicial procedure.

A non-blood father has the right to renounce paternity only through the court. First of all, you need to draw up a statement of refusal.

When does this become necessary? If a couple has been divorced for less than ten months and the ex-wife has a baby out of wedlock. Then the former spouse will be recorded as the father of the newborn.

What to do to refuse? Collect documentation and evidence that recognizing a man as a father is illegal. To do this, the judge will require the following documents:

• medical confirmation that the ex-husband is infertile;
• confirmation of the fact that the man was absent from his ex-wife at the time of conception;
• confirmation that the woman was in a relationship with another man during the period of conception;
• geneticist's conclusion on the presence/absence of blood ties.

An actual renunciation of paternity is impossible, but if there are irrefutable arguments, the man will be released from the title of parent.

Regardless of the fact in which the relationship between a man and a child is terminated, the following consequences arise:

• a man loses the opportunity to receive an inheritance in the event of the death of a child;
• he loses all rights to receive government benefits and benefits;
• he is deprived of the right to participate in raising the child and communicate with him;
• the man is deprived of the right to influence the future place of residence of the child (choice of city and country).

Expert opinion

Sergey Nikolaevich

Judge, judicial experience - 20 years

Important information! In case of forced deprivation (restriction), the law provides for the right to establish a legal connection with children. While voluntary refusal deprives such an opportunity: this court decision is unlimited.

Only the mother can write a waiver of rights, and then immediately after the birth of the baby, when the official registration in the registry office has not yet taken place. Such a refusal is sufficient for the possibility of adoption.

If the baby has already been registered and the mother has a birth document in her hands, then the father or mother, who wants to throw off the burden of worries from their shoulders, must, according to a certain scheme, write an application to the court and guardianship authorities, as well as to the registry office with a request to deprive them of parental rights, at their best will.

The court will consider the appeal and make its decision; without this, the application cannot have any legal force and meaning, it is unauthorized. Immediately, at this court hearing, the issue of assigning alimony is decided and its amount is determined.

After the court decision comes into force, within three days you should go to the registry office, where the data regarding the origin of the child will be changed.

Voluntary relinquishment of parental rights has the same consequences as forced deprivation.

Refusal involves removal from:

• functions of education (care),
• representing the child as his offspring in all instances,
• protection and demand from strangers holding the baby,
• rights to inherit the child’s property after his death,
• rights to receive benefits and benefits from the state due to real parents.

Such fathers should not count on alimony from abandoned children; in the event of incapacity for work, no court will be able to force a child abandoned by his parents to provide assistance in their maintenance.

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When parents abandon their child, they are motivated by a variety of reasons: from elementary indifference, when a father who is disliked by the mother, at her request, is ready to sign any document to facilitate the procedure for deprivation of parental rights, to truly serious doubts about his paternity. We list the most common reasons for a father to abandon his child, indicating the specifics of registering the loss of parental rights:

1. Often, fathers abandon their own children, out of ignorance of the law, believing that in this case they will automatically be exempt from paying child support. However, the renunciation of parental rights does not entail the cancellation of financial obligations to the child - the court will still recover funds from the mercantile father for the maintenance of the child;
2. The second most common reason for a father's voluntary abandonment of a child is doubt about his own paternity. In such a situation, the court must order a special examination to establish paternity, based on a comparison of the DNA materials of the alleged father and the baby. If the parent's concerns are confirmed, his name is automatically removed from the child's birth record and the corresponding certificate. If paternity is confirmed, the court refuses to take away the rights of a parent;
3. What follows is a whole group of reasons for both parents abandoning a baby who has not yet been discharged from the hospital:
   young age of parents;
4. a serious illness detected in a child;
5. inability to provide financially for the child.
6. Another reason that encourages men to renounce a child is the child’s mother entering into a new marriage, when the newly-made spouse wants to adopt the baby.

What to do if a man finds out that he is not the biological father?

According to the laws of the Russian Federation, there are only two options for how to abandon a child to the father. Namely:

• deprivation of parental rights;
• registration of consent for the adoption of a baby by another man.

This is an exceptional list of circumstances. Thus, whether paternity can be renounced depends on the reasons that the father pursues. But before starting the procedure, you have to understand that the parent will have to face irreversible consequences, regardless of the chosen method.

The correct procedure for how a man will be deprived of paternity provides for the following features:

• Only judicial proceedings are permitted;
• the judge’s decision is for an indefinite period, but after six months there is an opportunity to restore the lost legal relationship;
• the deprived man continues to pay alimony for the maintenance of children and spouse (if there are grounds for this).

Writing an application to renounce paternal claims and terminate legal relationship in order to allow children to be adopted by another man does not have retroactive effect. That is, it will no longer be possible to restore lost rights. As a bonus, the biological dad is relieved of the responsibility to financially support his child.

Alimony is not a way of punishing a parent living separately, but one of the mechanisms for protecting the rights of minor children. Therefore, even after registering a divorce, the spouses continue to jointly support their common child: one voluntarily, and the second forcibly through the collection of alimony payments.

Depending on how the man decided to renounce paternity, the need for further transfers of money to the kids will depend. Thus, deprivation of parental rights provides that the spouse (ex-husband, common-law partner) loses only parental rights (participation in education, communication, determination of the surname and place of residence of children), but the full package of responsibilities remains with him. This also applies to alimony.

Official deprivation of paternity does not relieve the obligation to support the child, therefore child support will continue to be paid until the children reach adulthood.

Renunciation of children for the purpose of their further adoption by the “new” dad does not have retroactive effect. And after signing a voluntary notarial agreement between the participants, the parent loses both rights and obligations. This is due to the fact that now the responsibility to financially support the child falls on the shoulders of his adoptive parent. Refusal of paternity/maternity by mutual consent of the mother and father deprives the parent of the obligation to pay child support to the spouse or children.

Regardless of the method in which the relationship is terminated, the consequences for those involved will be as follows:

• impossibility of receiving an inheritance in the event of the death of children (the child remains the heir of the first priority until he is adopted by another man);
• loss of the right to state benefits and benefits (mothers of children are guaranteed recalculation of social benefits);
• prohibition on communicating with children and participating in their upbringing;
• inability to influence the future place of residence of your child.

As noted above, forced deprivation or restriction of parental rights provides for the possibility of establishing a legal connection between the father and the children. But voluntary renunciation of paternity does not provide such an opportunity. This decision is valid indefinitely.

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.

If the child’s mother or government authorities initiate the deprivation of the father, he can formalize a voluntary renunciation 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.

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.

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;
• cruel treatment of 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.

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. To prepare the form yourself, you can use the 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);
• document's name;
• 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.

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.

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.

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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.

When looking for an answer in the regulations as to whether a father can renounce paternity voluntarily, you will not find this kind of citizen’s right directly spelled out in the law. From this it becomes clear that renunciation of paternity cannot be formalized unilaterally. This is only possible if you have the following nuances:

• challenging paternity based on the results of a DNA examination or without it, if there is the consent of the other party;
• deprivation of parental rights and adoption of a child by another person.

In all of the above situations, the refusal process is carried out by initiating legal proceedings. Therefore, all negligent parents should take into account that, even if they write such a paper waiving their rights, they will still have to pay child support until there is a court decision canceling this obligation.

There are many reasons why a father wants to renounce his rights to a child. Among the respectful standards, the following are distinguished:

1. Transfer of rights to another person. This is if someone else wants to adopt a child and raise him. The most common cases when this happens is if a woman gets married again. Then the stepfather will have all the rights of a parent.
2. The man is not the biological father. For example, a man may find out about his wife’s infidelity, or he may doubt his relationship with his child due to the lack of similarities between them.
3. The citizen evades responsibility and does not support the child, does not take any part in his upbringing for a long time.
4. The man has an alcohol or drug addiction. Often because of this, he displays an aggressive and rude attitude towards the child.
5. The father has a severe mental disorder or illness. As a result, sometimes it is simply dangerous for a child to be around such a person.

When determining how to abandon a child to a father, it is important to take into account that immediately after the abandonment, another citizen must take on such responsibilities. Otherwise, it will not be possible for a father to abandon his child.

Procedure for renouncing parental rights

In order to voluntarily deprive himself of his rights in relation to a child, the father will have to go through two stages of formalizing the refusal:

• Drawing up an appropriate application;
• Judicial procedure for taking away parental rights.

Let us dwell in more detail on each of the listed actions.

An application for abandonment of a child is subject to mandatory notarization and must contain the following information:

1. Details of the judicial institution to which the document is addressed;
2. Last name, first name and patronymic of the applicant, his address and passport details;
3. Last name, first name and patronymic of the child whom the applicant wishes to give up, the date and place of his birth;
4. Expressing your will to abandon the child;
5. Permission to adopt a child;
6. Consent to the withdrawal of parental authority in relation to the child;
7. Expression of awareness of the impossibility of subsequently canceling the application for refusal;
8. If necessary, permission to consider the case in the absence of the applicant;
9. Date of preparation;
10. Applicant's signature

A duly completed and notarized application is submitted to a judicial authority to consider the issue of depriving the applicant of parental rights. The case is considered in accordance with the rules for resolving such cases:

1. In the presence of representatives of the guardianship authorities.
2. With the participation of a representative of the prosecutor's office.
3. The judge has the right to interview a child who has reached the age of ten with the participation of a teacher or psychologist.
4. The demand for the deprivation of parental rights can be supported by the child’s mother by presenting documentary evidence and testimony about the father’s failure to fulfill his duty or abuse of the rights of a parent.

1. The rule on mandatory financial support for children in respect of whom the parent has lost his rights ceases to apply in the event of adoption of the child;
2. Children whose parents have lost their rights inherit their property after their death along with other children;
3. Abandonment of an adopted child follows the same procedure as for a natural one;
4. In cases where the child’s mother files a claim to deprive the father of parental rights (for example, on the basis of the father’s chronic alcoholism, inhumane treatment of the baby, etc.), it is not necessary to draw up a document on the refusal;
5. The loss of authority by a father in relation to his child entails a ban on participation in his upbringing. In addition, this will be an obstacle to adoption or guardianship of other children.
6. A father deprived of parental authority will not be able to subsequently demand financial support from the child in old age.

In conclusion, let us remind you once again that abandoning a child is a serious step. When making such a decision, you should not be guided by momentary impulses and, especially, impulses based on hostile relations with your ex-wife. You can study other issues of terminating family relationships, for example, how to divorce your wife if you have children, how an apartment is divided during a divorce, by reading articles of the same name on our portal.

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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. It is within the competence of the body 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.

Adoption by another person: is the child’s consent required?

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

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

Documentary package required for voluntary renunciation of paternity

The situation when the father is incapacitated or he has died requires special attention: voluntary renunciation of the title of father presupposes an understanding of the consequences of this.

Upon completion of the procedure for renunciation of paternity, the rights of the father are transferred in favor of the mother or adoptive parent. They can also be stopped completely.

When transferring paternal rights to another man, all documents must be notarized. If the child has already turned eighteen, then it will be impossible to file an application to renounce paternity in relation to him.

In the text of Art. No. 61 of the RF IC, states that the rights and responsibilities of parents end from the moment a young citizen reaches adulthood.

We invite you to find out the stages of how to renounce paternity of your own free will? In order to obtain a voluntary renunciation of the title of father, one must overcome a number of “steps”:

1. A man applying to become a father must speak with the formal father to fully explain the situation to him.
2. If they can agree, then the formal father will wait for the court summons without leaving the city. Then, in court, he will confirm his voluntary renunciation of paternity by informing the judge in person (or must write a written petition).
3. A man who initiates a voluntary renunciation of paternity must file an application with the court (this can be: an appeal from the biological father to the legal father, or from the legal father to the child’s mother). As a rule, the second option is common in court.
4. If both parties agree with the requirements of the claim, the judge will issue a verdict on the renunciation of paternity and changing the registration record in the registry office.

According to the law of the Russian Federation (as well as Ukraine, Kazakhstan and Belarus), all lawsuits regarding paternity must be considered with the participation of a prosecutor and an inspector of the guardianship authorities. Official representatives of these government bodies are called upon to ensure that the interests of the child are strictly observed, in order to protect him from causing him moral and other harm. In the statement of claim, you do not have to indicate all these representatives as participants in the process: the judge will independently involve them in the consideration of the case.

First of all, you need to submit an application to the court, having first certified it by a notary. If the parties mutually agree, this application can also be submitted to the guardianship authorities.

• Here is a list of information required in the application for guardianship:
• indicate the organization to which the applicant is applying;
• indicate the actual address of the organization;
• indicate your data from your passport (full name, residential address);
• indicate information about the minor and the reasons for his refusal;
• enter your visa and application submission date.

Once the application is submitted, the trial to deprive the father of parental rights will begin.

Types of failure

If a woman decides to abandon her child in the maternity hospital, then she writes a corresponding statement there. After which all documents are sent to the guardianship authorities, and the child is transferred to an orphanage. At the same time, the mother retains all rights to the child for six months, and she is given the opportunity to think about her decision and change it.

After the six-month period, the mother is deprived of parental rights, and a guardian may be appointed for the child. However, if the mother did not pick up the child from the maternity hospital, then his father or other relatives could do so.

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If the decision to abandon the child voluntarily was initiated by the father, then this issue can be resolved exclusively during court proceedings. In this case, a notarized abandonment of the child is issued. The subject must write a corresponding application to the notary on a special form.

The application, certified by a notary in the prescribed manner, is submitted to the court, which makes a decision to deprive the subject of parental rights. Being deprived of parental rights, the subject is not relieved of the obligation to regularly pay child support.

If a child who has been abandoned is adopted, all responsibilities for directly ensuring his decent maintenance are assigned to the adoptive parent, and the biological father of the child is thus released from the obligation to pay alimony.

How to restore paternity rights after denial of paternity?

The characteristics of the boy will be entered into the electronic database of information for adoption; during this entire period before those willing to become a new family for the baby are found, alimony must be paid. After the adoption process is completed, the biological parent is released from alimony on the basis of Article 120 of the RF IC.

Yes, of course, it will not be possible to get rid of alimony payments immediately and forever, and they will need to be paid from the moment the court makes a decision until the day the adoption is formalized.

If the child is not adopted, then until he reaches adulthood, alimony must go to his mother, guardian or institution where the child lives.

Sometimes, when a married couple has actually separated a long time ago, and the mother has another man who agrees to immediately adopt her child, the woman can ask her ex-husband to formalize a voluntary refusal, in which case the deduction of alimony to the natural father can practically be avoided.

The minimum period for which alimony will be withheld is six months.

For voluntary renunciation of one’s rights as a parent, a period of 6 months has been established until the decision gains legal force. The parent has this time to come to his senses and withdraw his refusal at any time during this period, because the court decision has not yet been announced.

The announced court verdict on this issue does not have retroactive effect.

The law allows you to restore the lost title of the father, but only if a number of conditions are met.

If a man has reviewed all the negative consequences and now wants to regain paternity, he must notify the court in writing. The judge, having considered the application, will issue an appropriate verdict.

This is possible if a man has changed his life for the benefit of the child and is ready to provide for the child. A person must change radically and prove it in court.

In case of an approving verdict, all paternal rights and responsibilities are returned. The judge will accept a negative verdict only in three cases:

1. If the minor himself opposes this.
2. If the baby has already been adopted, and his adoptive parent is not ready to reverse this decision.

• If a man has not changed and lives a marginal life.

Any child must be raised in compliance with the rules, his rights must be taken into account from the very first day of life. He has the right not only to communicate with his two biological parents, but also to receive financial assistance from them.

The most important procedure that allows you to fulfill the provision of financial assistance is the payment of alimony. At the same time, one of the parties must give them back even if the parents have never been married and do not intend to enter into one.

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Often a woman, being under stress, wants to completely deprive her father of parental rights. But in this case, according to the law, he will be exempt from paying alimony. It is necessary to weigh the pros and cons in order to make a worthy decision. In other cases, the payment of alimony is justified. Most often, the state obliges one of the parties to pay for child support if:

• He remains to live with his mother or, less often, with his father;
• If the court has decided that the father is not the person recorded in the certificate;
• If the parents or one of them are deprived of parental rights.

By law, it is prohibited to independently refuse to pay or receive alimony. It is necessary to appear in court with a corresponding statement, having prepared all the necessary certificates. It is necessary to confirm the fact of a good financial situation, which will allow you to support a young child without the help of the father.

Certificates from law enforcement agencies;

• Witness's testimonies;
• Police documents and the like.

These documents may record the fact that injuries and beatings were inflicted. The testimony of neighbors will tell eloquently about the quarrels and squabbles that arose between the spouses. And papers from the police can damage the fact that the spouse was involved. It would also be a good idea to take a certificate from your place of work, if one exists. If it is not there, then they take a work book, which can be used to track when the person stopped officially working.

Statement of claim

Here is an example of an application for voluntary renunciation of the title of father:

• Here is a list of information required in the application to the court:
• name of the judicial authority;
• personal information about the plaintiff and defendant (full name, registration address, telephone number);
• information about the official representative (if there is one);
• information about the minor;
• information about the date and place of marriage/dissolution of marriage;
• information about the date of termination of cohabitation between the father and mother;
• information about the grounds for termination of parental rights (evidence and arguments);
• the main content of the claims;
• list of the attached documentary package;
• date of filing the claim and visa of the applicant.

Summary

Unfortunately, the question, terrible in sound and meaning, of how to abandon a child to a father, is still relevant in our society. It is impossible to renounce paternal functions only at the request of a man: a minor cannot be left without support.

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Renunciation of the title of father of one's own free will can mean only one thing - this is a forced deprivation of parental rights, with a number of negative consequences. And, the consequences are as follows: preservation of the child’s inheritance rights, the obligation to pay him alimony, deprivation of state benefits and the possibility of assistance in the future from the minor.

Results of the issued refusal

Voluntary renunciation of paternity will entail the same consequences as the forced deprivation of parental rights stipulated by the regulations. Thus, having abandoned a child, a citizen will not:

• take part in the upbringing of the child;
• be listed as the father of a minor in all instances;
• defend and demand that the baby be taken away from strangers;
• inherit from the child in the event of his death;
• receive various types of benefits and benefits provided to parents.

By abandoning his offspring, a citizen is no longer obliged to pay him alimony. However, such an obligation does not end immediately when the father’s abandonment of the child is documented, but only from the moment of his official adoption. Until then, the minor will have to be supported as before.

After the refusal is completed and the father realizes the terrible consequences that will come as a result of this, he has the right to withdraw his decision for six months until it enters into legal force. Once the verdict is announced, it will not be possible to change it.

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