Parents or one of the parents cannot simply on their own initiative refuse parental rights and responsibilities regarding the upbringing and maintenance own child. When legally registering maternity and paternity, parents undertake to engage in the upbringing, education of the child, and also support him until adulthood.

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

What is termination 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 (parents) do not fulfill their duties, then the question of their deprivation of the rights to the child may arise.

Deprivation of parental rights to a child is an extreme measure that is applied if the 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 can be no additional grounds. In addition, the termination of parental rights does not mean at all that the parent will be able to be released 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 testify to the actual abandonment of the child:

refusal of a mother or father from a newborn in the hospital. If the mother does not pick up the baby in the maternity hospital, then this fact must be confirmed by an appropriate statement. Such a document indicates that the child will be transferred for upbringing in a state institution;
systematic failure to fulfill their duties regarding the upbringing of the child. This also includes non-fulfillment of maintenance obligations.

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

There are also other grounds for deprivation of parental rights:

committing a criminal offense against the child, as well as against the father of the child, other family members, provided that there is an appropriate court decision;
if the father or mother abuses alcohol and drugs (this fact is confirmed by a medical report);
parents abuse their rights. This may consist in inciting the child to begging, vagrancy, addicting to drugs, alcohol, etc .;
child abuse, physical or psychological pressure.

Procedure for deprivation of parental rights

As it becomes clear It is impossible to independently renounce parental rights and obligations: 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 instances. 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 of 10 years or more should be asked for an opinion on this matter, however, the decision to deprive the rights of parents is made by the court based on all the circumstances of the case. Therefore, if a child, for example, says that he approves of the deprivation of the father's rights, this does not mean that the father will really 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 been previously deprived of parental rights, then other close relatives of the child, guardians, a 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 what the guilty behavior of the parent in relation to the child is manifested in. All facts stated must be supported by evidence. The testimony of witnesses, video recordings, and other information can serve as evidence. If, for example, the parent is addicted to drugs, then a certificate from the narcological dispensary must be provided.

Legal consequences in case of deprivation of parental rights

If the court decides to terminate 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 the benefits provided to him for the child. So, a father or mother loses the right to leave to care for a child under 3 years old, to additional holidays, they cannot be granted incomplete work week or part-time, as workers with children.

Deprivation of parental rights plays important role and under So, parents who were deprived of their rights and at the time of the opening of the inheritance in their rights were not restored, cannot be heirs after their children. But if their rights were restored during the life of the child, 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 have been deprived of parental rights. Other property rights, for example, the right to use the previously occupied premises, are retained.

With the deprivation of rights, the housing issue can also become acute. If it is determined that it is not possible for the disenfranchised parent to live with the child, then such parent may be evicted from the occupied dwelling. Or, by decision of the guardianship and guardianship authority, the issue of transferring the child to adoptive parents is decided, Orphanage etc.

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

Adoption of a child whose parents are deprived of parental rights

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

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

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

the parent is recognized by the court as completely incompetent;
the location of the parent(s) is unknown;
for more than six months, parents do not bring up and do not live with the child for disrespectful reasons. The validity or invalidity of such reasons, the court establishes in each individual situation.

How to consent to the adoption of a child

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

If the parents of the child 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 due to the fact that minor parents are not considered fully capable.

Consent can be given indicating a specific person (persons) 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.

Further, the completed application must be referred 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 representatives of the guardianship and guardianship authorities (at the place of residence or adoption of the child) can carry out certification.

Until the entry into force of a court decision on adoption, the obligation to support the child rests with the parents. After the decision takes effect, the responsibility for the maintenance of the child passes to the adoptive parents. Other rights and obligations regarding the child who is adopted are also lost from the biological parent.

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

I remarried last year. new husband ready to adopt a child, raise him. But the biological father of the son refuses to give permission for adoption.

How to be? Is it possible to adopt a child with a living father if he does not give his consent to this?

Lawyer's response:

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

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

declared dead;
deprived of parental rights;
recognized as missing;
is incompetent;
does not participate in the upbringing of the child for more than 6 months.

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

It should be taken into account that in judicial practice quite rarely, adoption is carried out without the consent of the father only on the basis of the unwillingness of the man to see or live with the child. In court, it will be necessary to prove that he does not want to raise his son. In such cases, fathers, as a rule, lay the responsibility for the lack of meetings with the child on the mother - allegedly, she prevents their communication. And it's hard to prove otherwise. Such a debate can be excluded if you use such an argument as the unwillingness of the father to pay alimony.

The responsibility of the father for evading the payment of alimony arises after the writ of execution has been handed over to the bailiffs. If you, as the recipient of alimony, did not apply to the bailiff service to enforce their collection, then you will not be able to take advantage of the fact that the debt has arisen and the father evaded paying alimony in court. Output: state the requirements of the bailiff. And, if alimony is still not paid, use this fact as an argument in court.

But, despite the possibility of adopting a child by a stepfather with a living father without his consent by depriving him of parental rights, such cases are rare in judicial practice. Before the stepfather submits an application for adoption of a child, it is necessary to deprive the parental rights of the father. And after 6 months after the deprivation - file a lawsuit for adoption. The six-month period is regulated by paragraph 6 of Art. 71 RF IC. To file a lawsuit in court, you need to prepare a package of documents confirming your statements.

Grounds for accepting a claim for deprivation of parental rights:

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

The list is exhaustive, but its points have a broad interpretation. Thus, malicious non-payment of alimony falls under evasion from the performance of duties, and cruel treatment includes not only beatings, but also moral or psychological violence, seduction.

Deprivation of parental rights does not affect the property rights of the child. He still has the right to inherit, as before the deprivation of his father's parental rights. But the rights of the biological father are completely terminated. At the same time, the obligation to pay alimony remains until the adoption of the child by the stepfather.

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Reply from 06.11.2014 18:24

Article 69 of the RF IC. Deprivation of parental rights
Parents (one of them) may be deprived of parental rights if they:
evade the fulfillment of the duties of parents, including in the case of malicious evasion from the payment of alimony;
refuse without good reason to take their child from a maternity hospital (department) or from another medical organization, educational institution, institution social protection population or from similar organizations;
abuse their parental rights;
mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability;
are patients with chronic alcoholism or drug addiction;
have committed an intentional crime against the life or health of their children or against the life or health of their spouse.

Article 70 of the RF IC. The procedure for deprivation of parental rights
1. Deprivation of parental rights is carried out in a judicial proceeding.
Cases on deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, the application of the prosecutor, as well as on the applications of bodies or organizations that are responsible for protecting the rights of minor children (guardianship and guardianship authorities, commissions for minors, organizations for orphans and children left without parental care, and others).
2. Cases on deprivation of parental rights are considered with the participation of the prosecutor and the body of guardianship and guardianship.
3. When considering a case on deprivation of parental rights, the court decides on the recovery of alimony for the child 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 criminally punishable act 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 force of the court decision on the 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 birth of the child.

Article 71 of the RF IC. Consequences of deprivation of parental rights
1. Parents deprived of parental rights lose all rights based on the fact of kinship 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 release 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 prescribed by housing legislation.
4. A child in respect of whom the parents (one of them) have been deprived of parental rights shall retain the right of ownership to the living quarters or the right to use the living quarters, as well as retain 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 case of deprivation of parental rights of both parents, the child is transferred to the custody of the guardianship and guardianship authority.
6. Adoption of a child in case of deprivation of parents (one of them) of parental rights is allowed not earlier than six months from the date of the court decision on deprivation of parents (one of them) of parental rights.

Article 72 of the RF IC. Restoration of parental rights
1. Parents (one of them) can be reinstated in parental rights in cases where they have changed their behavior, lifestyle and (or) attitude to 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 the restoration of parental rights are considered with the participation of the guardianship and guardianship authority, as well as the prosecutor.
3. Simultaneously with the application of the parents (one of them) for the restoration of parental rights, the 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 the restoration of parental rights, if it contradicts 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 is not canceled (Article 140 of this Code).
5. Within three days from the date of entry into 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 birth of the child.

Article 73 of the RF IC. Restriction of parental rights
1. The court may, taking into account the interests of the child, decide to take the child away from the parents (one of them) without depriving them of parental rights (restriction of parental rights).
2. Restriction of parental rights is allowed if leaving a child with parents (one of them) is dangerous for the child due to circumstances beyond the control of the parents (one of them) (mental disorder or other chronic illness, a combination of difficult circumstances, and others).
Restriction of parental rights is also allowed in cases where leaving a child with parents (one of them) due to their behavior is dangerous for the child, but sufficient grounds have not been established for depriving the parents (one of them) of parental rights. If the parents (one of them) do not change their behavior, the guardianship and guardianship authority, six months after the court has issued a decision to restrict parental rights, is obliged to present. In the interests of the child, the guardianship and guardianship body has the right to file a claim for the deprivation of the parents (one of them) of parental rights before the expiration of this period.
3. A claim for restriction of parental rights may be filed by the child's close relatives, bodies and organizations entrusted by law with the duty to protect the rights of minor children (paragraph 1 of Article 70 of this Code), preschool educational organizations, general educational organizations and other organizations, as well as the prosecutor .
4. Cases on restriction of parental rights are considered with the participation of the prosecutor and the body of guardianship and guardianship.
5. When considering a case on restriction of parental rights, the court decides on the recovery of alimony for the child from the parents (one of them).
6. The court is obliged, within three days from the date of entry into force of the court decision on the restriction of parental rights, to send an extract from such a court decision to the civil registry office at the place of state registration of the birth of the child.

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Adopt a child and deprive the biological father of parental rights

Good afternoon. I married a woman, she has a child from her first marriage, a former one and does not participate in the life of the child in any way. Is it possible to deprive him of parental rights and make me officially the father of the child?

Lawyers Answers

Kalaitan Elvira Vladimirovna(08/17/2018 at 13:21:57)

Article 129. Consent of parents to the adoption of a child

1. For the adoption of a child, the consent of his parents is required. When adopting a child of minor parents who have not reached 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 guardianship authority.

The consent of the parents to the adoption of a child must be expressed in a statement notarized or certified by the head of the organization in which the child is left without parental care, or by the guardianship and guardianship authority at the place of adoption of the child or at the place of residence of the parents, and can also be expressed directly in court during the adoption.

If the biological father refuses to give consent to the adoption of his child, then in accordance with paragraph 6 of Art. 71 and Art. 130 family code RF after 6 months from the date of deprivation of his parental rights, his opinion will not be taken into account by the court.

Article 71. Consequences of deprivation of parental rights

6. Adoption of a child in the event of deprivation of parents (one of them) of parental rights is allowed not earlier than six months from the date of the decision to deprive parents (one of them) of parental rights.

Article 130. Adoption of a child without parental consent

The consent of the child's parents for adoption is not required if they:

deprived of parental rights by the court (subject to the requirements of paragraph 6 of Article 71 of this Code);

The facts you describe () and non-participation in raising a child in accordance with paragraph 1 of Art. 69 of the Family Code of the Russian Federation is sufficient to deprive him of parental rights. However, you need to understand that deprivation of parental rights is an extreme measure that is applied in case of guilty behavior of parents, you will need to provide documents confirming the malicious evasion of alimony (certificate of the amount of debt from bailiffs and possibly bringing the payer to administrative or criminal liability for non-payment of alimony) and non-participation in upbringing (certificates from educational and medical organizations visited by the child, which will show that the father of the child did not come with the child or himself and was not interested in the health, success, academic performance and development of the child, and also does not accept participation in his life).

Article 69. Deprivation of parental rights

evade the fulfillment of the duties of parents, including in the case of malicious evasion from the payment of alimony;

You should contact the guardianship and guardianship authorities at the place of residence of the child and they will explain in detail to you both procedures (both adoption and deprivation of parental rights of the biological parent).

Please put "+" and leave a review.

Oleg Eduardovich(08/18/2018 at 07:35:23)

Good afternoon.

The grounds for deprivation of parental rights are listed in the Family Code of the Russian Federation. Here they are:

Article 69. Deprivation of parental rights

Parents (one of them) may be deprived of parental rights if they:

Avoid fulfilling the duties of parents, including in case of malicious evasion from paying alimony;

Refuse without good reason to take their child from the maternity hospital (department) or from another medical organization, educational organization, a social service organization or from similar organizations;

Abusing their parental rights;

Children are treated cruelly, including physical or mental violence against them, encroachment on their sexual inviolability;

Are patients with chronic alcoholism or drug addiction;

Committed an intentional crime against the life or health of their children, another parent of children, a spouse, including a non-parent of children, or against the life or health of another family member.

After the deprivation, he will have all the obligations (to pay alimony, for example), but there will be no rights in relation to the child (to collect alimony from the child in old age, for example).

You have grounds for deprivation of parental rights!

But it is possible to deprive parental rights only in court and it is not easy!

Without you it will be difficult, so I offer my help. I will compile, you will receive it completely ready in electronic form, I will give all the necessary explanations, then you can handle it yourself. I am ready to assist you until the court's decision.

If you need more detailed advice or need help in drafting such a statement of claim, please contact my email. mail: [email protected] or call 8 953 7029392 I will be happy to help. ALL CONSULTATIONS - FREE OF CHARGE.

It is necessary to know that the presence of a certificate of income, characteristics that positively describe the plaintiff, are not serious arguments. Can't submit statement of claim relatives or other persons, if the parent himself does not want to return his legal rights. The procedure for restoring parental rights is regulated by law, namely Article 72 of the Family Code of the Russian Federation. To be able to start the specified 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

- evade the fulfillment of the duties of parents, including in the case of malicious evasion from the payment of alimony.

Usually the reasons are related to the lack of a permanent legal income, drug addiction and alcoholism, vagrancy, but if the parent has corrected himself, then the legislation makes it possible to restore him legal rights.

Evasion of parents from fulfilling their duties of raising children can be expressed in a lack of concern for their moral and physical development, training, preparation for socially useful work; - refuse without good reason to take their child from a maternity hospital (department) or from another medical institution, educational institution, institution of social protection of the population or from other similar institutions; - abuse children, including physical or mental violence against them, encroach on their sexual inviolability.

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

Termination of mother's parental rights

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

Statistical studies have shown that a large proportion of the so-called "unfavorable parents" are the mothers of the child, so the procedure for depriving motherhood 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 a child, because separation from parents has an extremely negative impact on his psychological state.

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

YurClub Conference

And another question: for adoption are required the following documents: 1. Application (filled in by the guardianship and guardianship authorities); 2. Brief autobiography; 3. Certificate from the place of work indicating the position and salary or a copy of the declaration of income; 4.

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

Certificate of the internal affairs bodies on the absence of a criminal record for an intentional crime against the life and health of citizens; 6.

Medical conclusion of a state or municipal medical institution on the state of health of a 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 determines the procedural rules for considering a case.

A copy of the marriage certificate 8. Documents confirming the right to use the premises 9. Characteristics from the place of work.

Filing a claim of this kind is allowed at any time in a child's life, and the main criterion here is the link to the age of the baby - the claim must be filed before the day the child is eighteen years old. As a rule, the truncation of the rights of parents to raise a baby is of an indefinite nature, and if the court decision on this issue was not canceled or changed until the child was 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 very procedure for restricting the parents of their rights is, as a rule, a preliminary and even somewhat preventive measure, it is rarely preserved until the child reaches the age of majority in its original form.

How soon after termination of parental rights can a child be adopted?

When the judge makes an appropriate decision, the parent is deprived of absolutely all rights arising from the relationship between the parent and the child. The possibility of a mother or father to receive certain benefits and payments, enjoy benefits, and be heirs of their children is also excluded.

At the same time, the obligations for the maintenance, payment for education and treatment of the child remain. In order to ensure the child full life the question of the possibility of transferring it to relatives for education is initiated.

When these are not available, the children are placed in an appropriate institution under the care of the state. In the future, the child can be transferred to the guardianship of another family or adopted.

However, despite the seriousness of the decision to terminate parental rights, the parent is given time to eliminate all the negative circumstances that served as the main factors for the deprivation of rights.

RF IC, Article 71

Parents deprived of parental rights lose all rights based on the fact of kinship 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) have been deprived of parental rights shall retain the right of ownership to the living quarters or the right to use the living quarters, as well as retain 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 case of deprivation of parents (one of them) of parental rights is allowed not 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 fulfilling the duties of parents, including in case of malicious evasion from paying alimony; refuse without good reason to take their child from a maternity hospital (department) or from another medical organization, educational institution, institution of social protection of the population or from similar organizations; abuse their parental rights; mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability; are patients with chronic alcoholism or drug addiction; have 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 the deprivation of parental rights. The decision to terminate parental rights is made only by the court. In such hearings, the prosecutor and the representative of the guardianship are required to participate.

At the same time, they give their opinions on controversial issues.

Family code ( family law) determines that in order to start a lawsuit to deprive parental rights, it is necessary to comply with the obligations of the defendant (parent) in relation to their child, as well as the occurrence of circumstances that make it impossible to resolve problems in another way.

Malicious evasion of parents from fulfilling their duties (incl.