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How long after deprivation parental rights Can I adopt a child?

Depriving parents of their rights to raise and communicate with children can be called the most severe measure used in cases of non-compliance and non-fulfillment of their duties by the mother and father.

When the judge makes the appropriate decision, the parent is deprived of absolutely all rights arising from the relationship between the parent and the child. It also excludes the possibility of a mother or father to receive certain benefits and payments, enjoy benefits, and be heirs of their children. Responsibilities for the maintenance, payment of education and treatment of the child remain.

In order to ensure a full life for the child, the question is raised about the possibility of transferring him to relatives for upbringing. When there are none, the children are placed in an appropriate institution under the guardianship of the state. In the future, the child may be placed under the guardianship of another family or adopted.

However, despite the seriousness of the decision to deprive parental rights, the parent is given time to eliminate all negative circumstances that served as the main factors for deprivation of rights. There are often situations when a mother or father is restored to their rights as a parent and has the right to fully communicate with the child again, to take part in his life and development.

The legislator has not specified a specific period for putting one’s life and lifestyle in order. However, in accordance with the norms, it can be concluded that it is at least six months from the moment the judge makes the relevant legal decision. This position was formed on the basis of the provisions of family law, which provide for the possibility of adopting children whose parents are deprived of their rights no earlier than six months have passed after the mother or father was deprived of parental rights.

Such norms of the law ensure the greatest respect for the interests of minor children, protect their rights to diversified development, quality education, preservation of mental and physical health. The greatest happiness for a child is to have loving family. First of all, relatives should become such a family, therefore the ban on the rapid adoption of such children is justified and expresses the state’s concern for every child.

Illegal failure to comply with the deadline for the adoption of children whose parents have lost their rights to them is now not so rare. Such cases become the subject of legal disputes in which the fate of the child is decided.

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The possibility of depriving a father of parental rights exists both when the father lives together with the child, and in the case when the family breaks up and the child remains with the mother.

Anton Zharov, lawyer,

Often, potential guardians and adoptive parents, having contacted the guardianship and trusteeship authority with a request to adopt or take custody of a child known to them who is in children's institution, they hear in response that this is “impossible” because the child “has no status.”

Translated into a language closer to jurisprudence, this means that the parents of a child left without parental care and located in an institution are still not deprived of parental rights.

In fact, the transfer of a child to a family (for other forms of placement, in addition to adoption) is possible at any time after the child is recognized as left without parental care (this is, perhaps, worth calling his “status”), regardless of whether or not his parents are deprived of parental rights. It is also possible to adopt a child whose parents have not been deprived of parental rights, however, it is necessary to prove in an adoption court hearing that the parents are avoiding raising the child and maintaining him, and do not live with him for more than 6 months. As a rule, for a child in an institution, the collection of evidence does not raise any questions: the courts accept certificates issued by the child care institution stating that the parents did not appear and no money is received from them for the maintenance of the child.

However, guardianship authorities often try to first deprive parents of parental rights and only then transfer the child to new family. There is a certain logic to this.

Indeed, the adoption of a child left without parental care, whose parents are deprived of parental rights, does not cause any additional questions from judges and prosecutors. However, if there are already potential adoptive parents, deprivation of parental rights to the child’s parents will only delay the adoption for another six months. In accordance with paragraph 6 of Art. 71 of the RF IC, the adoption of a child is permitted no earlier than six months from the date of the court decision on deprivation of parental rights.

That is, by demanding first to deprive parents of their rights, and only then to adopt, the guardianship and trusteeship authority puts potential adoptive parents in an “uncomfortable position”: if you have a child, you cannot adopt. No way. Even if there are other grounds established by Article 130 of the RF IC.

However, depriving the parents of a child left without parental care of parental rights is necessary.

In addition to the fact that the child is freed from possible claims of biological parents, this allows the child to be transferred to the family with greater freedom. It is also important to bring legal circumstances (deprivation of parents’ rights to a child) to actual circumstances (the child has lost parental care).

In our opinion, a claim for deprivation of parental rights should be filed by the guardianship and trusteeship authorities, or by the organization in which the child left without parental care is located. Even in cases where the child is under guardianship or trusteeship, the initiator of deprivation of parental rights should be the guardianship and trusteeship authority, as a body designed to protect the interests of the child.

Of course, it is in the interests of the child to deprive those who abandoned him, who do not provide him with adequate assistance in development, upbringing, and maintenance, despite their obligation to do so, of their rights in relation to the child.

In this case, the guardianship and trusteeship authority (or, at its direction, the organization under whose supervision the minor is) must, already at the stage of placing the child in an institution, take care of collecting evidence for the subsequent deprivation of parental rights. It is necessary to obtain a signature from parents about the need to eliminate violations of the child’s rights that led to his placement under the supervision of the organization, and after that take the child home from it.

If the child was abandoned by the mother who presented identification documents in maternity hospital, hospital or other organization, the guardianship and trusteeship authority is obliged to take measures to notify such a mother about the possible deprivation of parental rights and the need to pick up her child, and find out the reasons for such an act by the mother.

If the woman who gave birth to the child did not present identification documents and left the child, then the medical organization does not have the right to indicate the last name, first name and patronymic name it gave as the mother’s data on the medical birth certificate. In this case, the mother’s data is also not entered into the child’s birth certificate, and a certificate of abandonment is issued for the child with the obligatory indication that the mother’s data is recorded from her words and is not documented.

There is no need to deprive such a mother of parental rights, since the child’s parents are legally unknown, and he can be adopted at any time.

An undocumented mother also cannot formalize a “relinquishment of the child” (consent to adoption), since it is impossible to establish her identity, and such a refusal may not be accepted by the court. At the same time, there is no need for it, since the child of such a woman should not have an entry in the “parents” column, which means that they are legally unknown.

If the mother subsequently appears (before adoption), she must defend her rights to the child in court. If the child has already been adopted, then recognition of her as the child’s mother is possible, but due to the rules of Art. 139 of the RF IC, no other information, except that the child was adopted, can be transferred to her, and the rights and obligations in relation to blood relatives(including the mother) and, accordingly, the rights and obligations of relatives in relation to this child are terminated.

The basis for depriving the parents of a child staying in an organization for children without parental care is, as a rule, paragraph 2 of Art. 69 of the RF IC, since their parents, obviously, avoided fulfilling their duties, leaving the child to the state.

According to the norm of paragraph 3 of Art. 69 of the RF IC must be referenced if the reason why the mother (or father) refuses to take the child from the relevant organization is known.

If, before being placed in an organization for orphans, the child was subjected to cruel treatment, violence from parents, parents violated their sexual integrity, parents abused their rights (including involving their children in illegal activities), regardless of when happened, the question of deprivation of their parental rights should be raised under paragraph. 4 or 5 tbsp. 69 RF IC.

There are no questions about deprivation of parental rights under the provisions of paragraph. 6 and 7 art. 69 of the RF IC, if the parents suffer from drug addiction, alcoholism, or have committed a crime against the life or health of their children or against the life or health of their spouse. The court can obtain information about this from relevant certificates and sentences.

Despite the fact that deprivation of parental rights is a “last resort” measure of parental responsibility, its application to parents whose children are left without parental care is necessary and always justified.

Opinions among guardianship officials about the need to “put themselves in the position” of the child’s mother or father orphanage has nothing to do with the law. The law rightly puts the interests of the child first, as a moral and legal category. It is the interests of the child that determine the need to deprive parental rights of parents whose children are recognized as having lost parental care.

If there are “good reasons” why a parent can leave his child without care, then the list of them should be very, very modest. In relation to other parents, claims for deprivation of parental rights should become almost automatic as soon as their child is recognized as being left without parental care.

Hello, Anastasia.

Adopted children are considered by law equal to their relatives in their rights. Therefore, your issue can be resolved by depriving your ex-spouse of parental rights.

The Family Code of the Russian Federation will help us navigate the situation.

Article 69. Deprivation of parental rights

Parents (one of them) may be deprived of parental rights if they: evade the duties of parents, including malicious evasion of child support;

refuse, without good reason, to take their child from the maternity hospital (ward) or from another medical institution, educational institution, institution social protection the public or similar organizations; 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 or against the life or health of their spouse.

Article 70. Procedure for deprivation of parental rights

1. 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).

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

3. When considering a case of deprivation of parental rights, the court decides the issue of collecting child support from the parents (one of them) deprived of parental rights.

4. If the court, when considering a case on deprivation of parental rights, finds signs of a criminal offense in the actions of the parents (one of them), it is obliged to notify the prosecutor about this.

5. The court is obliged, within three days from the date of entry into legal force of the court decision on deprivation of parental rights, to send an extract from this court decision to the civil registry office at the place of state registration of the child’s birth.

Article 71. Consequences of deprivation of parental rights

1. Parents deprived of parental rights lose all rights based on the fact of relationship with the child in respect of whom they were deprived of parental rights, including the right to receive maintenance from him (Article 87 of this Code), as well as the right to benefits and state benefits established for citizens with children.

2. Deprivation of parental rights does not relieve parents from the obligation to support their child.

3. Question about the future cohabitation child and parents (one of them) deprived of parental rights is decided by the court in the manner established by housing legislation.

4. A child in respect of whom the parents (one of them) are deprived of parental rights retains the right of ownership of residential premises or the right to use residential premises, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receiving an inheritance.

5. 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.

6. Adoption of a child in the event of deprivation of parents (one of them) of parental rights is permitted no earlier than six months from the date of the court decision on deprivation of parents (one of them) of parental rights.

So, in order to deprive your ex-spouse of parental rights, you need to file a corresponding application with the court at his place of residence.

The application must contain at least one basis from Article 69 Family Code RF.

An application drawn up by a lawyer will increase your chances of success and shorten the time it takes to resolve the issue as much as possible (you won’t have to redo the application, which is quite common when you draw it up yourself).

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 or some of your children. The right to apply to court for deprivation of parental rights has one of the parents, guardian, trustee, 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 the Family Code, is the highest interests of the child to ensure stable and harmonious living conditions for him.

The child may be adopted. IN exceptional cases the court may decide on the adoption of 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 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 conducted 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 disease, which the adoptive parent did not know and could not know about at the time of adoption;

3) a relationship has developed between the adoptive parent and the child, 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 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 RF IC:
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, the other 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.