Statement of claim for denial of paternity (sample)

Family is an important component of our society. The Russian legislator protects as much as possible the interests of childhood, family, and the rights of the child, among which is his right to be raised in a full-fledged family, to be surrounded by the care of his parents.

Giving up parenthood is not that easy. As such, the concept of “renunciation of paternity” is not provided for in the legislation. It is impossible to voluntarily give up the role of dad. Questions, so to speak, of exemption from this role occur in the courts within the framework of civil proceedings, and are referred to as either challenging paternity or deprivation of parental rights.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
 

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Challenging paternity

Legally, becoming a father is easy - the registry office employees register as a father the man who is officially married to the child’s mother (as well as within three hundred days after the divorce or death of the spouse), or the one who has expressed a desire to be indicated in the child’s first document, through a personally signed papers in the registry office, or the one who was recognized as the father by the court.

The law provides for the possibility of exemption from the role of father and the opportunity to get rid of child support if the father is not biological.

We should immediately make a reservation that if, when registering the child for him, the father realized that this was not his own child, or the parents underwent an IVF procedure using the biological material of another man, and the “registered father” knew about this, then the scheme described below will not works.

If a man is provided with information that he is not the child registered in his name, he has the right to take action to deprive himself of the status of father without child support obligations. To exercise this right, you need to go and file a claim in court. Rules for drawing up a statement of claim.

Procedure for going to court

We file a claim in the district court

The claim must be filed in the area where the defendant lives. The defendant in this lawsuit is the child's mother. The Tax Code of the Russian Federation provides for the payment of a state duty of 300 rubles.

The statement cannot be unfounded, so it is necessary to collect evidence for it. For example, genetic examination, witness testimony, test results on infertility, etc.

In the event that the spouse refuses to consent to the examination, it is possible to apply for it during the trial, or to request documents accompanying the mother’s pregnancy process in order to establish the approximate date of conception.

In accordance with the Family Code and Resolution of the Plenum of the Supreme Court No. 16 of May 16, 2017, if the child is already ten years old, he will be present at the meeting and will be asked about his wishes. The result of the proceedings will be a decision on the need to amend the register where the pope is installed.

Amendments must be made 30 days in advance, upon provision of sufficient documents: passport and birth certificate. The state duty for receiving this government service will be 650 rubles.

The statement of claim must be written strictly according to the form.

Sample statement of claim

• To the Krasnoglinsky District Court of Samara (specify your name)
• Plaintiff: Full name (addresses and telephone numbers)
• Defendant: Full name (data, addresses and telephone numbers)
• 3rd party:
• civil registry office
• guardianship
• State duty: 300 rub.
• Statement of claim
• About challenging paternity

 The defendant (wife's full name) and I got married (data) and received a marriage certificate (series, number).

During the period when we lived together (or perhaps no longer lived), my wife gave birth to a child (what is the full name of the child when he was born), and I was recorded as the father on the child’s birth certificate (series, number).

Some time ago, I received information from a neighbor (full name), received information from an examination to establish paternity, my wife admitted to cheating, or I began to think that the child is not mine. (Write your own version).

(Date, name of the organization, its data copied from the form) conducted an independent examination and provided me with a result according to which the possibility of my paternity is 0 percent.

It is impossible to protect my right in any other way, since amendments to civil status records or their complete change are possible only after a court decision.
The same norm is indicated on the forms approved by Decree of the Government of the Russian Federation of October 31, 1998 No. 1274. Based on the above, and guided by Article 52 of the RF IC, 131-132 of the Code of Civil Procedure of the Russian Federation

 Ask:

• recognize the record that I am the father (data of the child) as invalid (characteristics);
• exclude my data.

All supporting documents must be attached to the claim.

 Child waiver

It is possible to lose the obligation to be a father by agreement with his wife, as well as a future stepfather who wants to adopt a child.

That is, getting rid of paternity is only possible if someone expresses a desire to provide for the child.

How to write a waiver for a child? To exercise this right, it is necessary to draw up an application to three government agencies: the district court, the civil registry office, and the department of guardianship and trusteeship.

Important: simply writing a waiver from the child will not be enough; a notarized waiver is required. That is, the application is drawn up in the presence of a notary officer and signed by him.

The application must be signed by a notary

It states that the person who refuses agrees to the subsequent process of adoption of his child by the stepfather, his decision is voluntary and he fully renounces the rights of the parent, while the rights are retained by the mother.

 Sample application for voluntary renunciation of paternity

To the Krasnoglinsky District Court of Samara (specify your name).
To the registry office.
To the OPP department.

From full name (Indication of addresses, contact telephone numbers, information specified in the passport).

 Statement

 I, full name, fully want to renounce the right to be a parent in relation to my child (data about the child, when he was born), my decision is voluntary. I agree to be deprived of my rights as a parent. I agree to future adoptions based on current legislation.

I understand that it is not possible to withdraw a refusal after the court has made a decision. I know that even if the court does not satisfy my demands and does not deprive me of paternity this time, I will not be able to withdraw my refusal after adopting the child.

The rights of the mother in relation to the child, full name, do not change and continue to be in full.

I have understood and read the above. I subscribe freely and meaningfully.

This paper can indicate that the court can hold hearings in the absence of the refusing father.

Where to go

First you need to visit the guardianship department. There they must draw up an act describing the environment in which the child lives; the act is attached to the claim. And only after this, the documents must be submitted to the district court, which will consider the application, taking into account all aspects of the particular case.

Since there are no separate rules for voluntary renunciation of paternity, such legal relations are regulated by Art. 69 – 71 of the RF IC, respectively, the process and result are completely identical with the process and result of deprivation of the rights of a parent. In the next three days, the court will send the extract to the registry office for clarification.

The Family Code has established a period of six months for the next adoption of a child; this is the period when the father can withdraw his refusal and regain the right to be a parent.

Forced deprivation of parental rights

It is possible to lose the right to be a parent without giving consent. Both parents, a person who is a guardian, an employee of the prosecutor or guardianship authorities have the right to write a claim with this requirement. A sample statement of claim is here.

The Family Code of the Russian Federation has defined cases when the procedure is possible, namely: if the father committed a deliberate crime against a family member; if the father refuses to fulfill his duties; if he is sick with alcoholism or drug addiction; in case of abuse of rights; in cases of abuse.

The case of deprivation of parental rights must be considered by the court, as a general rule, within a period of two months, starting from the time of application. At the meetings, the presence of an employee of the prosecutor's office or the guardianship and trusteeship department is required to give a reasoned opinion on the issue. At the same time, the issue of the amount of alimony must be resolved, even when the plaintiff does not ask for it.

Consequences of deprivation

A parent who has been deprived of the right to be a parent will lose his rights in relation to the child - receiving future maintenance from the grown-up child or cash benefits from the state, but the child will not lose the rights entitled to him before , such as being financially secure or receiving an inheritance after his father or members of his family.

You can read more about the process of depriving parental rights here.

In accordance with Resolution of the Plenum of the Armed Forces of the Russian Federation No. 10 of May 27, 1998. You can return the rights to the parent by going to court, providing strong evidence of improved behavior, but only if the child has not yet gone through the adoption procedure and this adoption is valid and has not been canceled, and also if the child, who has been more than ten years old, does not object.

 Alimony obligations

Payment of alimony is an obligation prescribed by law.

In most cases, the entire process of renouncing paternity begins due to an unwillingness to support one’s children.

The situation is that Russian legislation provides for the obligation of parents to provide for their children, even if there are some disagreements between the spouses, even if the father considers the child to be step-child, but this has not been documented.

If the father is not his own and filed a lawsuit to challenge paternity, he will support his child until the day the amendments are made. That is, he will pay until the day the decision is made in court, and then for at least another month.

If the father refuses paternity by mutual agreement with the mother and the future stepfather of the child, he must support him until the day of adoption , that is, at least another six months, after the trial. If the father is deprived of his parental rights, he is obliged to support the minor until he reaches 18 years of age or until the child goes through the emancipation process.

More details about alimony here.

 Conclusion

Let's summarize. The concept of renunciation of paternity does not exist in Russian legislation. In order to cease to be legally a father, it is necessary to challenge paternity or undergo the procedure of deprivation of parental rights.

Deprivation of parental rights can be forced or by agreement with the spouse, in connection with the adoption of a child by another man. Deprivation of parental rights does not exempt you from paying child support until someone else takes responsibility for the maintenance of the child or until the child turns 18 years old.

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Denial of paternity by mutual consent

Human life is full of surprises and circumstances that should not have happened, but they take place and radically change life. Refusal of paternity can be made due to many life circumstances.

One of the most common circumstances is a man’s uncertainty that he is the biological father of the little man. Regardless of what is the motivating factor for challenging parental responsibilities and rights, the law provides for a special procedure that will allow you to lose the right to be the father of one or more children.

Just like that, when a man wants to unilaterally lose his parental rights in order not to pay child support and not be responsible for the life and health of the child, this will not be possible. The procedure requires grounds and evidence (it’s like when applying for employment in another company - a reference from your previous place of work is required).

Voluntary relinquishment of paternity

If a parent fully fulfills his duties towards a legitimate offspring, then he cannot be forcibly deprived of the right to be a father for him. As for the voluntary deprivation of paternity, the law does not provide for such an action unilaterally (after all, this is not the process of returning a purchased mobile phone, described here).

A father may be deprived of parental rights if he completely evades the responsibilities that he assumed at the time of the birth of the child. This procedure is not voluntary, it is compulsory and is considered in court.

Also read about Article 228 of the Criminal Code of the Russian Federation in the new edition. Details at the link:

Procedure for renouncing paternity

In legal practice there is such a thing as “denial of paternity, a procedure by mutual consent.” It is envisaged that paternity of one citizen is deprived and these rights and responsibilities are assumed by another person who wishes to fulfill responsibilities in relation to this offspring.

This procedure is relevant in cases where a woman, being married to one citizen, gives birth to a child from another. Then, according to the law, the child must be registered as the real husband, even without his knowledge.

If mutual consent is then reached by all three parties, then the procedure for transferring rights to the child will take place without unnecessary problems and red tape.

You may be interested in: Article 162 of the Criminal Code of the Russian Federation in the new edition.

Father's abandonment of a child - registration with a notary

In order for the current, that is, legal parent, to be released from this status and the obligations associated with it in court, it is necessary to provide the court with evidence.

Evidence may be as follows:

1. If a citizen is infertile, then the evidence base will be a certificate from a medical institution stating the inability to have children.
2. If at the time of the alleged conception the legal father was absent, for example, was abroad on a business trip, serving a sentence in prison, and so on, then it is necessary to provide a certificate that would confirm this.
3. Evidence can be the testimony of eyewitnesses who are definitely aware that the woman was in a relationship with another citizen.
4. Indisputable evidence is a DNA certificate.

If a man is excluded from the register as the baby’s father, then all his obligations to him are canceled and he is not required to pay child support.

What documents are required to register a renunciation of paternity with a notary? A special application for deprivation of paternity can be certified by a notary. You can go to court for further decision on this issue.

Also check out the latest changes to Federal Law 127 on bankruptcy here:

When an application is written, it is necessary to give permission for the further adoption of the child by the other parent. Thus, the right to be a father is transferred to another citizen.

In addition to the statement of claim, to go to court, you must prepare the following documents:

• a copy of the child's birth certificate;
• copies of parents' documents;
• receipt of payment of state duty;
• certificate of salary and other income;
• a copy of the document on marital status.

Depending on the issue being considered, the court may order other documents to be provided.

Denial of paternity of a non-biological father

If a citizen is recorded on the birth certificate as the father of a child who is not biologically one, this issue can be challenged in court. To do this, you need to draw up a statement of claim with a notary and submit a package of documents to the court for consideration of the issue. But there are also some nuances here.

For example, if at the time of registration of documents for the child the legal father knew that he was not biological, then a negative decision would be made to deprive him of paternity. The situation can only be changed if a third party wishes to acquire the status of father for the child.

If paternity is denied, is child support paid?

The opinion that denial of paternity exempts from child support is often erroneous. When making a decision, the court may oblige a person to pay financial assistance to a child whom the citizen has abandoned. If deprivation of paternity occurred in favor of a third party to whom the rights and responsibilities of a parent are transferred, then the former father is not required to pay child support.

Father's abandonment of child: pros and cons for mother

Each procedure for depriving parental rights is unique and inimitable. It may contain both pros and cons for the child’s mother and for the baby himself. If the child’s father does not participate in the upbringing and does not provide any financial support, then it is advisable to deprive him of parental rights or transfer this right to a person who wants to be a father and husband.

If the legal father was not aware of the fact that he is not the biological father, but was recorded as such, then depriving him of this right will entail his exclusion from the register as a parent. In this case, the child’s mother can receive financial assistance from the state as a single parent.

Denial of paternity in court - sample statement of claim

In order to file a claim, it is necessary to draw it up correctly.

You can download a sample application here:

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

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How to file a renunciation of paternity - statement of claim, sample, what documents are needed

Today, the Family Code allows you to cancel a parent’s rights to their child. Moreover, this process is not always implemented forcibly; in some cases, refusal occurs on a voluntary basis. The reasons for this can be very different; this action has serious legal consequences.

The Family Code of the Russian Federation imposes responsibility for the child on the parent. Moreover, the father and mother must not only financially support the minor, but also engage in his upbringing.

And also take part in his education, development as a person. If for some reason the father shirks his duties, he may be deprived of parental rights.

Moreover, this procedure can be carried out:

1. Forcibly.
2. On a voluntary basis.

Regardless of the circumstances, all individuals involved in a disclaimer should consider the following important questions:

1. What it is?
2. Where to contact?
3. What are the deadlines?

What it is

Refusal of paternity constitutes deprivation of parental rights, the consequences of this action are as follows:

• legal interruption of the very fact of family ties;
• loss of the right to be interested in the child’s life and influence it in any way.

It should be remembered that voluntary renunciation of paternity does not have legal force; it is necessary to hold a court hearing, as well as make an appropriate decision.

To do this, it will be necessary to collect a mandatory list of documents, as well as draw up a statement of claim accordingly.

The grounds for termination of paternity are fully listed in Article No. 69 of the Family Code of the Russian Federation. The reason for the revocation of parental rights can only be a court decision - according to Article No. 70 of the RF IC.

Deprivation of parental rights regarding a child has the following features:

1. The parent loses the right to inherit.
2. The child, even after deprivation of the parent’s rights, continues to belong to the heirs of the first category.
3. The parent will be required to continue to pay child support.

The last point is especially important - denial of paternity is not a basis for exemption from paying child support. The only exception is when the child is adopted by a third party.

For example, a woman finds another spouse, and her new husband wants to adopt a child. In this case, such a procedure is possible only if the physiological father is deprived of parental rights.

Where to contact

To renounce paternity or simply deprive parental rights, you must contact the following authorities:

• guardianship and trusteeship;
• district court.

If for some reason the father or mother do not want to go to court on their own or do not have the opportunity, you can simply visit the guardianship and trusteeship authorities.

This institution and its employees will independently prepare all the necessary documents and will also represent the interests of the parent in court.

You can also immediately contact the district court directly. But at the same time it will be necessary to collect a fairly extensive list of documents, as well as draw up an application accordingly.

This procedure is not so simple, which is why, if possible, it is worth using the services of a professional lawyer.

What are the deadlines?

Most often, the process of depriving parental rights takes a fairly short amount of time, especially when the reasons for this are quite serious:

1. Violation of a child’s sexual integrity, violence – physical and psychological.
2. Crime against life or health.

Most often, the process of considering a case takes no more than 1 month - everything directly depends on the workload of the body to which the claim was filed. Once the decision has been made, the father is given 10 days to appeal.

If it was absent, or the consideration of the counterclaim was refused, the court decision is submitted to the registry office within 3 days.

Based on this document, employees of the civil registration institution make appropriate changes to the register.

After this, it becomes possible to adopt the child, and the physiological father will be deprived of all rights to him.

What are the reasons

Since a man’s desire to renounce parental rights in itself does not have legal force, there must be serious grounds for this action.

These include the following:

• the parent evades fulfilling his immediate responsibilities as outlined in the RF IC;
• the parent is a malicious evader from paying child support;
• there is a fact of refusal in the absence of sufficiently serious reasons to take your child from the parental unit or other medical or educational institution;
• abuse of parental rights;
• child abuse;
• physical violence;
• psychological pressure;
• assault on sexual integrity;
• the parent is chronically ill with alcoholism or is a drug addict;
• the father committed a premeditated crime against the health, as well as the lives of his own children, and his wife.

Moreover, it should be remembered that in the latter case it is not at all necessary to commit a crime specifically against one’s relatives.

The very fact of intentionally causing harm to the life or health of another person is already grounds for depriving the father of parental rights. Therefore, persons who fall under any article of the Criminal Code are always at risk.

Registration procedure

To implement the procedure for depriving parental rights, it is necessary to prepare accordingly and, first of all, deal with the following important issues:

1. How to file an application to court to renounce paternity.
2. What package of documents must be attached?

You should also study the legislative framework in as much detail as possible, this will allow you to avoid various kinds of difficulties and conflict situations.

Application to court for renunciation of paternity

It will not be possible to file a claim to renounce paternity directly in court - there are no such precedents in judicial practice. You will need to file an application to terminate parental rights.

In this case, you will need to attach a special statement written by a notary and confirmed by him.

It should contain the following main sections:

• name of the authorities (guardianship and court);
• father's details;
• last name, first name and patronymic;
• date of birth, place of residence;
• passport series and number;
• a clearly and as briefly formulated denial of paternity as possible;
• registration number in the register of documents;
• the amount of state duty (collected according to the tariff);
• FULL NAME. notary and his signature.

In the future, this statement will serve as the basis for deprivation of paternity. But it is much easier to implement this procedure in a standard way.

The main thing is the presence of appropriately executed documentary evidence of the present grounds for deprivation of paternity. The statement of claim to the court itself is drawn up in a standard manner.

It is only important to remember one very important point related to filing an application. The presence of any errors may serve as a reason for refusal to accept it by the court office.

Moreover, the most common mistake is the date of compilation of this document. It must completely coincide with the day of its submission.

To avoid wasting time, it is best to obtain in advance a sample statement of claim for renunciation of paternity (properly drawn up).

It is very simple to create this document using a ready-made example, this way you can avoid making the most common mistakes.

Attached package of documents

In order for the court office to accept the corresponding claim with a request to deprive the father of parental rights, the following list of documents must be attached to it:

• child's birth certificate;
• certificate of paternity - if for some reason the child was born out of wedlock;
• EZhD - a single housing document (it will serve as confirmation of the child’s residence with the mother);
• a receipt for payment of the statement of claim - the amount of this payment is calculated based on Article No. 333.19 of the Tax Code of the Russian Federation;
• certificates from work in form 2-NDFL or other documents confirming the parent’s income;
• court decisions, extracts from a criminal case;
• certificates from the PND and other medical institutions;
• written witness statements;
• certificates from bailiffs regarding payment of alimony payments;
• certificates from medical and educational institutions.

In this case, the court may request any additional documents already during the examination of the case - if possible, they should be submitted without fail.

Video: child abandonment

Obtaining a court decision

After making any court decision regarding the case under consideration, the court is obliged to document it in 3 copies:

Indicators	Description
One copy	remains directly in the office
Second copy	handed over to the mother
Third copy	handed over to the father

Subsequently, this document may be required in a variety of circumstances:

1. Adoption.
2. Traveling abroad for a child.
3. Grounds for refusal to pay alimony.
4. Other.

It is important to remember that if a court decision is lost, you can always get a certified copy of it from the court that issued it. To do this, you will need to pay the state fee again, as well as fill out the application accordingly.

The legislative framework

Before applying to court for deprivation of parental rights, you should study the legislative framework:

If possible, it is worth studying Chapter 12 of the Family Code of the Russian Federation in its entirety.

Relinquishment of parental rights and deprivation of them is a fairly serious procedure and has many legal consequences. Therefore, before you begin to implement it, you should make sure that it is necessary.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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