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How long after withdrawal parental rights can you adopt a child?

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

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. It is not uncommon for a mother or father to be reinstated in their rights as a parent and have the right to fully communicate with the child again, to take part in his life and development.

The legislator has not specified a specific time frame for bringing one's life and lifestyle in order. However, in accordance with the norms, it can be concluded that it is at least six months from the date the judge makes the relevant legal decision. This position was formed on the basis of the provisions family law, which provide for the possibility of adoption of children whose parents are deprived of their rights, not earlier than six months after the deprivation of the mother or father of parental rights.

Such norms of the law ensure the greatest observance of the interests of minor children, protect their rights to diversified development, quality education, preservation of mental and physical health. Most great happiness for a child is to have loving family. First of all, native people should become such a family, so the ban on the early adoption of such children is justified and expresses the concern of the state for every child.

Illegal delay in the adoption of children whose parents have lost their rights to them is now not so rare. Such cases become the subject of litigation, in which the fate of the child is decided.

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The possibility of depriving the father of parental rights exists both when the father lives with the child, and in the case when the family broke up, and the child remained with the mother.

Hello We live in the Murmansk region, in Moscow my mother and grandmother live, who told me about my relatives: my grandmother had a brother, my brother had a son who abused drugs, then alcohol, now he is disabled, he has been in the hospital for the third month. This son brought a girl from the road, they are not painted. She gave birth to a boy a year ago, the boy walks only with a walker, there is not a single tooth, he does not speak. The boy’s mother constantly quarrels with the child’s grandmother, constantly fights, mat. The guardianship authorities came to the family and my grandmother was a witness, the question was raised about the removal of the child from the family. He fell in the hallway, the hole was covered with a carpet, a woman from guardianship stepped on and almost broke her leg, after which a commission was appointed. The child's parents were going to disperse by that time. They found the sister of the mother of the child and offered to pick up the child in case of seizure and deprivation of the parents' rights, to which she replied: She has five of them in orphanages and I will collect them all! At the commission, the parents reconciled, the next day another relative went to the guardianship authorities, what she did and said, no one knows, but the issue of seizing the child is closed. The grandmother takes care of the child, the mother of the child found a boyfriend and runs to him every weekend, she wanted to go there with the child, but guardianship did not allow - a hangout of drunks. There is dirt in the apartment, cockroaches are falling from the ceiling, they live on the pension of the grandmother and the father of the child, the mother spends what she earns on herself. The child’s grandmother borrows money from my grandmother regularly. The boy almost does not smile, shudders from loud sounds. My husband and I are ready to adopt a boy, we have a daughter named Nastenka, who will be eleven this year. There are all conditions. What should we do? Is it possible?

The lawyer answered - Koroleva S.O.:

Hello Anna!
Adoption will become possible only if the parents are deprived of parental rights, because. adoption is possible only for children left without parental care.
Parents (one of them) may be deprived of parental rights if they:
evade the fulfillment of the duties of parents, including in the case of malicious evasion from the payment of alimony;
abuse their parental rights;
are patients with chronic alcoholism or drug addiction;
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).
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 care of the guardianship and guardianship authority.
Adoption of a child in case of deprivation of parents (one of them) of parental rights is allowed no earlier than six months from the date of the court decision on deprivation of parents (one of them) of parental rights.
Thus, you need to file applications and complaints with the guardianship authorities, the commissioner for the rights of the child, so that the process of deprivation of parental rights is initiated. Then you can apply for adoption.

Anton Zharov, lawyer,

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

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

In fact, the transfer of a child to a family (to other forms of placement, in addition to adoption) is possible at any time after the child is recognized as left without parental care (this, perhaps, should be called its “status”), regardless of whether whether or not his parents are deprived of parental rights. It is also possible to adopt a child whose parents are not deprived of parental rights, however, it is necessary to prove at the adoption court session that the parents evade the upbringing of the child and its maintenance, do not live with him for more than 6 months. As a rule, for a child in an institution, the collection of evidence does not raise questions: the courts accept certificates issued by a children's institution stating that the parents did not appear, and they do not receive money for the maintenance of the child.

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

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

That is, by requiring first to deprive parents of their rights, and only then to adopt, the guardianship and guardianship authority puts potential adoptive parents in an “uncomfortable position”: if there is a child, it is impossible to adopt. No way. Even if there are other grounds established by Article 130 of the RF IC.

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

In addition to the fact that the child is exempt from possible claims of biological parents, this allows for greater freedom to transfer the baby to the family. It is also important to bring legal circumstances (deprivation of parental rights to the child) to actual circumstances (the child has lost parental care).

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

It is certainly in the interests of the child to deprive the persons who abandoned him, who do not provide him with the necessary assistance in development, upbringing, maintenance, despite their obligation to do so, of their rights in relation to the child.

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

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

If the woman who gave birth to the child did not present identification documents, but left the child, then medical organization is not entitled to indicate the surname, name and patronymic named by her as the mother's data in the medical birth certificate. In this case, the mother’s data is also not entered into the birth certificate of the child, and an act of abandonment is drawn up for the child with the obligatory indication that the mother’s data is recorded from her words, not documented.

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

An undocumented mother cannot also issue a “child abandonment” (consent to adoption), since it is impossible to identify her, and such a refusal may not be accepted by the court. At the same time, it is not necessary, since the child of such a woman should not have an entry in the “parents” column, which means that they are legally unknown.

In the event of a subsequent appearance of the mother (before adoption), she must defend her rights to the child in court. If the child has already been adopted, then the recognition of the child by her mother is possible, but by virtue of the rules of Art. 139 of the RF IC, other information, except that the child was adopted, cannot be transferred to her, and the rights and obligations in relation to blood relatives (including the mother) and, accordingly, the rights and obligations of relatives in relation to this child are terminated.

As a rule, paragraph 2 of Art. 69 of the RF IC, since their parents obviously evaded their duties, leaving the child to the state.

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

If, prior to being placed in an organization for orphans, a child was subjected to cruel treatment, violence by parents, parents encroached on their sexual integrity, parents abused their rights (including by involving their children in illegal activities), regardless of when this happened, the question of depriving them of parental rights should be raised under par. 4 or 5 tbsp. 69 RF IC.

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

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

Opinions encountered among employees of guardianship authorities about the need to “enter the position” of the mother or father of the pupil orphanage has nothing to do with the law. The law rightly puts the interests of the child in the first place, as a moral and legal category. It is the interests of the child that determine the need to deprive parents of parental rights whose children are recognized as deprived of parental care.

If there are "good reasons" for which a parent can leave his child without care, then the list of them should be very, very modest. For other parents, parental termination claims should become almost automatic once their child is found to be without parental care.

Hello Anastasia.

Adopted children are legally considered equal to their relatives in their rights. Therefore, your issue can be resolved by depriving the former spouse of parental rights.

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

Article 69. Deprivation of parental rights

Parents (one of them) may be deprived of parental rights if they: evade 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 institution, 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. 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. 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.

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

The application must contain at least one ground from Article 69 family code RF.

A statement drawn up by a lawyer will increase your chances of success and shorten the time for resolving the issue as much as possible (you will not have to redo the statement, which is a fairly common occurrence when it is compiled independently).

Parents or one of the parents cannot simply, on their own initiative, renounce parental rights and obligations 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:

1. 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;
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 consist in inciting the child to begging, vagrancy, addicting to drugs, alcohol, etc .;
4. 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.