Mother's abandonment of child. Relinquishment of Parental Rights Whether a parent waives parental rights

). In fact, when exercising rights, responsibilities are fulfilled, but often parents refuse to fulfill them, after which the question of renouncing parental rights arises.

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At the same time, the Family Code does not provide for such a method of termination, which is why interested parties have to resolve the dispute in court.

In fact, voluntary refusal is evidenced by:

father or mother's abandonment of a newborn child in the maternity hospital;
ignoring responsibilities for raising children, including deliberate evasion of child support obligations.

At the same time, if the mother refuses to pick up the baby while still in the maternity hospital, then this fact is recorded in a separate statement. This document reflects consent that the child will be transferred to the appropriate government agency, but does not confirm the waiver of her rights in favor of another person.

In other words, for persons who abandoned their children, for 6 months Parental rights are retained.

Another document that can be signed at the maternity hospital is consent to formalize the further adoption of the baby. As a result, parental rights are transferred to the adoptive parent.

Legislation

The emergence, exercise and termination of parental rights occurs on the basis of the Constitution of the Russian Federation and the RF IC.
State registration of facts related to the birth of children is regulated
Forced termination of rights occurs in accordance with the Civil Procedure Code.

Concept

As already mentioned, parental rights determine the totality of property and non-property rights and responsibilities that are aimed at raising a child (). Therefore, the refusal of these rights leads to their complete termination.

Video: refusal

Grounds

Parental rights to a child may be terminated due to:

renunciation of the father or mother of the newborn baby in the maternity hospital;
ignoring responsibilities for raising children, including deliberate evasion of child support obligations;
abuse of rights;
manifestations of cruelty to children;
in the presence of addiction (alcohol, drugs);
in case of commission of a crime that poses a threat to the life of a child.

Notarized form

A notarized statement of waiver of legal rights must be submitted to the court.

A notarized document is necessary so that the defendant in the case does not participate in the court hearing, but his position is certified in accordance with the requirements of the law.

The application also usually shows the parent's consent to adoption.

Trial in court

Waiver of rights in favor of the other parent is carried out exclusively in court. To do this, you must submit the appropriate application ().

Coercive measures are usually applied to negligent parents ().

This type of liability can be applied:

on one's own;
or as a result of failure to comply with a court decision, on the basis of which the parents were limited in their rights ().

Who should attend

The following persons may initiate legal proceedings:

parents and other persons who replace them;
guardianship and prosecutorial authorities;
Commission on Juvenile Affairs;
boarding school

The consideration of a civil case must take place with the participation of guardianship authorities ().

Basic questions about the future fate of the child

When considering demands for deprivation of parental rights, the court simultaneously decides the question of whether it is permissible for a parent and child to live together.

When a case on deprivation of the rights of both parents is heard, then if the claims are satisfied, the child is transferred to the guardianship authorities ().

Further responsibilities of a parent

Forced deprivation of parental rights leads to parents losing the opportunity to raise a child ().

As for the alimony obligation, it remains ().

Jurisdiction

The statement of claim is filed at the place of residence of the second parent (). If it is impossible to establish your place of residence, you must follow the provisions

Subsequent adoption

The adoption procedure can begin after 6 months. after the announcement of a court decision on deprivation of parental rights:

Adoption occurs on the basis
The list of interested parties is displayed in
The adoption procedure requires parental consent ().
Cases where parental permission is not required are provided, subject to the requirements

If the child is over 10 years, then the adoption procedure requires his consent ().

Procedure

The trial takes place on the basis of orders

Sample consent for deprivation of parental rights

A statement of waiver of legal rights, as well as consent to adoption (), must be sent to the court. Additionally, the guardianship authorities should be notified of the decision.

How to write a statement of refusal can be found in the attached file.

Required documents

To go to court, you need to prepare an appropriate claim.

It is advisable to attach the following documents to it:

marriage registration certificate;
a document confirming the birth of a child;
court decision to withhold alimony;
a certificate from the FSSP about the status of alimony debt;
court verdict on the issue of deliberate evasion of alimony obligations;
characteristics from the educational institution reflecting the emotional state of the child;
law enforcement resolution;
a certificate confirming that the parent is registered with a narcologist;
characteristics from the place of work;
a certificate from the child’s place of residence;
act of inspection of living conditions.

Where to submit

A statement of claim for deprivation of rights must be sent to court.

However, on the eve of its submission, interested parties must go through the guardianship authority to obtain an opinion on the advisability of such measures.

Possible consequences

Deprivation of rights leads to loss of the right:

raise a child;
reclaim the child from persons who have no grounds for detaining him;
enter into inheritance;
give consent in relation to real estate transactions;
receive benefits or government benefits;
claim alimony in the future.

Is it possible to restore

The procedure for restoring legal rights has been approved However, restoration must not be contrary to the interests of the child, otherwise the court may reject this request.

Arbitrage practice

When considering such issues, courts must consider:

what does the child think about depriving his parents of their legal right to raise him;
whether the issue of collecting alimony was previously considered;
whether adoption claims have been made;
under what circumstances the child was abandoned.

Child's consent to deprivation of parental rights

If the child is ten years old, the court is obliged to take into account his opinion ().

Alimony

Child support obligations do not terminate due to the deprivation of parental rights and remain (see the subheading “Further obligations...”).

Withholding of alimony for children under the age of majority is carried out in accordance with the procedure

Unilateral refusal to pay alimony is not allowed, except in cases provided for by law.

For an adopted child

Child support obligations remain until the child is adopted. Then the parent is released from obligations (), and the responsibility for maintaining the child passes to the adoptive parent.

For an adult child

Alimony for an adult child, i.e., who has reached the age of majority (), is paid only if he:

disabled;
needs financial assistance.

In the maternity hospital

Abandonment of a child can occur while still in the maternity hospital.

This procedure is accompanied by the mother’s written consent to transfer the baby to a specialized institution.

The question of deprivation of rights is raised after the expiration 6 month period(see subheading “Voluntary refusal...”).

Foreign practice

This is one of the few situations in legal practice when such a term as voluntary renunciation of paternal rights does not exist in modern Russian legislation, but the indicated action itself can be performed. Current family legislation provides for the possibility of voluntarily renouncing paternity.

If for some reason the father wants to renounce his parental rights, he needs to submit a notarized statement to the court. This statement states the reason why paternity is being renounced and sets out how parental responsibilities will be fulfilled.

In court, a case of voluntary renunciation of parental rights is considered with the mandatory participation of the prosecutor and representatives of the guardianship authorities. This is necessary to ensure that all the rights of the child are respected.

One of the mandatory issues considered by the court is what living conditions the child will live in in the future. The court decision specifies the procedure for cohabitation between the minor and the father who has renounced his parental rights.

It must be remembered that renunciation of parental rights in no way relieves the father of his responsibilities for maintaining the child (for example, from paying alimony). Another significant point is that, despite the renunciation of paternity, the child will in the future be able to claim the part of his father’s property that is due to him. The reverse situation is impossible; under no circumstances can the father be a claimant to the child’s property.

A situation is also possible when the father voluntarily renounces his rights as a parent and consents to the adoption of the child by another person. This happens mainly when the spouses are already divorced, the child lives with the mother, and the mother wants to remarry.

From a legal point of view, the entire refusal procedure is identical in both cases. The father also needs to write a statement, have it certified by a notary and submit it for consideration in court.

The difference will be that when adopting a child, all responsibilities for his decent maintenance are assigned to the one who adopts. The father of a minor child, deprived of parental rights, also loses the obligation to financially support him.

A court decision on voluntary renunciation of paternity and subsequent adoption of a child by another person comes into force six months after it is announced. Before this decision is made and announced, the father can withdraw his application at any time.

In each of these cases, the father voluntarily (and knowingly) renounces his parental rights. There can be various reasons for this refusal, and in most cases the court makes a positive decision on the applications.

To correctly write a statement of claim, resolve any other issues, and, if necessary, provide legal support, it is best to contact a law firm. Experienced lawyers will help at all stages of legal proceedings, and, if necessary, will assist in applying to the cassation and supervisory courts.

In court, it is also possible to forcibly deprive a father of his parental rights. This happens in the following cases:

Failure of a person to fulfill his duties as a parent, including failure to pay alimony for the maintenance of a minor.
Non-participation in the process of raising a child, unreasonably long absence.
Refusal of a person to pick up a child from a maternity hospital, hospital or educational or social institution.
Child abuse.
Committing a crime against your child or spouse.
Presence of alcohol and drug addiction.

Court decisions on forced deprivation of parental rights often refuse such refusal. The court indicates the need for one of the spouses (or both at once) to change their attitude towards the child and his upbringing. Control over the implementation of this resolution is assigned to the guardianship authorities. Deprivation of a parent's rights is considered a last resort, and the court resorts to it in exceptional cases or in repeated claims.

Engaging lawyers or obtaining qualified legal advice will be useful in any case. With their help, you can significantly reduce the time spent on legal proceedings and achieve the desired decision.

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 the full development of his 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 from supporting 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.

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:

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.
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.
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 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 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 out information about the applicant: full name, data from the 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 he had.

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, representatives of the guardianship, 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, you should evaluate the benefits and possible negative consequences for yourself, the baby, and other interested parties.

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Hello! First of all, I would like to warn you about the widespread opinion about the voluntary renunciation of parental rights. As practice shows, there is an idea about some kind of “renunciation of paternity” or “abandonment of the child”; this prejudice is sometimes supported by employees of the guardianship and trusteeship authorities. In reality, no such refusal exists. Only a court can deprive parental rights, even if the parent wants to voluntarily abandon the child.

The parent's consent to deprivation of parental rights, notarized or certified by the guardianship authorities, can only be attached to the remaining materials for consideration by the court. Real deprivation of parental rights is carried out only in court. Cases of deprivation of parental rights are considered upon the application of one of the parents (persons replacing them), the prosecutor, as well as upon applications from bodies or institutions charged with protecting the rights of minor children (guardianship and trusteeship authorities, commissions for minors, institutions for orphans and children left without parental care, and others).

Cases of deprivation of parental rights are considered with the participation of the prosecutor and the guardianship and trusteeship authority.

You can ask your daughter to write a statement of refusal in the following form:

To the guardianship and trusteeship authorities

To the court authorities

To the registry office departments of Moscow

From Ivanov Ivan Ivanovich

residing at the address: Moscow,

st. Tverskaya, house X, apt. XX

passport of the XX district of Moscow

STATEMENT

I hereby voluntarily and unconditionally renounce my parental rights in relation to my son, Petr Ivanovich Ivanov, who was born on April 2, 1999 in Moscow, and express my consent to the deprivation of my parental rights and the adoption of my child in the future in accordance with current legislation.

I understand that my child may be adopted. I understand that I cannot revoke this relinquishment following a court order affirming the relinquishment or otherwise terminating my parental rights to my child. Even if the court decision does not terminate my parental rights, I cannot reverse this refusal after the decision to adopt my child comes into force.

The parental rights of the mother of the said child, Galina Ivanovna Ivanova, are retained in full.

I have read and understood the above and sign it freely and intelligently.

I ask the judicial authorities to consider cases in my absence.

Moscow city, January twentieth two thousand and five.

Ivanov Ivan Ivanovich /signature/

Moscow city. The twentieth of January two thousand and five.

I, Petrov Petrovich - a notary of the city of Moscow, testify to the authenticity of the signature of the gr. Ivanov Ivan Ivanovich, which was made in my presence. The identity of the person who signed the document has been established.

Registered in the register under No. ХХХХХ

Charged at the rate __________________________

Notary ___________________

I remind you once again that without a court decision, such a refusal in itself has no legal force.

However, if the goal is adoption or guardianship of a child, the father’s consent to adoption or guardianship notarized or certified by the guardianship authorities is necessary and sufficient. Such a refusal, for example, is written to the head physician by the mother, leaving the child in the maternity hospital, and it is sufficient for adoption.

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

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

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

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

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

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

In this case, the grounds for refusal may be:

If the child was previously adopted;

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

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

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

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

Approximately the scheme of actions will be like this:

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

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

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

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

Consequences after relinquishing parental rights

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Restoration of parental rights after refusal

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

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

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

Where is information about parental rights and responsibilities available?

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

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