Denial of paternity - is it allowed, and if so, how is it done in accordance with legal standards? Below we will discuss information regarding the legality of refusal by mutual consent, its legal registration and the consequences of such actions.
It is important to understand! If a potential father, during court proceedings, refuses to conduct a genetic examination (DNA test) to determine biological paternity, then the court decides to forcibly establish the paternity of this person.
Is it permissible to voluntarily renounce paternity?
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Is it permissible to voluntarily renounce paternity? According to the law, this is impossible, even if the spouses have expressed mutual consent. If a person claims the opposite, then this indicates that he made a conscious decision, but it does not have legal force.
At the same time, in judicial practice there are cases where a father was deprived of parental rights with a further interruption of communication (sometimes family) with a minor, loss of rights and obligations to participate in the child’s fate.
In other words, parental rights are an object of state protection. They relate directly to the rights of young children.
As a result, there is no possibility of renouncing them voluntarily, even with the consent of the parties.
The only way to renounce paternity is to deprive a man of his parental rights. To carry out the procedure there must be specific grounds in accordance with Art. 69 RF IC. These include:
- father’s addiction (most often alcohol, drug or gambling);
- child abuse;
- neglect of responsibilities as a parent of a minor;
- abuse of parental rights.
Refusal is possible only by court decision, which is regulated by Art. 70 IC RF. The plaintiff (that is, the one who wrote the statement of claim on a form based on the sample) can be either the relevant authorized state body, for example, guardianship or trusteeship, or the second parent.
They must also be present in court during the proceedings. Representatives express their existing opinion regarding the man in order to eliminate the possibility of infringement of the child’s rights.
As a result, talking about the father’s voluntary (without going to court) renunciation of paternity makes no sense.
Where to contact?
Where to contact? The statement of claim with the required documents should be submitted to the district or city court located at the defendant’s place of residence. When appealing a decision (it may be necessary in some cases), you will have to appeal to a higher court.
Read also: Child benefits through State Services
How to perform the procedure
The procedure for performing the procedure involves a trial, which must be attended by parents, the child, guardianship and guardianship authorities, and the prosecutor.
The trial process is usually long and complex, since the court must carefully analyze the circumstances, draw up a psychological and social profile of each parent and children, check the data and verify the legality of the evidence provided.
If necessary, the prosecutor, judge, guardianship and guardianship authorities have the right to request documents from parents (certificate of marriage and divorce, children's documents, medical and certificates of income, family composition, and so on). Having considered the case on its merits, the judge makes a decision, which states whether the man is deprived of the rights of a parent or not, determines the child’s place of residence, and considers the collection of alimony.
Will alimony be ordered?
Will alimony be ordered? This is a complex question, and the answer is given in the RF IC. Refusal of paternity constitutes deprivation of a man's parental rights, and the RF IC regulates what such a decision will lead to.
It is important to understand that the legal procedure is not capable of canceling biological kinship (severing all ties is allowed in exceptional cases and if there are specific grounds), and it should not affect the child.
In particular, a man deprived of parental rights loses all rights to receive government payments or any guarantees that are legally associated with parenthood. But a citizen is not exempt from maintaining his own children (Part 2 of Article 71 of the RF IC). It will not be possible to write a waiver of alimony. The best thing to do is acknowledge them and pay them promptly.
In general, in court, when depriving parental rights, the judge will also consider the issue of assigning alimony and its amount (Article 70 of the RF IC). In this case, a man deprived of parental rights loses the right to demand child support from an adult child.
Regardless of whether a man is deprived of parental rights or not, the court retains the minor’s rights to:
- movable and immovable property (if any);
- use of residential premises for living;
- use of other rights arising from consanguinity (inheritance of the property of the father or his relatives, which is regulated by the Tax Code).
Alimony is material payments that are aimed at ensuring the normal financial situation of a minor. In this situation, the mother does not have the opportunity to refuse to receive child support. Refusal implies infringement of the child's rights, and this is unacceptable.
Read also: How to sign up for a antenatal clinic through State Services?
How to restore a parent's rights after relinquishing paternity?
How to restore a parent's rights after relinquishing paternity? This is permissible under Russian law. To do this, a number of conditions must be met.
In particular, if a parent has reconsidered his attitude and wants to restore the rights to a minor, then he must notify the court of this desire in writing.
The judge will consider his application and then make a decision after a detailed analysis.
For the proceedings, any documents may be requested, and witnesses may be called. The latter are usually the man’s neighbors or relatives, who can confirm or deny his change and desire to become a father again under the law.
This is allowed if the parent has radically changed his own lifestyle or attitude towards the child and is ready to provide for the minor. In other words, a person must change what caused him to be deprived of his rights as a parent. During the hearing of such a case, the guardianship and guardianship authorities will be present in court.
If the child is over 10 years old, then his opinion will be taken into account and will become a priority for the court (Article 72 of the RF IC). At the same time, pressure of any kind (both physical and psychological) is not allowed on a minor. All this will be checked by the court, and if the presence of pressure is proven, the person will suffer legal punishment.
If the court makes a positive decision, then all the rights of the man as a father are restored.
The body makes a negative decision in cases where:
- child against;
- a young child has already been adopted and the adoptive parent does not plan to cancel this decision;
- the court sees that the person has not changed and the rights of minors will continue to be violated in the future.
A sample form for a claim to court to restore a person’s parental rights can be downloaded on this page.
State fee for registration of the procedure
The state fee for registration of the procedure for renunciation of paternity and deprivation of parental rights is the same. Its amount reaches 300 rubles (Article 333.19 of the Tax Code of the Russian Federation), if the claim is of a non-property nature.
The amount of the state duty has remained unchanged since 2015. But keep in mind that if several claims are being considered or if there are property claims, the amount of payment may increase.
Consequences of denial of paternity
The consequences of renunciation of paternity are given in Art. 71 of the RF IC and assume the following:
- waiver of all rights that are based on consanguinity;
- loss of the right to see and communicate with the child;
- loss of the right to maintenance from a minor due to need or incapacity;
- the inability for a man to raise a minor or protect his interests;
- prohibition from acting as his legal representative;
- prohibition from claiming to inherit a child’s property if he or she dies;
- deprivation of the opportunity to receive benefits from the state.
Read also: How to remove the ban on registration actions?
All of the above applies exclusively to parents and is a kind of punishment for the father, but not for the child. Children's interests are a priority for the court. If necessary, you can contact a notary to clarify details. A notary consultation may be needed to achieve a positive decision regarding the plaintiff.
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Denial of paternity of a non-biological father
The paternity of a non-biological father can be renounced exclusively in court. To do this, a person should file an application with the court. In what situations might this be necessary? For example, a couple has been divorced for less than ten months and the woman gives birth to a child out of wedlock. As a result, the former spouse is recorded as the father.
What does it take to refuse? First, you should collect documents and evidence that recognizing a man as a father is illegal, since biologically he is not a relative of the child. You must provide the court with one of the following documents:
- medical examination that the man cannot have a child;
- documentary circumstances that the registered father could not be with his wife at the time of the baby’s conception;
- evidence confirming that the woman was in a relationship or lived with another man for a certain period of time;
- genetic examination.
Worth knowing! In any case, a DNA test is ordered by court, if it was not carried out on the initiative of the man in advance.
Now you know exactly how the procedure for registering a renunciation of paternity is carried out and what it is.
Remember that in fact refusal is impossible, but if appropriate circumstances exist, a man can be deprived of his rights as a parent.
Keep in mind that in any case, such a procedure is usually long and difficult, since the court must consider the evidence, draw up personal profiles and then make a decision.
How to renounce paternity - sample statement of claim and procedure
In Russian legislation, forced deprivation of parental rights does not relieve citizens from responsibility for supporting their children.
The child retains all rights entitled to him:
- to receive alimony;
- to a share in property;
- for legal inheritance.
In case of deprivation of rights, family law protects children, and restricts parents in their rights to raise and deprives them of the opportunity to claim financial support from their son or daughter in the future. This applies to cases of coercive measures. Can a father voluntarily renounce paternity and parental responsibilities?
Prerequisites for refusal
For children born in an official marriage, a record of the actual father is automatically made in the registry office, but the man can express disagreement with such a record. There are various reasons:
- unwillingness to pay child support;
- living separately from a spouse;
- doubts about the biological origin of a son or daughter, etc.
Reasonable doubt about biological relationship is sufficient grounds to file a claim to challenge paternity.
The mother can also initiate the procedure if we are talking about deprivation of parental rights. When a man does not participate in the children's lives, evades paying child support, or is not actually the father, the mother also has the right to go to court.
Sometimes both parents come to mutual agreement that the man will not be the father. For example, a woman gets married, and the new husband wants to establish custody of her children. In such a situation, voluntary renunciation of paternity is possible - all that remains is to legally formalize this fact.
Giving up parental responsibilities is quite difficult. If the initiative comes from one of the parents, the father cannot avoid a lawsuit. Renunciation of paternity by mutual consent of the parties is easier to formalize, but this requires that another man assume parental responsibilities. The procedure is going through the courts, but without the participation of the father.
Registration procedure
Forcible deprivation of rights cannot be considered a denial of paternity. This is only a legal procedure, as a result of which the responsibilities of the parent are not removed. Refusal of paternity is possible only in two cases:
- when challenging kinship;
- when transferring parental rights to another man (through adoption).
Challenging
Challenging the fact of kinship is carried out only through the court on the basis of Art. 52 of the Family Code of the Russian Federation. A man can do this if, when preparing documents for a newborn child, he did not know that the baby was not his own.
A claim to challenge paternity must be justified by indisputable evidence, for example, the results of a genetic examination or confirmation of actual deception on the part of the mother.
If the mother voluntarily confirms that she hid the fact of the absence of a biological relationship from the man, then a medical examination can be avoided. In other cases, the only evidence is the conclusion of geneticists.
If the mother has objections to the claims, it is better to entrust the drafting of the claim to a competent lawyer, since the result of a genetic examination does not always lead to a positive decision.
When the court concludes that there is no valid connection between the child and the father, the man’s responsibilities are completely relieved. This does not apply to situations where the man initially knew that he was not the father, but agreed to enter his data into the baby’s birth certificate. In such cases, responsibilities can only be relieved by mutual agreement with the mother.
Sample statement of claim to challenge paternity:
Download the document (isk-ob-osparivanii-otcovstva.doc, 31KB)
Transfer of rights
Unreasonable refusal of responsibilities towards children is impossible. Voluntary transfer to another person is permitted provided that the children are adopted. To do this, the official father can write a statement about the voluntary renunciation of his rights and an agreement to adopt his child.
For the agreement to be valid, it is necessary to contact a notary - notarization is required for this document.
A certified refusal does not relieve the man of his responsibilities until the mother presents him to court.
To completely remove paternal responsibilities, the mother must file a claim to deprive the man of parental rights, and the person wishing to assume responsibilities must file a claim for adoption.
The father’s refusal can be considered accomplished only after the court decision establishing guardianship by the adoptive parent comes into force.
Mother's initiative
In rare cases, a claim to challenge paternity is filed by a woman. If the mother initially knew that the baby’s father was another man, but deliberately hid it, she can go to court to challenge the entry on the birth certificate.
In this case, the court takes into account the attachment of the actual parent to the child, so the man can petition to preserve the rights of the parent. This does not apply to voluntary refusals. A notarized waiver form is valid even if the father subsequently changes his mind.
In deciding a child's fate, the desire of one or another parent is not enough. Such issues are considered with special care, always taking into account the opinion of the guardianship authorities and only in court.
Reasons for renouncing paternity and consequences of the procedure
Refusal of paternity is a common phenomenon that families face, regardless of social status and material well-being. However, despite the reasons that led to such an unpleasant process, the legislation of the Russian Federation still does not exempt the biological father from responsibility. Only the court can determine the responsibilities of the ex-father, and this is where the child’s parents should apply in the event of a divorce.
Possible reasons for refusal
As practice shows, deprivation of parental rights of a biological father on a voluntary basis occurs very rarely. In most cases, such a procedure is accompanied by reasons such as:
- Child abuse and inappropriate treatment, whether newborn or adolescent.
- Use of violence against a minor. According to the law of the Russian Federation, not only physical violence, but also psychological violence is taken into account.
- Committing a crime of any gravity against the baby or his biological mother. For such crimes, a man is more often punished under the Criminal Code than under the administrative code. In court, such grounds for deprivation of paternal rights are considered significant.
- Deliberate failure to pay child support on time. It is applied in the case when the marriage between husband and wife is officially dissolved, but the man is not deprived of paternity.
- Forcing a child into begging or prostitution. Forcing a minor to drink alcohol or drugs is considered a similar violation.
- Intentionally obstructing a child's education.
- Failure by the father to fulfill direct parental responsibilities established by the current legislation of the Russian Federation (Article 69 of the Family Code of the Russian Federation).
Important! In addition to the above reasons, which directly violate the Legislation of the Russian Federation, abuse of parental rights by the father can also serve as a basis for filing a claim on the part of the mother. If both parents are involved in abuse, the court reserves the possibility of depriving the wife of maternal rights and transferring the child to a shelter.
Negative reviews of neighbors about the family can also serve as a reason to check the conditions in which a child (especially an infant) lives.
If the above reviews are confirmed, then the authorized body together with a family psychologist reserve the right to remove the baby from the parents and hand him over to a guardian.
By a court decision, child custody may fall not only on specialized services, but also on close relatives, such as grandmother, godparents, aunts, uncles, etc.
Voluntary refusal
Some married men wonder about the possibility of voluntarily renouncing paternity. And the answer will be unanimous – no, it’s impossible.
Indeed, according to the legislation of the Russian Federation, the official adoption of such a decision is strictly prohibited, since parental rights are primarily protected by the state.
This means that the state also bears responsibility for their recognition or deprivation.
In addition, when a father voluntarily abandons a child, this directly affects the interests of the minor child. In a state where the policy of full-fledged families is welcomed, the topic of how to renounce paternity rights is not approved at the legislative level.
Pros and cons for mother
Any waiver of paternity rights is a unique process, the outcome of which can have both a positive and negative assessment. This result mainly affects the mother and the child.
For example, if the parental rights of a biological father are officially terminated (at the initiative of his wife), then the mother reserves the right to receive financial assistance not only from her ex-husband (alimony), but also from the state, as a single mother, which is considered an indisputable advantage.
In a situation where the refusal of parenthood on the part of the father is not unilateral, but rather this decision was made mutually, then a single mother may not count on help from the state. Moreover, with regard to alimony, a single mother will have to pursue it in court, unless, of course, the ex-father himself shows a desire to help the child financially.
If the father mutually decides to renounce parental rights, all common property of the ex-husband and wife (house, car, etc.) will be divided in half. This means that a biological child, who is initially a direct heir, will not necessarily have the right to receive an inheritance from both parents. This is considered a disadvantage of such a decision for the child.
Who can submit a waiver
According to current Russian laws, not only the mother or father of the baby can file an application for abandonment of a child. The following are also entitled to participate in this procedure:
- Parents who are listed on the child's birth certificate. Such mother and father do not necessarily have to have a biological connection with the baby, the same surname or relation to the family, and also be in an official marriage registered through the registry office.
- The child himself, provided he is an adult.
- The adoptive parent of a child (guardian) who is considered incompetent.
Moreover, in cases where the deprivation of the husband’s parental rights is not the result of a joint decision by mutual consent, but the consequence of a conscious statement filed by the child’s mother, the father retains the right to file a counterclaim to challenge the decision. However, the court may not consider such applications if the baby’s father:
- knew about the child at the time of registration on the birth certificate;
- gave voluntary consent, certified by documents, to the use of someone else’s biological material to impregnate his wife (surrogacy).
If the man included in the baby’s birth certificate doubts his biological paternity, then he has the right to double-check this by conducting a DNA test (the study can be carried out anonymously).
If the examination confirms the fears, the man will be freed not only from parental rights, but also from any other material payments for the baby’s mother (alimony, disability benefits).
Responsibilities for providing for the already existing family will fall on the state, which will pay cash benefits to a single mother or an already married woman. The amount of subsidies depends on whether the woman is married or single.
It will also be calculated how much money the person receives from social benefits.
Procedure for conducting business
Depending on whether the father abandons the child on a voluntary basis or on the initiative of the mother, the procedure for considering the case is significantly different. You can consider the list of actions for each procedure later in the article.
You should start with a voluntary refusal, in which the procedure for considering the case is as follows:
- The biological father fills out a special form for voluntary abandonment of the child, indicating his consent to further adoption. If the child has reached the age of majority, the objector may not consent to further adoption. This document should also indicate the parent's initials, place and date of birth.
- After filling out and registering the waiver form according to the generally accepted template, the document waiving parental rights is certified by a notary. A similar document that is not notarized will be considered canceled, and the court will not be able to rely on it in the event of conflict situations during the consideration of the case on deprivation of paternity.
- A refusal form certified by a notary is submitted to the court, where the child’s mother must also appear. If the mother has the prospect of a future adoptive father for the baby, then his appearance in court is also considered necessary, since the court will draw up related documents.
- After considering the father’s application for voluntary relinquishment of parental rights, the court makes a final verdict on the case under consideration.
Important! In a situation where the father voluntarily renounces parental rights, there is no possibility of canceling the decision made by the court. Therefore, before submitting written consent to the voluntary abandonment of a son or daughter, a man should weigh all the pros and cons.
If the renunciation of parental rights by the father is not considered voluntary, and such a decision was made due to other reasons listed above, then the procedure for considering the case will be as follows:
- The mother submits a written application to deprive her husband of parental rights to the court, notarizing the document in advance. The application must also include the reason for this decision.
- The court appoints a commission to verify these facts against the child's biological father.
- After confirmation or refutation of the information indicated by the mother, the court makes a decision on the father’s renunciation of the child or on the cancellation of the application.
In some situations, the above procedure for considering a case may be changed, depending on the individual circumstances of a particular family. For example, one of these features may be the abandonment of a child by the mother.
What documents are needed for the procedure
The question of how to renounce paternity has been considered. Now you should move on to the section - necessary documentation. According to the current legislation of the Russian Federation, in case of voluntary or forced abandonment of a child by a parent, both father and mother must present documents for consideration of the case in court:
- waiver of claim and a copy for the defendant;
- photocopies of both parents’ passports;
- photocopy of marriage certificate. If the marriage was previously dissolved, then instead of the above-mentioned document it would be correct to attach the corresponding form;
- a copy of the baby’s birth certificate from the maternity hospital;
- certificates of the actual place of residence of the child’s father and mother (not to be confused with registration);
- characteristics from the place of work (for mother and father).
In individual cases, the father may also need a certificate confirming paternal incapacity. Based on the documents presented, the court will be able to decide whether to deprive the parent of his rights or temporarily reject the claim, giving the family time to make some amendments.
Sample application
How the renunciation of paternity rights occurs step by step has been discussed, now you should study the topic of how to draw up an appropriate application using the sample. This can be done based on the instructions given in the table below:
Information What is indicated Example| Authority considering the case | According to the legislation of the Russian Federation, issues of depriving a parent of paternal rights can be considered by: judicial authorities, trusteeship and guardianship committees, as well as civil registry offices | Most often, the application is submitted to the court authorities |
| Information about the parent abandoning the child | In this column of the form you should indicate: the parent’s date of birth, initials, passport details, actual residential address and contact details | Ivanov Mikhail Yurievich 08/13/1992 AN 948732 Place of registration: Taganrog, st. Vostochnaya, building 3, apt. 6; Place of actual residence: Taganrog, st. Komarova, house 45.
Tel. +7-8634-22-75-84 |
| Information about the child(ren) | Among the information about the child that must be indicated in the application for renunciation of parental rights, the following should be mentioned: the child’s full name, his date of birth and actual address of residence |
Voluntary renunciation of paternity sample application to court 2018
The motives for voluntary refusal may be different if the father is not biological, or after the divorce, the spouses make a mutual decision to transfer parental rights to another person. Unfortunately, the legislation of the Russian Federation does not provide for the voluntary abandonment of children by parents; at the birth of a child, responsibilities arise for the upbringing, maintenance, and education of their children until they reach adulthood. Judicial practice confirms the satisfaction of claims for voluntary renunciation of paternity.
How to formalize renunciation of paternity by mutual consent?
The Family Code provides for Article 69 of the RF IC, according to which the procedure for forced deprivation of parental rights is regulated, for which significant reasons are required:
- long-term evasion of alimony payments;
- alcohol abuse;
- drug addiction of parents;
- cruel treatment, etc.
If there is a need to deprive parental rights on a voluntary basis, it is not necessary to be dependent on alcohol or drugs, but a mutual agreement must be reached between the former spouses to carry out the deprivation procedure.
After an agreement has been reached, the father has the right to write a statement, with the subsequent transfer of his obligations to another person for adoption, for example, the new spouse of his ex-wife (stepfather).
In turn, filing a claim is not possible if the child has reached the age of majority.
Read about the nuances of formalizing the abandonment of a child by the father at the link:
What documents are needed to renounce paternity?
In order to issue a refusal, it is necessary to prepare special documents:
- Application transferring the right to adoption.
- Certificate from the place of registration.
- Receipt for payment of state duty.
- Passports of the plaintiff and defendant if the child reaches 14 years of age (copies). To learn how to restore a lost passport, read the link:
- Birth certificate of children, marriage/divorce certificate (copies).
- Certificate of income when considering the issue of alimony payment.
- Other documents confirming the reasons for voluntary renunciation (for example: travel document, DNA examination report).
This package of documents is the key to court approval of the application.
Procedure for renouncing paternity
The procedure is carried out only as a judicial proceeding. After reaching a mutual agreement, the following documents need to be completed:
- File a claim in court, register it with a notary and pay a state fee of 300 rubles for the voluntary transfer of paternity rights.
- A man who has expressed a desire to assume parental responsibilities must write an application; the state fee is not paid.
- Mothers must formally consent to the deprivation procedure and approve the candidacy of the future father.
Send it to the judicial authority at the defendant’s place of residence, attaching all the necessary documents. A well-drafted claim, a comprehensive package of documents, is fundamental to making a positive decision on this issue.
Does denial of paternity provide relief from child support?
The maintenance of the child lies on the shoulders of the parent until he is adopted by another man, as a result of which the denial of paternity is exempt from alimony. Restoration of parental rights is not possible after another person assumes these obligations and the biological parent voluntarily renounces.
Read about the conditions for alimony payments in favor of illegitimate children at the following link:
How to formalize a father's abandonment of a child?
Registration of a renunciation of paternity includes a number of requirements, including the provision of reliable information:
- Full legal name of the authorities.
- Information about the plaintiff and defendant - passport data, registration at place of residence, actual residence, contacts.
- Information about the representatives of the parties, if any, indicating the details of the power of attorney.
- Justification of the reason for the situation, indicating the approximate date of termination of the marriage.
- Executed permission for adoption by another person.
- The cost of a claim when considering the issue of alimony payment.
- Date, signature of the plaintiff.
- Notary marks.
After complete collection of documents, the package should be submitted to the judicial authorities.
How to formalize a renunciation of paternity?
The process of voluntary transfer of rights to a child is significantly accelerated if the abdication is made in favor of another person, for example a stepfather. A weighty argument is the recognition of the lack of relationship between the plaintiff and the defendant and a number of other reasons:
- according to the results of DNA testing;
- documents confirming the fact of a long separation, for example, a travel document;
- witness's testimonies.
In order to formalize the rights of the future father, who is ready to adopt a minor, it is necessary to write a consent and have it certified by a notary. The father draws up a claim indicating consent to adoption for further submission to the court at the place of registration of the defendant.
The father has the opportunity to change his decision and withdraw consent, but only before the decision is made, then this opportunity is lost. The parties are given the right to appeal the court decision, in accordance with the legislation of the Russian Federation, within 10 days.
Subsequently, the court decision should be submitted to the civil registry office in order to make changes in the register in the column about the father.
Sample application to the guardianship authorities for voluntary renunciation of paternity
When going to court with a claim for deprivation of rights, the father must write in his own hand a statement of voluntary loss of rights and consent to adoption. In the content, indicate a specific person for further registration of the transfer of parental rights. You can download a sample application for voluntary refusal here:
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Waiver of father's parental rights and alimony
It is also important to know that, if desired, a parent can waive his rights in favor of the child’s potential adoptive parent. To do this, you need to draw up a corresponding application and have it certified by a notary. After notarization, the application is submitted to the court for consideration.
Is it possible for a father to voluntarily give up parental rights?
- Father's doubts about his relationship with his children.
- The mother’s confession that the man is not the father of the child. In this case, upon a written application from the party, a biological examination can be carried out to establish a relationship. If it is not confirmed, the man will no longer be considered an official parent.
Denial of paternity
Sometimes mothers also take the initiative to renounce paternity. Sometimes they do not need help in raising and supporting their children, they are not afraid of the status of “single mother”, they are not stopped by the procedure of genetic examination and the painful process of depriving the father of parental rights.
Is it possible to renounce paternity and not pay child support?
Deprivation of parental rights of the father: why, how, what will be the consequences? Is it possible to deprive a father of parental rights, what needs to be done
• If a father abuses his rights, induces his children to engage in prostitution, begging for alms, theft, or joint use of alcohol and drugs, then this is grounds for contacting the police and deprivation of his parental rights.
Can a father renounce paternity and not pay child support?
A situation often arises when the father loses his legal status by transferring parental rights to another man who has registered an official marriage with the child’s mother. In this case, it is enough for the natural father to submit an application certified by a notary to transfer parental rights to another person.
Deprivation of a father's rights to a child: grounds and features of the procedure
- He hides his place of work and receives unofficial income.
- Doesn't indicate his place of residence, doesn't get in touch.
- Alimony debt represents a significant amount.
- Financial assistance has not been received for more than six months.
- The father is hiding in another country, disappeared in an unknown direction.
Voluntary relinquishment of parental rights, sample application
Hello! Please tell me, I filed for deprivation of my husband’s parental rights, he admitted the claim and wrote a voluntary refusal. The deprivation order was handed down in my hands, now he allegedly changed his mind and says that he will be restored to parental rights. Tell me, what is the possibility of returning parental rights in case of voluntary refusal?!
How to give up a child to a father
The Russian Family Code does not have a clear and unambiguous formulation of “child abandonment,” since such a concept would have a clear negative connotation from the point of view of morality and morality of society.
Legally renouncing paternity and freeing oneself from the “burden of parenthood” is possible only by depriving oneself of parental rights or obtaining consent to the adoption of one’s child by another person.
Deprivation of parental rights of a dysfunctional father and alimony
The case of deprivation of rights can drag on for a long time, because it is a rather labor-intensive procedure.
If the issue of financial support for your child is a priority for you and cannot be delayed, it is more advisable to file two separate claims. They will be considered in parallel in different courts.
And then the issue of alimony will be resolved much faster. Because the judge is not tied to the timing of the consideration of the case of deprivation of rights. This is the order provided.
Is it possible to deprive a father of parental rights if he pays child support?
In addition to these documents, other certificates, of which there can be a lot, may also be useful. For example, you may need characteristics not only of the father from the place of work, but also of the minor from the place of study, with a special note about how involved the family is in the upbringing of the student.
If you refuse child support, is it possible to deprive the father of parental rights?
Denial of paternity
There are many reasons for making the decision to renounce paternity .
Most often, when making such a difficult decision as abandoning a child, a man begins to suspect whether he is the child’s natural father.
But basically, it happens that a man simply does not fulfill his parental rights, and in a very malicious manner. And sometimes there are cases when the father does not allow the child to be taken abroad.
It is necessary to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:
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In such cases, and in any others, denial of paternity can be considered a last resort. When making such decisions, it is necessary to carefully weigh all the pros and cons, and most importantly, take into account all the rights of the child .
Renunciation of paternity is the process by which the father subsequently loses his rights to the child and can no longer be the father, documented.
According to the legislation of the Russian Federation, the father does not have the voluntary opportunity to renounce his rights to the child. This means that parents cannot voluntarily give up their responsibilities and financial support.
There are times when the father is ready to refuse voluntarily. Even in such cases, this desire will have to be satisfied in court. In fact, it is possible to lose paternal rights.
From the point of view of current legislation, achieving the desired result is very difficult.
How does renunciation of paternity occur?
Very often, in a child’s birth document (certificate), a non-biological father is entered in the line. According to the family code, the father is considered to be the man who, at the time of the birth of the child, was married to his mother. In addition, the ex-husband can be considered the father of the child, but only if no more than 10 months .
It is possible to challenge paternity in court with the person who was listed on the child’s birth certificate. The following may claim this right:
- The parent listed on the birth certificate.
- Biological parent.
- A child who has reached 18 years of age.
- Child's guardian.
- Guardian of a parent declared incompetent by a court.
There are situations when claims to challenge paternity will be completely denied. This is only possible if the father was aware of the real father at the time of registration, or gave written consent to his wife using someone else’s biological material for fertilization.
If a man has doubts about paternity, he has every right to refuse it. In order to comply with the refusal, you must present documentary evidence filled out according to the sample to the court. They can be any of the following documents:
- medical certificate stating that the man cannot have children;
- a document confirming the absence of the alleged father at the time of the alleged conception;
- documents that confirm the wife’s relationship with another man at the time of conception;
- DNA examination.
If the court decided to relieve a man of his responsibilities as a father, then he is also exempt from paying alimony.
Denial of paternity upon adoption
It is possible to formalize a renunciation of paternity by mutual consent, in the event that another man applies for adoption, without the father’s obstacles. This adoption procedure necessarily requires the consent of the father.
The father will need to provide written consent to the adoption. The application must have the signatures of both the notary and the guardianship authorities. It is the notarial deed that provides confirmation of adoption.
But before the final decision of the court, the father still has the right to withdraw consent.
There are cases when a voluntary renunciation of paternity is not necessary for adoption. This is possible in the following cases:
- The father was recognized in court as missing.
- Recognized as incompetent.
- Does not live with the child for a good reason (by court decision).
- If it doesn’t help financially for six months .
When filling out a voluntary claim for refusal (you can view and download it here: [sample application]), you must provide the following information:
- information about parents (both);
- the essence of the requirement, as well as facts and evidence;
- a list of originals and copies of all documents.
Before filing a claim, you must pay a fee. The following documents are attached to the application:
- documents confirming all the facts set out in the claim;
- marriage certificate or divorce certificate;
- duty payment receipts;
- parental characteristics;
- birth certificate.
Deprivation of parental rights
According to the law, only the court has the right to make such a decision. One of the parents or a person replacing a parent has the right to submit an application.
The legislation also provides for the possibility of filing a claim with authorities that protect the rights of children, for example, guardianship authorities. The prosecutor also has the right to file a claim in court.
In this case, both the guardianship authorities and the prosecutor must be present at the trial.
A parent is deprived of parental rights in the following cases:
- Parental responsibilities towards the child are not fulfilled (this includes alimony).
- Complete refusal to pick up a child from institutions such as a maternity hospital, kindergarten or hospital.
- Ban on training.
- Forced use of drugs, alcohol, and prostitution.
- Facts of ill-treatment.
- Committing various types of crimes, both against the child and his mother.
- Drug or alcohol abuse.
However, despite the fact that a decision was made to deprive the father of his rights, he must help the mother financially. This is done so that later you can restore your rights, because according to the law this is quite possible.
The court decides to deprive the father of his rights in extreme cases. The personality of the father and all the stated facts about the violation of duties are carefully studied. After this, the court may issue a warning and refuse to satisfy the filed claim. In this case, the guardianship authorities will monitor the father’s behavior.
There are often lawsuits due to non-payment of child support, but the court, as a rule, does not deprive the father of his rights because of this. However, in the case where the parent recognizes the claim, the court may make a positive decision on the claim and deprive the parent of paternity.
Restoration of parental rights
As for the restoration of lost rights to a child , everything is connected directly, both with the child himself, with what happens to him, how he behaves, and with the former father. The father’s lifestyle must be studied, how much his behavior has changed, and how much he takes part in raising the child.
However, first of all, the specialist must establish in the child how he relates to his ex-father. Even if the father has changed, but the child does not want to see him and he has hostility towards him, the court may refuse to restore paternal rights. Moreover, it is impossible to restore the father’s rights if the child has reached 10 years of age and is categorically against it.
In cases where the child has a positive attitude, and the father has changed his attitude towards him and his upbringing, the guardianship authorities carefully study the father’s behavior, his living conditions, as well as his financial situation.
To restore rights, you must prepare the following documents:
- application for restoration of parental rights. You can view and download here: [sample application];
- positive reference from the employer;
- characteristics from the district police officer;
- income certificate;
- passport, marriage certificate and TIN;
- medical certificates.
Information presented in court must be reliable.
Conclusion
From all of the above it becomes clear that:
- It is possible to deprive a father of the rights to raise a child if the father is a malicious violator of the fulfillment of his rights.
- If desired, you can renounce paternity voluntarily, but remember that serious evidence is needed to substantiate this position (absence of the husband at the time of conception, the wife’s relationship with another man, genetic examination).
- Also, a father may be deprived of his rights if he does not allow his child to study, or forces him to drink alcohol, drugs, or engage in prostitution.
- Denial of paternity exempts from child support.
- It is possible to restore your rights, but only with the mutual consent of the father and child. If the father wants to be a father, but the child is against it, then there will be no positive solution.
The main thing is to carefully weigh your decisions regarding your children and not traumatize them.
The most popular question and answer regarding renunciation of paternity
Question: My husband has been avoiding paying alimony for two years It was only three months after the intervention of the bailiff, but no more. Is it possible to deprive an ex-husband of paternal rights on this basis?
Answer: According to Article 69 of the Family Code , paternal rights can be deprived. The article states that a parent can be deprived of parental rights if he maliciously evades fulfilling his duties, as well as paying child support, or if he does not pick up his child from the maternity hospital or hospital.
List of laws
Samples of applications and forms
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