Deprivation of parental rights

Grounds for deprivation of parental rights . A mother or father may be deprived of parental rights by a court if she or he:

1) did not take the child from the maternity hospital or from another health care institution without a good reason and did not show parental care for him for six months;

2) shirk their responsibilities for raising a child;

3) abuse a child;

4) are chronic alcoholics or drug addicts;

5) resort to any type of exploitation of a child, force him to begging and vagrancy;

6) convicted of committing an intentional crime against a child. Mother and father may be deprived of parental rights

regarding all of your children or some of them. One of the parents, a guardian, a trustee, a person in whose family the child lives, a health care institution or educational institution, in which she is located, the guardianship and trusteeship authority, the prosecutor, as well as the child himself, who has reached the age of fourteen.

Legal consequences of deprivation of parental rights. A person deprived of parental rights:

1) loses personal non-property rights in relation to the child and is released from responsibilities regarding his upbringing;

2) ceases to be the legal representative of the child;

3) loses the right to benefits and state assistance that are provided to families with children;

4) cannot be an adoptive parent, guardian or trustee;

5) cannot receive in the future those property rights related to paternity that she could have in the event of her incapacity (the right to maintenance from the child, the right to a pension and compensation for harm in the event of the loss of a breadwinner, the right to inherit);

6) loses other rights based on relationship with the child.

At the same time, a person deprived of parental rights is not released from the obligation to support the child. Simultaneously with the deprivation of parental rights, the court may, at the request of the plaintiff or on its own initiative, decide the issue of assigning child support.

Restoration of parental rights . A mother or father deprived of parental rights has the right to file a claim in court to restore parental rights. Renewal of parental rights is not possible if the child has been adopted and the adoption has not been canceled or declared invalid by a court. Renewal of parental rights is impossible if the child has reached the age of majority at the time the case is considered by the court. The court checks to what extent the behavior of the person deprived of parental rights has changed and the circumstances that were the basis for deprivation of parental rights, and makes a decision in accordance with the interests of the child. When resolving a case to restore the parental rights of one of the parents, the court takes into account the opinion of the second parent and other persons with whom the child lives. In case of refusal of a claim for restoration of parental rights, re-filing a claim for restoration of parental rights is possible only after one year from the date of entry into force of the court decision on such refusal.

Procedure for adoption of children

Adoption is the adoption by the adoptive parent of a person into his family as a daughter or son, carried out on the basis of a court decision. The purpose of adoption, according to Family Code, - the highest interests of the child to ensure stable and harmonious living conditions.

The child may be adopted. IN exceptional cases the court may decide to adopt an adult who does not have a mother, father or has been deprived of their care. In this case, the court takes into account the marital status of the adoptive parent, in particular the absence of his own children, and other circumstances that are of significant importance.

A child abandoned in a maternity hospital or other health care institution, or whose parents or other relatives refused to pick him up, can be adopted after reaching two months of age. A child who has been abandoned or found can be adopted after two months from the time she was found.

The provisions of Article 211 of the Family Code establish requirements for persons who may be adoptive parents, namely:

a) an adult capable person;

b) face, older than the child, whom it wishes to adopt, for at least fifteen years. In the case of adoption of an adult, the age difference cannot be less than eighteen years;

c) if a child has only a mother, she cannot be adopted by a man to whom her mother is not married. If a child has only a father, she cannot be adopted by a woman to whom he is not married.

Persons cannot be adoptive parents :

1) limited in legal capacity;

2) recognized as incompetent;

3) deprived of parental rights if these rights have not been restored;

4) were adoptive parents of another child, but the adoption was canceled or declared invalid due to their fault;

5) are registered or undergoing treatment at a psychoneurological or drug addiction clinic;

6) abuse alcoholic beverages or drugs;

7) do not have a permanent place of residence and permanent earnings (income);

8) suffer from diseases, the list of which is approved by the Ministry of Health of Ukraine.

In addition to the named persons, other persons whose interests conflict with the interests of the child cannot be adoptive parents.

If there are several persons wishing to adopt the same child, preemptive right a citizen of Ukraine has the right to adopt him:

1) in whose family the child is being raised;

2) who is the husband of the mother, the wife of the father of the child who is being adopted;

3) who adopts several children who are brothers and sisters;

4) who is a relative of the child.

Child registration who are left without parental care and can be adopted.

Heads of institutions in which there are children who can be adopted, as well as officials of guardianship and trusteeship authorities who have information about children deprived of parental care, are obliged to submit information about them within seven days to the relevant departments and administrations of district, district, the cities of Kyiv and Sevastopol state administrations, executive committees of city, district councils in cities. The named authorities, if there are no persons who would like to adopt a child or take him under guardianship or guardianship, within one month from the date of receipt of information about them are obliged to submit the relevant information to the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city state administrations. In turn, these authorities, if there are no persons who would like to adopt a child or take him under guardianship or trusteeship, within one month from the date of receipt of information about children who can be adopted, transfer it for centralized recording to the Center for Adoption adoption of children under the specially authorized central executive body in the field of education (hereinafter referred to as the Center for the Adoption of Children).

Registration of persons wishing to adopt a child , is carried out by departments and departments of district, district in the cities of Kyiv and

Sevastopol state administrations, executive committees of city, district councils in cities, which are entrusted with direct management of matters regarding guardianship and trusteeship, the Ministry of Education of the Autonomous Republic of Crimea, the relevant education departments of regional, Kyiv and Sevastopol city state administrations, as well as the Center for the Adoption of Children in accordance with , established by the Cabinet of Ministers of Ukraine. Registration of foreigners and stateless persons wishing to adopt children is maintained exclusively by the Center for the Adoption of Children.

The adoption of a child is carried out with the free consent of his parents, and this consent must be unconditional. Parents' consent to adoption can be given only after the child reaches two months of age. The parents' written consent to adoption is certified by a notary. To adopt a child, her consent is also required, which is given in a form that is appropriate to her age.

Adopting a child made without parental consent, if they:

1) unknown;

2) declared missing;

3) recognized as incompetent;

4) are deprived of parental rights regarding the child who is being adopted. The adoption of a child can be carried out without the consent of adult parents if the court finds that they, having not lived with the child for more than six months without good reason, do not show parental care and guardianship towards her, do not raise and support him.

To adopt a child by one of the spouses, it is required written agreement the second of the spouses, certified by a notary.

Adoption procedure . A person wishing to adopt a child submits an adoption application to the court. Submitting such an application through a representative is not permitted. An application for adoption may be withdrawn before the court decision on adoption comes into force. Adoption is considered completed on the day the court decision on adoption comes into force. At the request of the adoptive parent, the state civil registration authority issues, on the basis of a court decision, an Adoption Certificate, a sample of which is approved by the Cabinet of Ministers of Ukraine.

A person has the right to confidentiality of being registered those who wish to adopt a child, searching for a child for adoption, submitting an application for adoption and its consideration, court decisions on adoption. A child who is adopted has the right to keep the fact of his adoption secret, including from herself. A person who has been adopted has the right, after reaching fourteen years of age, to receive information regarding his or her adoption. The adoptive parent has the right to hide the fact of adoption from the child adopted by him and to demand non-disclosure of this information to persons who became aware of it both before and after the child reaches the age of majority. Persons who, in connection with the performance of their official duties, have access to information regarding adoption (the registration of persons wishing to adopt a child, their search for a child for adoption, submission of an application for adoption, consideration of an adoption case, supervision of compliance with the rights of an adopted child, etc.) etc.), are obliged not to disclose it, in particular even when the adoption is not secret for the child himself.

A person who has submitted an application for adoption may express a desire to be recorded in the Birth Registration Book as the mother, father of a child or an adult. If a child who has reached the age of seven is being adopted, the consent of the child is required to register the adoptive parent as the mother or father. The court grants such a request from the adoptive parent in the adoption decision if it is in the interests of the child.

From the moment of adoption, mutual personal non-property and property rights and obligations arise between the person who is adopted (and in the future between his children and grandchildren) and the adoptive parent and his relatives by origin.

Finally, we note that an adoption may be canceled by a court decision if:

1) it contradicts the interests of the child and does not provide her with family education;

2) the child suffers from dementia, mental or other serious incurable illness, which the adoptive parent did not know and could not know about at the time of adoption;

3) between the adoptive parent and the child, a relationship has developed, regardless of the will of the adoptive parent, that makes it impossible for them to live together and for the adoptive parent to fulfill his or her obligations. parental responsibilities.

What is the legal difference between the concepts of deprivation of parental rights and consent to adoption?

Cardinal difference.
Deprivation of parental rights is possible only in court and only if the parent’s guilt in evading parental responsibilities is proven.
Consent to adoption is issued out of court and does not depend on the good faith of the parent, it is his will.

Deprivation of parental rights only in court and only under the conditions specified in Art. 69 IC RF:
Parents (one of them) may be deprived of parental rights if they:
evade the fulfillment of parental responsibilities, including malicious evasion of child support payments;
refuse, without good reason, to take their child from a maternity hospital (ward) or from another medical organization, educational institution, social service organization or similar organizations;
(as amended by Federal Laws dated April 24, 2008 N 49-FZ, dated November 25, 2013 N 317-FZ, dated November 28, 2015 N 358-FZ)
(see text in the previous edition)
abuse their parental rights;
children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity;
are patients with chronic alcoholism or drug addiction;
committed an intentional crime against the life or health of their children, another parent of the children, a spouse, including a non-parent of the children, or against the life or health of another family member.
Consent to adoption is a procedure required for adoption, except in cases specified by law. Art. 129 RF IC: To adopt a child, the consent of his parents is required. When adopting a child of minor parents under the age of sixteen, the consent of their parents or guardians (trustees) is also required, and in the absence of parents or guardians (trustees), the consent of the guardianship and trusteeship authority.

If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you

If only it were so easy to deprive parental rights. That's why I wanted to cancel the adoption.

Cancellation is also not a simple matter, it is not easier than deprivation, and you need reasons, not just desire...
Article 141. Grounds for canceling the adoption of a child

[Family Code of the Russian Federation] [Chapter 19] [Article 141]
1. The adoption of a child may be canceled in cases where the adoptive parents evade fulfilling the duties of parents assigned to them, abuse parental rights, or cruelly treat adopted child, are patients with chronic alcoholism or drug addiction.

2. The court has the right to cancel the adoption of a child on other grounds based on the interests of the child and taking into account the opinion of the child.

In accordance with the legislation of the Russian Federation, each parent is obliged to perform certain actions to provide for and develop their children. Parents must raise and support their children.

Refusal to fulfill one's obligations entails restriction or deprivation of parental rights. Such issues are considered only in court.

From the moment the court decision comes into force, both parents and children experience the consequences of deprivation of parental rights.

The consequences of deprivation of parental rights are the loss of rights to the child, provoked by the negative behavior of parents and leading an immoral lifestyle.

Termination of parental rights is a last resort. As a result of the lawsuit, the mother or father will lose the following:

• all rights that previously arose only due to kinship with the child by blood;
• the right to receive benefits, alimony and various benefits that are provided by the state in the presence of a child;
• rights to receive future child support.

Despite this, neither deprivation nor limitation of parental rights relieves parents from fulfilling their responsibilities towards their child.

The consequences of deprivation of parental rights for a child are as follows:

1. The child retains the right of ownership or right of use in relation to the residential premises.
2. The child has the right to receive the inheritance of his parents and other relatives.

It is quite logical that the legislation excludes from the list of heirs of children such mothers and fathers who were deprived of parental rights.

Depriving parents of rights and responsibilities in relation to the child, the law establishes the appropriate procedure.

It lies in the fact that it does not matter who takes care of the child - a second parent, a foster family, a guardian, a trustee, or a representative of an orphanage.

The administration of the institution and the listed persons with whom the child lives have the right to file a claim against the mother or father. In this application, they can demand the recovery of alimony from the parents for raising the child.

Since a mother or father deprived of their rights is required to participate in additional expenses for the child. This also applies to parents who have been subject to restrictions on parental rights.

In the case where a child lives with a mother or father deprived of parental rights, the court simultaneously considers and decides the question of whether it is possible for them to continue living in the same living space.

When considering a case, the judge makes a decision based on certain circumstances and the grounds on which the housing was obtained.

If parents and children live in premises that are on the balance sheet of municipal or state bodies, then deprivation of the parents’ rights is grounds for their eviction without the provision of other living quarters.

When parents are restricted in their rights, they can live with their children after the restriction is lifted. The same basis applies to a mother and father who are deprived of parental rights and live in a house owned by their child.

But in the case when the family lives in an apartment, which is common property or the property of a parent deprived of rights, it is impossible to evict him from his property. Then the child should be provided with separate living quarters.

In most cases, children are moved to a parent who has retained their rights. If both mom and dad are deprived of parental rights, the children are taken to Orphanage.

When a child is transferred to an orphanage, he retains the right of ownership or the right to use the housing of the parent deprived of his rights.

Thus, the legislation provides for such a procedure that when parents are deprived of their rights, no one can deprive the child of his property.

Video: Deprivation of parental rights

The 2019 legislation of the Russian Federation does not accept the voluntary renunciation of their rights by parents regarding their children; such a process is not provided for. Denial of paternity is also deprivation of parental rights.

The difference is that deprivation of parental rights is a forced procedure when the child’s father does not shirk his responsibilities. And renunciation of paternity is the voluntary deprivation of a father of his rights in relation to his own children.

This means that both parents agree that the father ceases to be such. Such issues are considered exclusively in court.

By renouncing paternity, a citizen must transfer his rights to the child to another person. There are various reasons for relinquishing parental rights.

But the main ones are highlighted:

1. Exemption of the father from paying child support.
2. The mother's reluctance for the unlucky father to take part in raising the child.

It is worth considering that if a father renounces parental rights just like that, and not in favor of another person, then this does not exempt him from paying child support.

The obligation to pay is removed only if the child is immediately adopted by another person who is the mother’s husband.

There are also families in which the head of the family suppresses the rights of his child so much that the mother is ready to ask her husband to renounce his rights; this is done solely in the interests of the child.

Giving up the parental rights of the father voluntarily also has its consequences. Such a parent may even have limited contact with the child if the mother provides evidence negative influence father on his health.

In this case, the following must be taken into account:

1. A father deprived of his rights should not participate in the life and upbringing of his children.
2. He has only one responsibility - to pay alimony.
3. The child has the right to receive the inheritance of such a father.

In order for a father to opt out, he must sign a release for his child to be adopted by someone other than the biological father. Such actions are possible in relation to a newborn and a minor.

In the event that the refusal occurs forcibly, a claim for deprivation of parental rights of the father can be filed by:

• mother of the child;
• prosecutor;
• child protection.

If the plaintiff voluntarily renounces parental rights, then in the application for refusal he must indicate:

Having become familiar with this claim, the guardianship authorities file an application with the court against such parent.

There is no specifically established form of claim, but it must be drawn up in accordance with the law.

It contains the following information:

If the child is already 10 years old, he has the right to familiarize himself with the claim. When filing an application for deprivation of parental rights, the plaintiff must pay a state fee in the amount of 300 rubles.

Restriction of parental rights is a temporary measure.

In this case, the child is transferred to be raised by another relative, without revoking the parental rights of the parent himself.

The basis for such a procedure is the corresponding court decision. In this case, the rights of the parent are limited only for six months.

If during this period the behavior blood relative does not change, he will be deprived of parental rights.

Limiting parents' rights does not relieve them of their responsibilities. Therefore, for the entire duration of the restriction, alimony for the maintenance of the child is collected from the parents.

The consequences of restricting parental rights are that the parent can no longer do the following:

• educate and defend the interests of the child;
• receive funds and benefits intended for families with children;
• be a guardian of other children or adopt them.

Meetings and telephone conversations with the child during the period established by law can only be with the consent of the second parent, whose rights are preserved.

If a mother and father have limited rights regarding their children, then communication with children is possible with the permission of a temporary guardian or child care facility where the child is.

In this case, the opinion and consent of the child himself will be taken into account. Communication with children is possible and allowed, but not mandatory.

The legal consequences of limiting parental rights lead to the fact that the parent retains only property rights. He will lose them only if he is deprived of rights regarding his children.

The legislation allows you to support a child financially and claim property after his death. The child retains property rights, the right to inheritance and living space.

Video: Restriction on parental rights of father (mother)

If parents do not fulfill their obligations regarding their children, their parental rights are limited or deprived. In both cases, the consequences of the measures taken will affect both the parents and the child.

Restriction of rights is temporary, and deprivation of rights is indefinite. The consequences of the restriction are significantly narrower compared to the consequences of deprivation of parental rights.

Hello We live in the Murmansk region, my mother and grandmother live in Moscow, who told me about my relatives: my grandmother had a brother, my brother had a son who abused drugs, then alcohol, is now disabled, has been in the hospital for three months. This son brought a girl from the road, they are not registered. She gave birth to a boy a year ago, the boy walks only with a walker, there is not a single tooth, he does not speak. The boy’s mother constantly quarrels with the child’s grandmother, there are constant fights, swearing. Both parents abuse alcohol. Guardianship authorities came to the family and my grandmother was a witness; the question of removing the child from the family was raised. He fell through in the hallway, the hole was covered with a carpet, a woman from the guardianship stepped on and almost broke his leg, after which a commission was appointed. By that time, the child’s parents were going to separate. They found the child’s mother’s sister and offered to take the child if the parents were seized and deprived of their rights, to which she replied: She has five of them in orphanages and I will collect them all! At the commission, the parents reconciled, the next day another relative went to the guardianship authorities, what she did and said, no one knows, but the issue of removing the child is closed. The grandmother is taking care of the child, the child's mother found a boyfriend and runs to him every weekend, she wanted to go there with the child, but the guardianship did not allow it - a den of drunks. The apartment is dirty, cockroaches are falling from the ceiling, they live on the pension of the grandmother and the child’s father, the mother spends whatever she earns on herself. The child’s grandmother borrows money from my grandmother regularly. They don’t take the boy to the doctors, nor do they take him for walks. The boy hardly smiles and flinches from loud noises. My husband and I are ready to adopt a boy; we have a daughter, Nastenka, who will be eleven this year. All the conditions are there. What should we do? Is it possible?

The lawyer, S.O. Koroleva, responded:

Hello Anna!
Adoption will become possible only if the parents are deprived of parental rights, because adoption is possible only for children left without parental care.
Parents (one of them) may be deprived of parental rights if they:
evade the fulfillment of parental responsibilities, including malicious evasion of child support payments;
abuse their parental rights;
are patients with chronic alcoholism or drug addiction;
Deprivation of parental rights is carried out in court.
Cases of deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, an application from the prosecutor, as well as upon applications from bodies or organizations charged with protecting the rights of minor children (guardianship and trusteeship authorities, commissions for minors, organizations for orphans and children left without parental care, and others).
If it is impossible to transfer the child to another parent or in the event of deprivation of parental rights of both parents, the child is transferred to the care of the guardianship and trusteeship authority.
Adoption of a child in the event of deprivation of parents (one of them) of parental rights is permitted no earlier than the expiration of six months from the date of the court decision on deprivation of parents (one of them) of parental rights.
Thus, you need to submit applications and complaints to the guardianship authorities, the Ombudsman for Children's Rights, so that the process of deprivation of parental rights can be initiated. You will then be able to apply for adoption.

I divorced my husband 4 years ago. We have a son, he is now 6 years old. The ex-husband does not participate in his upbringing, does not see him, does not pay alimony, although after the divorce I filed a lawsuit, and a court decision was made to pay alimony.

Last year I remarried. New husband ready to adopt a child and raise him. But the son's biological father refuses to give permission for the adoption.

What should I do? Is it possible to adopt a child while the father is alive if he does not give his consent?

Lawyer's response:

When adopting a child in the Russian Federation, it is mandatory to obtain the consent of his parents (Article 129 of the RF IC). It can be expressed in the form of a statement, which is certified by a notary, or personally by the parent during the court hearing of the adoption case.

Adoption without obtaining the consent of the biological parent (father or mother) is allowed (according to Article 130 of the RF IC) if he:

• declared dead;
• deprived of parental rights;
• declared missing;
• is incapacitated;
• does not participate in raising a child for more than 6 months.

This list of reasons is exhaustive. In Russian legislation there are no other ways to carry out an adoption without the consent of the biological parents. Since your ex-husband is not deceased, missing or incompetent, you can only use such grounds as deprivation of parental rights or non-participation in raising your son for more than 6 months.

It is worth considering that in judicial practice Quite rarely, adoption is carried out without the consent of the father only on the basis of the man’s reluctance to see or live with the child. In court it will be necessary to prove that he specifically does not want to raise his son. In such cases, fathers, as a rule, place responsibility for the lack of meetings with the child on the mother - supposedly she interferes with their communication. But it is difficult to prove the opposite. Such debates can be eliminated if we use such an argument as the father’s reluctance to pay child support.

The father's responsibility for evading the payment of alimony arises after the writ of execution has been handed over to the bailiffs. If you, as the recipient of alimony, have not contacted the bailiff service to enforce its collection, then you will not be able to take advantage in court of the fact that the debt arose and the father’s evasion from paying alimony. Exit: submit your demands to the bailiff. And, if alimony continues to not be paid, use this fact as an argument in court.

But, despite the possibility of having a child adopted by a stepfather while the father is alive without his consent by depriving him of parental rights, such cases are rare in judicial practice. Before the stepfather submits a petition to adopt the child, the father's parental rights must be terminated. And after 6 months after the deprivation, file a claim for adoption. The six-month period is regulated by clause 6 of Art. 71 IC RF. To file a claim in court, you need to prepare a package of documents confirming your statements.

Grounds for filing a claim for deprivation of parental rights:

• avoidance of parental responsibilities;
• chronic alcoholism (drug addiction);
• cruel treatment;
• abuse of rights;
• committing an intentional crime.

The list is exhaustive, but its points have a broad interpretation. Thus, evasion of duties includes malicious failure to pay alimony, and cruel treatment includes not only beatings, but also moral or psychological violence, seduction.

Deprivation of parental rights does not affect the property rights of the child. He still has the right to inherit as before the father was deprived of parental rights. But the rights of the biological father are completely terminated. In this case, the obligation to pay child support remains until the stepfather adopts the child.

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