Denial of paternity occurs for various reasons. Sometimes it is men who doubt the fact of paternity; often everything happens because the child’s father does not want to pay alimony or give permission to take him out of the country. Such a measure as renunciation of paternity is considered extreme, and the court approaches it with particular seriousness, thoroughly and thoroughly studying all the materials, circumstances and grounds for such statements on the part of the parents, expressed in the content of the statement of claim. Russian legislation does not contain separate provisions and norms regulating this moment of legal relations between parents. Thus, the child’s parents are not given the right, at their own discretion and desire, to take and abandon the child, and at the same time not to provide for his upbringing and financial support.
Even in a situation where the father voluntarily renounces the fact of paternity, the moment of judicial settlement of the issue is mandatory. In judicial practice, such processes are not uncommon, but such processes cannot be called simple. In general, this procedure has its own subtleties and requires a well-founded evidence base.
How to restore paternity rights after denial of paternity?
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:
- If the minor himself opposes this.
- 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.
Consequences of failure
Regardless of whether the mother abandons her child voluntarily or is forced, the consequences will be the same. In particular, the mother will be deprived of the opportunity to take part in the further upbringing of the baby, will lose the right to claim it from other people, and will not be able to receive benefits and other benefits provided in connection with birth and upbringing.
Abandonment of children entails a complete severance of family ties with them, and accordingly, deprives a woman of the rights that she could have as a mother.
In addition, the mother will lose the right to demand her own maintenance from such children (for example, upon reaching old age or becoming incapacitated).
At the same time, the law provides that until adoption, the mother, in any case, despite the abandonment of the child, remains obligated to support him.
Mother's rights after abandoning a child
When considering the rights of a mother who has abandoned her child, it should be noted that after abandonment, the mother loses all rights in relation to her child. Since the emergence of parental rights, according to family law, is conditioned by the fact of kinship, by renouncing such kinship, the mother will lose the entire scope of rights arising from this fact of motherhood.
At the same time, according to Art. 72 of the RF IC, the mother of the child has the right to restoration of her parental rights. This is possible only in cases where the court decides that it will be better for the children, and if at the time of restoration of maternal rights such a child does not find another family.
Alimony obligations
Alimony in case of abandonment of a child by the mother is paid until the child reaches adulthood. In the case of adoption by another person, from the moment of such adoption the responsibility for maintaining the child passes to the new mother.
At the same time, the parents’ refusal leads to the fact that the child’s responsibilities for further maintenance of the father and mother who abandoned him cease. Whatever the reasons why a mother wants to give up her child, the refusal itself does not mean that you can forget about supporting the baby. If there is no desire to do this voluntarily, the issue will be resolved forcibly, by collecting alimony from the negligent parent.
Deprivation of paternity by mutual consent of parents
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:
- By the man whose name is written on the birth certificate of the child, by filing a claim against the child’s mother.
- 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.
Note! Provided that a man and a woman express mutual consent to formalize the renunciation of paternity, the procedure is carried out voluntarily in the courtroom.
If both participants in the court hearing agree with the claims, then genetic DNA testing may not be done.
Abandonment of a child who has reached the age of majority
Unlike cases of granting permission to adopt minor children, the abandonment of an adult child by the mother does not entail the need to resolve issues regarding the upbringing and maintenance of such children. Having become an adult, a son or daughter has the opportunity to decide their own destiny, including having to support themselves independently.
At the same time, in some cases, for example, when studying at a higher educational institution, the obligation to support a child for his parents does not cease upon reaching adulthood.
Features of voluntary relinquishment of parental rights
To achieve success 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 a prerequisite for recognizing a 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:
- The parent himself.
- Child upon reaching 18 birthday.
- Guardian, if the parent's incapacity is established.
- Guardian of a minor.
A claim may be denied in the following situations:
- The father was aware that he was not a blood relative, and nevertheless, of his own free will, he registered his son or daughter.
- 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 lack of relationship through DNA testing.
In the latter case, the man not only ends parenthood, but is also released from child support.
What are the consequences?
As soon as the parental rights of the father or mother to the child cease to exist, a ban on participation in the upbringing and life of the child is automatically established, and the parents also lose the right to communicate with the child. Upon reaching eighteen years of age, children in such a situation will not be required to support parents deprived of their rights, regardless of the fact that the fact of their illness or disability has been established.
Despite the fact that rights are abolished, former parents retain responsibilities for financial support of minor children. This form of obligation manifests itself in the form of alimony.
The legislator also allows for a procedure such as restoring the rights of parents.
Attention! To implement this procedure, you need to take into account a number of rules:
- when deprivation of rights occurs due to the establishment of guilty grounds, then the mother or father can restore the status of a parent provided that they eliminate the identified violations (cure alcoholism, drug addiction, comply with the procedure for paying alimony, and so on),
- Only a judicial authority with the participation of the guardianship and trusteeship authorities, as well as the prosecutor, can restore the position of parents who have lost their rights to their children,
- The procedure for restoring rights can only be carried out if the child has not yet been adopted. The law does not provide for the cancellation of the adoption procedure.
Violations related to deprivation of parental rights, obstruction of the adoption procedure and other illegal actions that primarily infringe on the interests of the child entail administrative or criminal liability.
Payments to children under guardianship.
Whether child support is paid when parental rights are deprived, read here.
How to check out of an apartment in nowhere, read the link: https://novocom.org/nedvizhimoe-imushhestvo/zhilaya-nedvizhimost/kak-vypisatsya-iz-kvartiry-v-nikuda.html
Not the biological father: denial of paternity
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.
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.
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.
Voluntary renunciation of paternity: stages of passage
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”:
- A man applying to become a father must speak with the formal father to fully explain the situation to him.
- 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).
- 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.
- 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.
Documents for trial
When sending an application to a judicial authority, you need to take care of the attached package of documents, the presence of which is mandatory for accepting the case for consideration and making a decision.
Please note! The court requires the following documents:
- certificate of marriage or divorce,
- certificate of birth of a child subject to parental rights,
- characteristics of parents, adoptive parents,
- a receipt confirming payment of the state duty.
Also, during the consideration of the issue, other documents may be requested. In addition, the court may invite at least two witnesses.
What to do if your wife does not allow you to see your child?
How does the refusal procedure work?
A procedure for notarized refusal and termination of parental rights is also possible.
The procedure involves the following:
- one of the parents writes a statement of intent to refuse. It is necessary to indicate that the child may be adopted by other people in the future. A note is immediately made stating that there is no need to summon the applicants to court, that they approve the procedure and will not change the decision,
- the application drawn up by a notary must be handed over to the second parent, the guardianship and trusteeship authorities, as well as two witnesses involved,
- sending documents to court. This can also be done through a notary or other representative.
The judicial review of the matter proceeds quickly. In this case, the prosecutor and a representative of the guardianship and trusteeship authority must take part in the proceedings, otherwise the court decision will be declared invalid.
When the mother refuses to pick up the child while still in the maternity hospital, the woman draws up a written consent to place the child in an educational institution. In addition, if the mother’s plans do not include picking up the child in the next six months, then consent to the adoption of the child is automatically given.
When an adoptive parent has already been determined, and there is no need to send the child to an orphanage or under the care of only one parent, then court proceedings are not required. For such a situation, it is enough to formalize the refusal notarized, transfer it to the guardianship and trusteeship authority for approval, and then carry out the adoption procedure.
Watch the video. Should a father pay child support if he is deprived of parental rights?
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 from paying alimony for the maintenance of the pupil, then this statement is unsubstantiated and is a delusion.
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:
- The procedure for filing an application is established in Art. 131 Code of Civil Procedure.
- The conduct of the trial is regulated by the same code, articles 23-24.
