Adoption and deprivation of parental rights. Methodological manuals for deprived parents Deprivation of parental rights of the father with subsequent adoption

You need to know that the presence of a certificate of receipt of income, characteristics that positively describe the plaintiff, are not serious arguments. Relatives or other persons cannot file a claim if the parent himself does not want to regain his legal rights. Recovery procedure parental rights regulated by law, namely Article 72 Family Code RF. In order to be able to begin this legal process, the following conditions must be met: Restoration of parental rights is impossible if a person has not taken the path of correction and has not eliminated the reasons why he was deprived of them.

Terms of adoption after deprivation of parental rights

- evading the duties of parents, including malicious evasion of child support payments.

Usually the reasons are related to the lack of permanent legal income, addiction to drugs and alcoholism, vagrancy, but if the parent has reformed, then the legislation makes it possible to restore his legal rights.

Parents’ avoidance of fulfilling their responsibilities in raising children can be expressed in a lack of concern for their moral and physical development, education, and preparation for socially useful work; - 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 from other similar institutions; — children are treated cruelly, including physical or mental violence against them, and attacks on their sexual integrity.

Abuse of children may manifest itself not only in parents’ physical or mental violence against them or in an attack on their sexual integrity, but also in the use of unacceptable methods of education (rude, neglectful, degrading treatment of children, insult or exploitation children); - are patients with chronic alcoholism or drug addiction.

Deprivation of parental rights of mother

There is an opinion that such an extreme and tragic procedure for a family as deprivation of parental rights is most often applied only to the fathers of the child. In fact, this is far from the case.

Statistical studies have shown that a considerable proportion of the so-called “dysfunctional parents” are the mothers of the child, so the procedure for depriving maternity rights is also very common. Deprivation of parental rights is, of course, a very traumatic phenomenon, not so much for irresponsible mothers and fathers, but for the child, because separation from parents has an extremely negative impact on his psychological state.

However, this cannot become a reason not to apply forced measures provided for by law when it comes to protecting the rights and interests of the child. So, for example, if a mother refuses to pick up a child from the maternity hospital, does not give him the necessary attention, does not feed him, does not treat him, does not engage in education and upbringing - all this can serve as a reason for restricting or depriving the mother of parental rights.

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And another question: the following documents are required for adoption: 1. Application (to be filled out at the Guardianship and Trusteeship Authorities); 2. Brief autobiography; 3. Certificate from the place of employment indicating the position and salary or a copy of the income statement; 4.

A copy of the financial personal account and an extract from the house register from the place of residence or a document confirming ownership of the residential premises; 5.

Certificate from internal affairs bodies confirming no criminal record for an intentional crime against the life and health of citizens; 6.

A medical report from a state or municipal treatment and prevention institution on the health status of the person wishing to adopt a child; (valid for 3 months) 7.

Terms of restriction of parental rights

Direct terms for limiting the parental rights of the father or mother of the child are not provided for by law; there are no clear instructions on this matter either in the norms of family law or in the law that defines the procedural rules for considering the case.

A copy of the marriage certificate 8. documents confirming the right to use the residential premises 9. reference from the place of work.

Filing a claim of this kind is allowed at any time in the child’s life, and the main criterion here is based on the child’s age - the claim must be filed before the child turns eighteen years old. As a rule, the truncation of parents’ rights to raise a child is of an indefinite nature and, if the court’s decision on this issue was not canceled or changed until the child turned eighteen years old, then the restriction of rights remains until the end of the life of such a parent and the child himself.

But, since the procedure itself for limiting parents’ rights is, as a rule, a preliminary and even somewhat precautionary measure, it is rarely preserved until the child reaches adulthood in its original form.

How long after the termination of parental rights can I adopt a child?

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 care of the state. In the future, the child can 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.

RF IC, Article 71

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. 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.

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.

Terms of adoption of a child, deprivation of parental rights

Article 69 of the RF IC.

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 a maternity hospital (ward) or from another medical organization, educational institution, social welfare institution 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.

Deprivation of parental rights

The legislator has provided several ways to influence parents in order to protect the interests of minors.

The most radical and extreme measure is deprivation of parental rights. The decision to deprive parental rights is made only by the court. The prosecutor and the guardianship representative must participate in such hearings.

At the same time, they give their conclusions regarding controversial issues.

The Family Code (family law) determines that in order to begin a trial for deprivation of parental rights, it is necessary to comply with the obligations of the defendant (parent) in relation to his child, as well as the occurrence of circumstances that make it impossible to resolve the problems in any other way.

Malicious evasion of parents from fulfilling their duties (incl.

A legal fact gives rise to legal consequences. Restrictions, deprivation of parental rights are a sanction applied to the mother and father of a child if his spiritual and moral, physical development is exposed to danger due to the use by parents of illegal methods of exercising their rights to raise him. This concept includes the unlawful behavior of the father and mother, their evasion of duties. What are the consequences of deprivation of parental rights?

Consequences of deprivation of parental rights of a father or mother - loss of rights to receive benefits, benefits, and other payments

The state, depriving a father or mother of parental rights, takes this step as a last resort. First, employees of this state organization work with a family that is recognized by the guardianship authorities as dysfunctional. Parental rights may be limited. But, if the interests of the child are under threat, as is his life, the concept is formed that it is not possible to entrust the family with further upbringing.

The restriction does not apply to parents. And then the legal consequences of depriving the father or mother of parental rights arise, which by their nature are stronger than the imposed restriction. One of these consequences includes the loss of parents’ rights to receive benefits and other payments assigned to their children. But this does not mean that the child also loses a similar right: they will be paid to the person who will be handed over to raise the child in the future. But not my mother and father, who were deprived of their rights.

Concept of benefits no longer paid to parents?

  • A benefit from the state that is paid to families with many children.
  • Mother's allowance for child care up to 1.5 years.
  • Temporary disability benefits for mothers based on caring for a sick child under 1.5 years of age.

Article 87 of the RF IC exempts children who have reached the age of majority from paying their mother and father alimony obligations to parents who have been deprived of parental rights. It is logical that the legislation excludes the father and mother deprived of parental rights from the list of heirs of children.

The law establishes order by depriving parents of rights and responsibilities in relation to the child. But there is one exception, which concerns the father's obligations for his maintenance. The procedure is as follows: it does not matter whose care the child is in: co-parent, guardian, custodian, foster family, representative child care facility. These persons or the administration of the institution where the child lives permanently may file a claim against the mother or father to collect alimony from them for raising the child. The mother and father, who are deprived of their rights, also bear the obligation to participate in additional expenses for the child (RF IC, Art. 86). The same applies to parents who are subject to restrictions on parental rights.

These are the consequences of depriving the father or mother of a child of parental rights.

Question about cohabitation

If a child lives with his mother or father, who have been deprived of parental rights, the court simultaneously decides whether it is possible for them to remain in the same living space in the future. The judge's decision is based on the specific circumstances of the case under consideration, as well as on the grounds on which the residential premises were obtained.

If parents and their offspring live in residential premises that are on the balance sheet of state or municipal bodies on the basis of a warrant, then deprivation of the rights of the parents is grounds for their eviction without the provision of other residential premises. This is stated in Article 98 of the RF Housing Code. As for the restriction of rights, parents can live with the child. An identical basis applies to mothers and fathers, who are deprived of parental rights and live in residential premises owned by their child (children). This is also the reason for their eviction. If parents and a child live in a residential apartment, which is their common property, or the property of a deprived parent, he cannot be evicted from his property. This norm is imperative. But the child must be provided with separate living quarters. To do this, he moves to a parent who is not deprived of his rights, and also children left without parental care are transferred to a government institution.

Child's right of ownership to residential premises

If the child is transferred to Orphanage, he retains the rights of the owner to the premises for residential purposes, or the right to use the living space of the parent who is deprived of rights. The order is such that no one can deprive a child of his property. The impossibility of confiscating a child's property is a mandatory provision of the law.

Transferring a child into care

The law defines several concepts of transfer of a child to a family:

  • Those wishing to obtain guardianship are checked to see if they have the conditions for the child to live.
  • Children who are 10 years of age at the time of transfer are asked for consent.
  • The conditions in which the new family member lives are controlled by the guardianship authorities.
  • Children who are related by blood (brothers and sisters) are placed in the same family.

Forms of child transfer:

  • Adoption.
  • Guardianship.
  • Guardianship.

Adoption

During the adoption process, a family relationship is established between the child and his adoptive parents. They are similar to those that exist among relatives based on the fact of birth. The legal fact that serves as the basis for the emergence of these relations is a court decision. Children are adopted until the age of 18. And only those who lack parental care. This basis implies their death, as well as deprivation of parental rights. Concepts related to adoption are regulated by Ch. 19 IC RF. Family powers between a child and his parents arise from the moment the court decision enters into legal force. In practice, this happens within a month from the date the judge makes this decision. The law allows that a single unmarried citizen can adopt a child. Cancellation of adoption is allowed in Russia. This occurs due to harsh communication with the child, unworthy behavior of his adoptive parents, poor relations with him, and lack of mutual understanding.

IMPORTANT: If a citizen wants to adopt a child, he can contact the local guardianship authority.

Guardianship

The concept of guardianship (trusteeship) means the maintenance, training, education, protection of children who are left without the care of mom and dad. The concept of “guardianship”, as well as “trusteeship”, presupposes a regime for the placement of children, but is not the basis for the emergence of relationships of a related nature between citizens and them. What is the difference between these two concepts? The answer is simple: it all depends on the age of the child. Guardianship is established up to 14 years, guardianship - from 14-18. 159-FZ of 2014 speaks about this. All this happens by decision of the authorized state body - guardianship and trusteeship.

Who can be a guardian? This is a capable person of legal age. This is a citizen who leads a normal life and is not known to use drugs or alcohol. In addition, this citizen should not be deprived of the rights of a parent in relation to his own children, as well as restrictions on rights. The guardian must undergo appropriate psychological training. Guardians must:

  • Treat the child.
  • Take care of him.
  • Develop physically and spiritually.

Guardianship

By setting the age limit for guardianship at 14 years, the legislator proceeds from the fact that adolescents at this age acquire a considerable amount of legal capacity. The law adds the rights to these children:

  • management of earnings, scholarships, and other income;
  • opening deposits in financial institutions;
  • disposal of deposits opened in one’s name in banks;
  • exercise of the rights of the author of science, works of literature, art, etc.

In the age range from 14 to 18 years, a child who is under guardianship has the right, with the consent of his ward, to enter into transactions. Therefore, we can make a well-founded conclusion that a child’s guardian is his assistant in the implementation of the rights of a teenager in civil law activities.

Child's interests

The legislator has drawn up a special law dedicated to the relationship between a teenager and his guardian; in addition, the rules of the RF IC apply to this regime. In particular, No. 48-FZ of 2008 establishes that issues related to guardianship are within the powers of the guardianship authorities working in the place of residence of the child. If at the time of appointment of a guardian the child lives at his place of residence, then the guardianship authorities that work in the territory where the teenager previously lived can transfer the decision on it to another guardianship that is authorized to act at the guardian’s place of residence.

Appointing a guardian, as well as a trustee, is possible only with the consent of these persons. The law does not allow anyone to be forced to care for a child without the desire to grow and develop him. Therefore, the legislator has turned this requirement into a mandatory norm. Compulsion to fulfill the duties of a guardian or trustee cannot correspond to the interests of the child, which means that the meaning of his placement with these persons is lost. The will to take on such a responsible mission is contained in a statement that a citizen must bring to the guardianship authorities. It has already been mentioned that a child from the age of 10 can express his consent and disagreement with the candidacy of his guardian or trustee. In this way, the legislator emphasizes that he is acting primarily in the interests of the child by asking his opinion.

Conclusion

A parent who has reformed can apply for reinstatement of their rights. Restoring parental rights is not an easy process. The parent, restoring his rights, must convince the court that he has become a different person. In this case, the issue of reinstatement of rights will be resolved in his favor.

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Deprivation of rights

Hello. If they want to deprive a husband of parental rights to a child from his first marriage (there was no registry office), will he be deprived of his rights to a child from his second marriage (there is a registry office)

Zaira 07.25.2019 17:35

No, he won’t lose it. In order to deprive him of parental rights to a child from his second marriage, it is necessary to file a claim in court to deprive him of parental rights to a specific child.

25.07.2019 17:47

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I agree with my colleague.

Fedorova Lyubov Petrovna 26.07.2019 07:35

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Maternity capital of a person deprived of parental rights for her first child

Hello, I have terminated my parental rights older sister and now I am the guardian of her first child, just as now a mother deprived of parental rights can dispose of this capital and the first child is entitled to something. Thank you

Natalya 07/21/2019 14:21

Good afternoon A mother and father who are removed from raising a child lose all rights to him. Since they cannot apply for state support measures, they will not receive maternity capital upon the birth of a newborn. The Federal Law “On Additional Measures of State Support for Families with Children” states that children in respect of whom their parents were deprived of their rights or whose adoption was canceled are not taken into account when assigning social support measures. However, the law provides for the reverse procedure. Parents can restore their rights through the court if they prove that they have gotten rid of bad habits, corrected themselves and changed their behavior. All this will have to be documented. In addition, restoration of rights will be possible only after an inspection by the guardianship authorities. If the mother has been deprived of her rights, the father can receive a certificate for maternity capital, provided that he has not been removed from raising the minor. The same right arises for a man if his wife dies or is declared missing. The stepfather of the previous child cannot apply for state support measures. Also, this right is lost if the minor is recognized as being left without parental care. Consequences of deprivation of parental rights

Dubrovina Svetlana Borisovna 22.07.2019 10:59

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About deprivation of parental rights

Hello, on 07/01/19 I had a court case regarding the loss of parental rights when I have to pick up the documents

Olga 07/18/2019 16:24

Good afternoon IN within a month you have the right to appeal the court decision. Article 321. 2. An appeal or presentation may be filed within a month from the date of adoption of the court decision in final form, unless other deadlines are established by this Code. If you do not appeal, then after the expiration of a month, you can withdraw the decision that has entered into legal force.

Dubrovina Svetlana Borisovna 18.07.2019 17:22

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Olga 07/19/2019 06:36

Hello, my trial was on July 1st, now I can pick up the documents and file an appeal or is it too late

Hello! There's still time. According to Art. 321 Code of Civil Procedure of the Russian Federation a appeals or representations are filed through the court that made the decision. An appeal or presentation received directly by the appellate instance shall be sent to the court that made the decision for further action in accordance with the requirements of Article 325 of this Code.An appeal or presentation may be filed within a month from the date the court decision is made in final form, unless other deadlines are established by this Code. You can contact our company for more detailed advice by calling the phone number listed on the website. 50% discount using promo code "MIP".

Kolenskaya Svetlana Alexandrovna 19.07.2019 12:22

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Deprivation of parental rights

The mother has been deprived of parental rights to one child, but not to the second. Could this influence the second child to work under a contract in the FSO

Irina 07/16/2019 20:33

Hello! Depending on the goals pursued by a person who wants to get a job in the Federal Security Service, a list of requirements for him is determined. Thus, the following conditions are defined for contract employees: age from 18 years; presence of Russian citizenship; absence of a criminal record or fact of investigation of a crime regarding a potential employee; Previous military service or training at the FSO Academy, as well as those equivalent to it educational institutions; positive test results for the ability to serve in the system structure; absence of medical and other prohibitions for military service. As for relatives, a criminal record of relatives may be an obstacle to entering the service; deprivation of parental rights is not such.

Yurenev Vitaly Anatolievich 17.07.2019 13:51

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This is true.

Kolpakova Galina Yurievna 18.07.2019 12:31

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Deprivation of birth rights

Good afternoon. I have common law husband from Belarus. He has a daughter there. Who lives with his mother-in-law and since he does not have the opportunity to go there often, his mother-in-law wants to change his parental rights. And his son has a job in Russia. Can he be deported from Russia and what should we do better? There is a suspicion that the daughter is not his own. And he closed his eyes to it. What to do

Tatyana 07/08/2019 09:43

Hello! The grounds for deportation may be: illegal entry of foreigners (fake documents, illegal border crossing); violation of the rules of stay in the country (violation of the visa regime and residence permit regime); loss or termination of legal grounds for further stay in the country (overstayed visa). Deprivation of parental rights is not grounds for deportation. If the child is not your own, you need to go to court to challenge paternity.

Boguslavskaya Anna Vladimirovna 09.07.2019 16:53

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Yes that's right.

Dubrovina Svetlana Borisovna 10.07.2019 13:32

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Obtaining housing for the person under guardianship.

Hello, I am 19 years old and I am a ward. I am assigned housing in which I am registered with my mother, who has been deprived of parental rights. What needs to be done to declare it unsuitable to live with her and get on the waiting list for housing at the place of study and temporary registration?

Ilya 07/03/2019 12:31

In accordance with Art. 8 of the Federal Law of December 21, 1996 N 159-FZ “On additional guarantees for social support orphans and children left without parental care" to orphans and children left without parental care, persons from among orphans and children left without parental care who are not tenants of residential premises under social tenancy agreements or members of the tenant's family residential premises under a social tenancy agreement or the owners of residential premises, as well as orphans and children without parental care, persons from among orphans and children without parental care who are tenants of residential premises under social tenancy agreements or family members the tenant of residential premises under a social tenancy agreement or the owners of residential premises, if their residence in previously occupied residential premises is recognized as impossible, by the executive authority of the subject Russian Federation, on the territory of which the place of residence of these persons is located, in the manner established by the legislation of this subject of the Russian Federation, comfortable residential premises of a specialized housing stock are provided once under contracts for the rental of specialized residential premises.

At the same time, the residence of orphans and children left without parental care, persons from among orphans and children left without parental care, in previously occupied residential premises, by tenants or family members of tenants under social tenancy agreements or of which they are the owners, is recognized as impossible if this contradicts the interests of these persons due to the presence of one of the following circumstances:

1) residence on any legal basis in such residential premises of persons:

deprived of parental rights in relation to these orphans and children left without parental care, persons from among orphans and children left without parental care (if there is a court decision that has entered into legal force to refuse the forced exchange of residential premises in accordance with part 3 Article 72 of the Housing Code of the Russian Federation);

suffering from a severe form of chronic diseases in accordance with the list specified in paragraph 4 of part 1 of Article 51 of the Housing Code of the Russian Federation, in which Cohabitation it is impossible to live with them in the same living space;

2) residential premises are unsuitable for permanent residence or do not meet the sanitary and technical rules and regulations established for residential premises, or other requirements of the legislation of the Russian Federation;

3) the total area of ​​the residential premises per person living in this residential premises is less than the accounting norm for the area of ​​​​the residential premises, including if such a decrease occurs as a result of orphans and children left without parental care moving into this residential premises, persons from among orphans and children left without parental care;

4) other circumstance established by the legislation of the constituent entity of the Russian Federation.

Thus, if your home is found unsuitable for permanent residence (clause 2), then you will have the right to receive housing.

Saibotalov Vadim Vladimirovich 03.07.2019 14:17

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I agree with my colleague.

Fedorova Lyubov Petrovna 04.07.2019 09:20

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Communication between a ward child and a mother deprived of parental rights

Hello, I’m 16 and my mother will soon be restored to parental rights, we communicate well. Is it possible to visit her for the summer?

Diana 06.28.2019 12:16

According to Art. 72 RF IC Restoration of parental rights

1. Parents (one of them) can be restored to parental rights in cases where they have changed their behavior, lifestyle and (or) attitude towards raising a child.

2. Restoration of parental rights is carried out in court at the request of a parent deprived of parental rights. Cases on restoration of parental rights are considered with the participation of the guardianship and trusteeship authority, as well as the prosecutor.

3. Simultaneously with the application of the parents (one of them) for restoration of parental rights, a request for the return of the child to the parents (one of them) may be considered.

4. The court has the right, taking into account the opinion of the child, to refuse to satisfy the claim of the parents (one of them) for restoration of parental rights, if restoration of parental rights is contrary to the interests of the child.

Restoration of parental rights in relation to a child who has reached the age of ten years is possible only with his consent.

Restoration of parental rights is not allowed if the child is adopted and the adoption has not been canceled (of this Code).

5. Within three days from the date of entry into legal force of the court decision on the restoration of parental rights, the court sends an extract from such a court decision to the civil registry office at the place of state registration of the child’s birth, and in the case of state registration of the child’s birth, the multifunctional center for providing state and municipal services - to the multifunctional center for the provision of state and municipal services at the place of state registration of the child’s birth to inform the civil registry office in which the corresponding birth certificate is stored.

After your mother is restored to parental rights, all her rights as a mother will be restored and you can communicate with her and live together.

Saibotalov Vadim Vladimirovich 02.07.2019 11:53

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I agree with my colleague.

Fedorova Lyubov Petrovna 03.07.2019 08:10

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Deprivation of parental rights

Good evening I would like to know I am 16 years old, in a couple of months I will be 17 And I want to deprive my “mother” of parental rights. I addressed this issue to guardianship, but because... my mother communicates closely with the head of guardianship and trusteeship, the guardianship refused to help me, saying that there are no good reasons for this. Can I go to court and file a claim for deprivation of parental rights myself?

Anastasia 05/30/2019 22:38

According to Article 69 of the Family Code of the Russian Federation, 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 a maternity hospital (ward) or from another medical organization, educational organization, social service organization 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, 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.

The circle of persons, based on whose applications the court considers cases of deprivation of parental rights, is defined in paragraph 1 of Art. 70 of the RF IC - one of the parents, regardless of whether he lives with the child; — persons replacing parents: adoptive parents, guardians, trustees, foster parents; prosecutor; - a body or organization entrusted with the responsibilities of protecting the rights of minor children (guardianship and trusteeship authorities, commissions for minors, organizations for orphans and children left without parental care: children's homes, boarding schools, orphanages, homes for the disabled , social rehabilitation centers for minors, assistance centers for children without parental care, territorial centers social assistance family and children, social shelters for children and adolescents, boarding schools for children with physical disabilities, etc.). If the guardianship authority refuses to submit a corresponding application to the court, then it is necessary to contact the guardianship authority and the prosecutor's office in writing and initiate this case.

Saibotalov Vadim Vladimirovich 30.05.2019 22:44

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I agree with my colleague.

Fedorova Lyubov Petrovna 31.05.2019 12:40

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Deprivation of parental rights

Hello, if my wife is being deprived of parental rights to my step-brother son, how will this affect our three daughters together?

Sergey 05.15.2019 18:11

Good afternoon

Article 69 of the Family Code of the Russian Federation establishes the grounds upon which a citizen may be deprived of his rights by a court decision. Contact Judicial authority an application for deprivation of parental rights is possible in the event of: evasion of parental responsibilities; malicious evasion of alimony obligations; refusal to pick up a child from a maternity hospital or other medical, social, educational organization without good reason; abuse of parental rights (involvement in activities that violate the law or an obstacle to education); cruel treatment of a minor; committing a crime against a child, other parent or other family members; confirmed alcohol or drug addiction. If one parent is deprived of his rights, the child will remain in the care of the second. When both parents lose their parental rights, the minor is temporarily placed in a special institution until relatives obtain guardianship over him.

Most parents who have lost their rights to a child suffer morally and experience remorse. In addition, deprivation entails legal and social consequences. The material and legal benefits that were previously provided to the parent of a minor from the moment of deprivation of rights cease to apply. According to Art. 71 of the RF IC, for a father or mother who has lost parental rights, restrictions are imposed on: Participation in upbringing. Communication with a minor. Claiming child support in old age. Application of tax and labor benefits. Receiving child benefits. The right to inherit the child's property. Living with a minor in the same living space.

These legal consequences relate to relations with specific child and do not apply to other children until a corresponding decision is made to limit or deprive parental rights in relation to them. However, this family will most likely be registered with the guardianship and trusteeship authorities.

Saibotalov Vadim Vladimirovich 01.06.2019 14:55

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Time to meet your child

Hello! I work as a teacher, there is a child in the group, the parents are divorced. There is a court decision that determines the time of the father’s meeting with the child (Tuesday, Thursday from 16:00). The father is not deprived of parental rights. Does the father have the right to pick up his child from kindergarten earlier, at 15:30 for example? He is not deprived of parental rights. Or am I, as a teacher, obliged to strictly observe the time regulations and should not send my child before 16:00?

Olga 04/13/2019 08:08

Good afternoon You are obliged to strictly adhere to the time regulations.

Dubrovina Svetlana Borisovna 22.05.2019 14:04

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Mom is deprived of parental rights. Maternal capital remains in her use or goes to the children for their education. Children are 9 and 13 years old.

Mom is deprived of parental rights. Maternal capital remains in her use or goes to her father?

Irina 04/04/2019 13:29

Location

If parents are deprived of parental rights when their child is 15 years old, the father owns two apartments, the child is taken into custody, and upon reaching 18 years of age the child will be provided with housing. area from the state?

Augustine 03/24/2019 21:08

Debts

I was under the care of my aunt. Mom has been deprived of her birth rights. Now my mother has died. Should I pay her loan debts? I am now 28 years old

Lyuba 03/18/2019 13:54

Good afternoon You are not required to pay loan debts. You are not included in the loan agreements. Children are not required to pay their parents' debts.

Dubrovina Svetlana Borisovna 23.03.2019 11:34

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What to do in this situation

I am the eldest son, I am 24 years old, I live alone, my mother has 2 more sons, she does not know how to handle her sons, she beats her, she does not have any living conditions in the apartment. I want to take the children away from her, what should I do in this situation, it’s just that she won’t give them to me!

Maxim 03/12/2019 21:30

Hello! You need to contact the guardianship and trusteeship authorities. If you have decent living conditions and a stable income, most likely they will leave your children with you. You can contact our company by phone listed on the website. 50% discount using promo code "MIP".

Kindin Andrey Sergeevich 13.03.2019 12:41

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Korolev Ilya Vladimirovich 14.03.2019 14:27

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Deprivation of parental rights.

Good evening! They want to deprive my husband of parental rights in relation to the child from his first marriage, will this affect our daughter together?

Yana 03/12/2019 21:18

Hello! If he is deprived of parental rights to one child, then to another child this fact won't have any effect.

Smirnova Tatyana Mikhailovna 13.03.2019 12:44

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This is true.

Martynov Roman Valerievich 14.03.2019 16:31

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Housing for orphans

Two children, 19 and 21 years old. The father died, the mother was deprived of parental rights in 2013, her husband is registered with a norcologist and psychologist, constantly drinking, fighting, and the police. Their joint son (10 years old) was recently adopted by another family. The guardianship authorities and the city administration commission refuse separate housing for children, arguing that they have 1/5 share in a two-room apartment, and as protecting the rights of orphans. I contacted the Ministry of Social Protection of the Perm Territory, why don’t the guardianship authorities take into account that the family is dysfunctional, how can I prove with a certificate how many calls to the police were made at their place of residence, what to do??? (Thank you).

Nikolay 02/21/2019 19:54

Dubrovina Svetlana Borisovna 07.03.2019 14:33

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Arman 03/25/2019 18:31

Hello. my ex-wife deprived of parental rights. The youngest son was sent to an orphanage. The eldest son lives with me. Can I take my youngest son from the shelter? And am I entitled to any benefits from the state, as a single father? Thank you.

Dubrovina Svetlana Borisovna 04.04.2019 06:49

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I agree with my colleague.

Zakharova Elena Alexandrovna 08.03.2019 10:00

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It is possible for the father to live after he was deprived of his rights, but the mother does not have joint residence.

Is it possible for a father who has been deprived of his parental rights to live in the family?

Sergey 02/06/2019 05:25

Good afternoon
If parents and children live in residential premises that belong to them by right of ownership, or the owner of the residential premises is the parent himself, deprived of parental rights, the law does not provide for deprivation of parental rights as a basis for termination of the parent’s ownership right to residential premises, i.e. . Such a parent cannot be evicted from the living quarters. At the same time, if it is determined that it is not possible for the child to live together with the parent deprived of parental rights, the child moves to live either with the second parent if the child’s parents live separately, or with a guardian (trustee).
If a parent deprived of parental rights lives in residential premises owned by another parent or the child himself, then the rules of Part 4 of Art. 31 of the RF Housing Code, according to which in case of termination family relations with the owner of a residential premises, the right to use this residential premises for a former family member of the owner of this residential premises is not retained, unless otherwise established by an agreement between the owner and the former member of his family.

The child's mother died. A procedure is underway to restrict the father's rights (with the goal of further depriving him of parental rights). At the same time, the child (4 years old) has an adult brother who wants to get custody of him. Will the child be left with his brother? Is there a danger in placing a child in an orphanage (even for a few days)?

Irina 12/16/2018 17:18

Hello! To be a guardian, a brother must meet the requirements provided for in Art. 146 RF IC. According to Art. 10 of the Federal Law "On Guardianship and Trusteeship" grandparents, parents, spouses, adult children, adult grandchildren, brothers and sisters of an adult ward, as well as grandparents, adult brothers and sisters of a minor ward have a priority right to be his guardians or trustees over everyone by other persons. While the paperwork process is going on, the child may be in an orphanage. We invite you to our office for a consultation, where our specialists will answer all your questions in more detail. For a 50 percent discount on a consultation - Promo code - "MIP".

Karpov Mikhail Viktorovich 17.12.2018 14:36

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Come for a consultation, we will help you

Karpov Mikhail Viktorovich 18.12.2018 13:16

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living space

Do I have rights to part of the living space of my mother, who has been deprived of parental rights, if I am on the waiting list for an apartment?

Andrey 03.12.2018 18:51

Good afternoon Yes, you have the right to living space. In accordance with Article 8 of the Federal Law of December 21, 1996 N 159-FZ “On additional guarantees for social support for orphans and children without parental care” for orphans and children without parental care, persons among children - orphans and children left without parental care who are not tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement or owners of residential premises, as well as orphans and children left without parental care, persons from the number of orphans and children left without parental care who are tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement or owners of residential premises, if their residence in previously occupied residential premises is considered impossible, The executive body of the constituent entity of the Russian Federation, on whose territory the place of residence of these persons is located, in the manner established by the legislation of this constituent entity of the Russian Federation, provides one-time comfortable residential premises of a specialized housing stock under lease agreements for specialized residential premises. Your situation should be considered according to the documents in the office..ru

Hello, the question is this: my parents were deprived of parental rights in 2007, we were sent to a distribution orphanage, after we asked to live with our parents, but our parents never cleared up our parents’ rights, I am now 28 years old and my brothers are 24 years old and we were going to legalize the land for ourselves, but as it turned out that the land belongs to the state since 2008 and we are not given permission to legalize the house and land, although we are registered there and my father was born there, but the reason is that the house burned in 2011 and the documents also burned, what should we do, please help us

Good afternoon

Article 1153 of the Civil Code of the Russian Federation - actual accession is the inheritance by successors of the property of a deceased relative without contacting a notary for the purpose of obtaining a certificate.

In fact, after death, the heir does not register the inheritance, but takes certain actions towards the inheritance mass. This form of entry is relevant if there is one applicant or several, if there are no disputes about the division between them.

Having actually accepted the inheritance under the Civil Code of the Russian Federation, the receiver can use the property of the deceased for an unlimited period of time. However, the actions of the successor in relation to the property of the testator must be carried out within 6 months from the date of his death.

Establishing the fact of inheritance

According to the rules established by Article 1153 of the Civil Code, the receiver must confirm the actual inheritance when such a need arises. Eg, close relative the deceased may use the abandoned property for an unlimited time, but without the right to dispose of it. This indicates the impossibility of registering possessions in favor of the candidate, and, consequently, of carrying out transactions.

To obtain ownership rights in relation to an inheritance, you must have a certificate of inheritance in hand. Its registration is handled by a notary office. But in order to receive this document, it is necessary to establish the fact of inheritance. This can be done based on certain actions of the receiver within six months after the death of the testator:

Use, disposal and maintenance of inherited property.

Incurring financial expenses associated with ensuring the safety of property.

Payment of debt obligations of the deceased, collection of obligations in his favor.

The recipient can apply for a certificate at any time by proving to a notary or court the actions performed.

Registration of a certificate of inheritance

So, how to confirm the actual entry and formalize ownership rights to the property of a deceased relative. The applicant can apply to a notary or to the court with a statement of claim to establish the fact of acceptance.

The first instance when obtaining inheritance rights is the notary's office. The applicant must prepare all the necessary documents:

Death certificate of the testator.

Application for acceptance of inheritance.

A will or documents proving family ties to the deceased.

The decedent's title to his property.

Evidence of actions indicating the fact of acceptance.

If there is strong evidence that is drawn up according to legal standards, the notary will issue documents on the right to inheritance. However, in the absence of evidence of actual entry, the receiver can restore his rights to the property only in court. Actual entry can be proven by the presence of:

Extracts from the registration authority about the presence of registration in the territory of the testator.

Receipts and checks for repayment of the deceased’s debts on taxes and other obligations.

Checks, contracts and receipts indicating expenses for maintaining the property.

You can establish the fact of entry if you have receipts for payment of utilities and taxes. This can also be done on the basis of receipts for the purchase of goods and services in order to maintain the condition of the property or improve it.
In your case, this circumstance must be proven in court, since there is a new owner

Fedorova Lyubov Petrovna 19.06.2019 19:18

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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 restriction 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 who has been 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 an 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 institution where the child is located.

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.

Parents or one of the parents cannot simply, on their own initiative, renounce parental rights and responsibilities regarding upbringing and maintenance own child. When formalizing maternity and paternity through legal means, parents undertake to raise and educate the child, as well as support him until adulthood.

If the mother or father does not fulfill their obligations to raise the children, then they may be deprived of parental rights or they may consent to the adoption and thus lose their legal connection with their child.

What is deprivation of parental rights

The father and mother of the child have a number of rights and obligations, which are regulated in Art. 63 RF IC. If the parent(s) do not fulfill their responsibilities, then the question of depriving them of their rights to the child may arise.

Deprivation of parents' rights to a child is an extreme measure that is used if parents or one of the parents does not fulfill their obligations to raise and/or support the child. Deprivation of rights occurs on the grounds specified in Art. 69 RF IC. All reasons for deprivation of parental rights are indicated only in this article and there cannot be any additional grounds. In addition, termination of parental rights does not mean that the parent will be freed from the obligation to support the child. On the contrary, the obligation to support the child is not removed from him, even if he does not have any contact with his son or daughter.

In general, the following actions indicate the actual abandonment of a child:

  • refusal of the mother or father of the newborn in the maternity hospital. If the mother does not pick up the baby in the maternity hospital, then this fact must be confirmed by a corresponding statement. Such a document indicates that the child will be transferred to a state institution for upbringing;
  • systematic failure to fulfill one’s responsibilities regarding the upbringing of a child. This also includes failure to fulfill alimony obligations.

Important: in case of abandonment of the child in the maternity hospital, parental rights are retained for another 6 months after filing the application.

There are also other grounds for deprivation of parental rights:

  1. committing a criminal offense against a child, as well as against the child’s father and other family members, provided that there is an appropriate court decision;
  2. if the father or mother abuses alcohol and drugs (this fact is confirmed by a medical report);
  3. parents abuse their rights. This may involve inducing a child to begging, vagrancy, getting hooked on drugs, alcohol, etc.;
  4. child abuse, physical or psychological pressure.

Procedure for deprivation of parental rights

As it becomes clear - You cannot independently renounce parental rights and responsibilities: deprivation of parental rights is carried out exclusively in court; the father or mother of the child cannot be deprived of rights by other bodies or authorities. The court makes a decision to deprive one/both parents of the rights to the child only taking into account the interests of the child. A child 10 years of age or older should be asked for an opinion on this matter, but the court itself makes the decision to deprive parents of rights based on all the circumstances of the case. Therefore, if a child, for example, says that he approves of the deprivation of his father’s rights, this does not mean that the father will actually be deprived of parental rights.

First of all, the other parent can file a claim for deprivation of the rights of the father or mother. If he is not there or he has also previously been deprived of parental rights, then other close relatives of the child, guardians, prosecutor, trustees, representatives of orphanages, boarding schools, etc. can.

In a claim for deprivation of parental rights, it is necessary to substantiate your position: indicate how the parent’s guilty behavior towards the child is manifested. All stated facts must be supported by evidence. Evidence may include witness statements, video recordings, and other information. If, for example, a parent suffers from drug addiction, then it is necessary to provide a certificate from a drug treatment clinic.

Legal consequences of deprivation of parental rights

If the court decides to deprive parental rights, then for the mother or father this means that he loses his authority to raise and represent the interests of the child. Moreover, the parent will lose all benefits provided to him for the child. Thus, a father or mother loses the right to leave to care for a child up to 3 years of age, to additional leaves; they cannot be provided with a part-time working week or part-time work, like employees with children.

Deprivation of parental rights also plays an important role in the case of So, parents who were deprived of their rights and at the time of opening of the inheritance their rights were not restored cannot be heirs after their children. But if their rights were restored during the child’s lifetime, then there will be no restrictions on inheritance. For a child, nothing changes during inheritance; he is considered an heir, even if one or both parents were deprived of parental rights. Other property rights, for example, the right to use previously occupied premises, are retained.

If rights are deprived, the housing issue may also become acute. If it is determined that it is not possible for a parent deprived of rights to live with a child, then such a parent may be evicted from the occupied home. Or, by decision of the guardianship and trusteeship authority, the issue of transferring the child to adoptive parents, an orphanage, etc. is decided.

However, the parent. Payments for the child must be transferred to the second parent, and in his absence, to the guardian, trustee, or adoptive parents.

Adoption of a child whose parents have been deprived of parental rights

To ensure that the father or mother does not have not only rights, but also responsibilities regarding the child, it is necessary to give consent to the adoption of the child. After the adoption procedure, the legal connection between the parent and the child will be completely lost. Such consent must be given in writing; this document must be certified by a notary or the head of the educational institution where the child resides.

If parents have previously been deprived of parental rights, then on the basis of Art. 130 of the RF IC does not require their consent. However, without the consent of the biological parents who are deprived of the rights to the child, adoption can only be carried out after 6 months from the date of the court decision on deprivation of the rights of the mother or father.

It is not necessary to obtain the consent of biological parents for adoption in the following cases:

  • the parent has been declared completely incompetent by the court;
  • the location of the parent(s) is unknown;
  • For more than six months, parents do not raise or live with the child for unjustified reasons. The court determines whether such reasons are respectable or not in each individual situation.

How to give consent to adopt a child

The law does not provide a deadline for when parents can apply to adopt their children. However, as practice shows, more often this happens immediately after the birth of the child. A parent(s) can revoke their consent only before a court decision on adoption is made. IN exceptional case consent to adoption can be given orally, provided that this occurs directly in court when considering the adoption case.

If the child’s parents are under 16 years of age, then the child’s abandonment must be confirmed by the parents or guardians of the mother or father. This rule was introduced because minor parents are not considered fully capable.

Consent can be given indicating the specific person(s) to whom the child will be given for adoption, or you can simply write a general consent that the child can be adopted, without specifying specific citizens.

Next, the completed application must be taken to a notary (you can contact any office). The head of the institution where the child was left can also certify the consent of the parents. If the child does not have parents, then the certification can be carried out by representatives of the guardianship and trusteeship authorities (at the place of residence or adoption of the child).

Until the court decision on adoption enters into legal force, the responsibility for maintaining the child rests with the parents. After the decision gains force, the responsibility for maintaining the child passes to the adoptive parents. Other rights and obligations regarding the adopted child are also lost from the biological parent.

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, 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.




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