Unfortunately, in the modern world there are often situations where parents want to formalize the refusal of the child. There are many reasons that encourage people to take such a step. But if the decision has already been made finally, it will be useful to get acquainted with the legal side of this issue and learn how to formalize the refusal of the child.
The current Family Code does not provide for the article "Refusal of the child." In fact, according to the law, it is impossible to abandon a child. Nevertheless, parents have the right to write a petition for the child's refusal, on the basis of which they lose their parental rights.
Waiver of the rights to the child does not mean release from duties. If the father or mother decided to abandon the child, they are not legally exempt from the obligation to participate in his upbringing process and provide material support.
Refusal of the child by the mother in the hospital
If the woman has made such a decision, she should write a statement on the refusal of the child in the hospital. In this case, all the documents are transferred from the maternity home to the guardianship authorities, and the child is placed in the house of the baby. With the voluntary abandonment of the child, the mother does not deprive her of the parental rights for six months - by law she is given time to think and, perhaps, change her decision. At the end of this period, a guardian may be appointed to the child.
If the mother did not take the child from the hospital, then according to the decision of the guardianship authorities, the father, in the first place, has the right to take the child. If the father, also, does not take the child, then this right is received by grandmothers, grandfathers and other relatives.
Deprivation of parental rights takes six months. During this period the child is in a state institution.
Abandonment of the child by the father
Refusal of the child by the father is made through the court. If the father decided to voluntarily abandon the child, then he must write an appropriate application from the notary. In any notary office, the parent is provided with a sample of the child's rejection form. The notarial refusal of the parent from the child is submitted to the court, and the judge decides on the deprivation of parental rights.
A woman can sue for the deprivation of the father's parental rights in the following cases:
- If the father shirked from fulfilling his duties to raise a child;
- if the father is cruel to the child;
- if the father is an alcoholic or a drug addict;
- if the father committed a crime against the child.
The above points, too, are grounds for denying the parental rights of the mother.
A father deprived of parental rights is not exempt from the obligation to pay alimony. If the child from whom the father has refused is adopted by another person, then in this case all duties are assigned to the adoptive parent, and the biological father is released from paying alimony.
Only after depriving the father or mother of parental rights, the guardianship authorities may appoint
Refusal of the adopted child
According to the Family Code, adopters are entitled to the same rights as parents in full. Thus, if the adopter has made a decision to refuse an adopted child, then a similar procedure for the deprivation of rights is carried out. The adopter, like the parent, in this case is not discharged from the duties.
Reasons for refusing children
According to statistics, most parents refuse their own children in the hospital. The reason for this phenomenon is often the inability to provide materially for the child, the father's reluctance to bear responsibility, the mother's too young age.
In other cases, basically, deprivation of parental rights from parents of alcoholics and drug addicts is made.