Refusal of a child by a mother: in favor of the father, in the maternity hospital, statement

Abandoning a child in a maternity hospital is a crime from an ethical point of view, but it is completely legal if the rules are followed. Fathers and mothers, regardless of social status and education received, carry out this procedure based on different reasons. At the same time, similar life situations for other people do not become grounds for abandoning the baby.

Institutions and reasons for filing a refusal

The story of every baby abandoned by its parents is rooted in a woman’s lot. These include tragedies, a weak financial situation, Down syndrome and other illnesses in the child, however, other situations also occur.

The reasons that lead to such an act are not always obvious to the medical staff of the maternity hospital. This is due to the fact that a woman, in accordance with the current legislation of Russia, has the right to keep them silent in her statement. Based on the practice of doctors and courts, there is a list of factors influencing the abandonment of a baby in the maternity hospital:

1. Unplanned conception and a man’s refusal to fulfill his obligations to care for the mother and baby.
2. Lack of financial ability to provide for a child, because there is no living space and no work.
3. Close relatives morally forced the mother to write a refusal, arguing that she was denied financial support. In this context, “relatives” are different people - parents, distant relatives, the child’s biological father.
4. Awareness of the mistake of childbearing and lack of desire to bear the burden of raising a minor offspring.

Often, refuseniks are representatives of disadvantaged environments, susceptible to alcohol or drug abuse, as well as women with low social responsibility.

In addition to these reasons, there is another one that makes a significant contribution to the disappointing statistics - a sick baby, disability, congenital genetic diseases and the consequences of birth trauma.

According to the law, an application for refusal is submitted to the head physician of the hospital. The specialist completes the registration and initiates the next step that decides the fate of the newborn.

However, before accepting such an application, the doctor advises the woman about the legal and moral consequences of the decision. If this procedure is followed, the woman in labor may or may not change her mind, and the doctor may pass on the information to higher authorities.

From this moment and for 6 months, the guardianship and trusteeship authorities take the reins of the baby’s fate and supervise the actions of the mother.

It is noteworthy that at the legislative level there is no provision for writing a refusal letter from a child in a maternity hospital. But there is a provision under which a woman can sign permission to adopt her newborn. Therefore, mothers are given six months to change their minds, because...

after that, she will leave the maternity ward, and the baby will go to the Baby House. At the same time, both a single woman and a married woman can pick up a child from a social institution. This rule also applies to the father.

If this does not happen, then the abandoned child becomes an orphan, and the parents are deprived of their rights.

Voluntary refusal is regulated by a set of legislative norms of Russia:

1. Family Code: Articles No. 69-71.
2. Civil Code: Articles No. 23, No. 34 and No. 131.
3. Federal Law: No. 143 of November 15, 1997 “On acts of civil status.”

Actions and documents

When considering the topic of how you can abandon a baby in the maternity hospital, you should familiarize yourself with the algorithm of actions. First of all, a refusal letter is issued before the woman leaves the maternity ward. In the event that the mother took the baby with her and then changed her decision, then this situation moves into another legal field, and the process will be carried out differently.

Algorithm:

1. Conscious and balanced decision making.
2. Writing consent for further adoption.
3. Submission to the appropriate institution addressed to the chief physician.
4. Leave the establishment on the same day. This is due to the fact that after refusal, a woman in labor has no rights or reasons to remain in the department. Consequently, financial support will not be allocated from the maternity hospital budget.
5. Consider the situation within 6 months, since during this period it remains possible to revoke consent.
6. After six months, go to court to obtain a ruling on deprivation of parental rights. After this procedure, the authority over the child is revoked irrevocably, and a procedure for paying alimony is initiated.

List of required documentation:

1. Application on behalf of the mother addressed to the chief physician of the maternity hospital.
2. Certificate of birth of the baby, issued by the maternity ward.
3. Identification document of the mother in labor.
4. Statement on behalf of the husband (father of the child), written in the personal presence of the head physician. Based on this paper, the man is also deprived of the right to raise a child.

Based on the above mechanism, the refusal process is carried out in several stages, and therefore takes the designated time frame. To a greater extent, such a period is given from a moral point of view, so that the woman has a chance to correct the situation. Often, a mother begins to write a statement under the influence of postpartum depression.

Sample statement from mother and father of baby

The process of filing a refusal occurs in different ways. For example, if the father and mother made a joint decision, a statement will be written. In the future, this will become the basis for adoption of the baby by another family. The process is then divided into two procedures – revocation of parental rights and appointment of guardians.

The application form is provided in the maternity ward. The text provides comprehensive information that is also provided by the hospital. As a rule, it includes an indication of the fact that the parents will abandon the child, and that this process is irreversible. At the end of the “refusal”, confirmation is written in the notice of legal consequences.

The application for renunciation of the rights of a parent is written personally by hand on an A4 sheet.

In this case, a sample is not required, since there are no design specifications. To confirm her identity, the woman in labor provides information from her passport. The document itself is not required, because upon admission to the department, the woman went through the registration procedure according to the established rules. The corresponding complete information has already been entered into the database.

The order of compilation is as follows:

1. Full name of the head physician in whose name the document is being submitted.
2. Information about the mother in labor - last name, first name, patronymic, registration address and place of residence.
3. Indication of the desire to leave the child in the maternity ward.
4. Consent to continued guardianship by others.
5. Signature of the applicant and date of document generation.

The application is drawn up in any form, but there is no need to adhere to the ultimatum style. The purpose of the “abandonment” is to renounce the rights to the child, i.e., unwillingness to take it with you.

Legal consequences for a woman giving birth when abandoning a child

Once the refusal process is completed, the countdown begins for the woman in labor to change her decision. In the absence of further action, the “refusal” is certified by a court order.

Abandoning your child in the maternity hospital - consequences:

1. A woman is deprived of her rights as a parent. This process does not entail any financial burden, and she will not have to pay for anything. Experts emphasize that the procedure is indicative and may be beneficial.
2. The former mother is forced to make mandatory child support payments until she reaches adulthood. If a child is assigned a disability group, then the benefit is paid for the entire life of the child.
3. From the moment the court verdict is rendered, the woman in labor is deprived of the right to claims for support from the child in old age.
4. The rights of inheritance in relation to the movable and immovable property of the child are lost.

It is noteworthy that until the child turns 18, a woman has a chance, under certain circumstances, to restore parental status. However, in accordance with Russian laws, if adoption occurs, then all of the above obligations are removed from the refusenik, including alimony. This is due to the fact that guardians assume maintenance responsibilities.

In the case when the biological father writes a refusal of the child, the legal consequences for him will be as follows:

1. Termination of the right to participate in and raise a successor to the clan.
2. It is prohibited to defend the rights of the child in any institutions and authorities.
3. In the event of death, the child is deprived of the right to claim the inheritance.
4. Refusal to provide benefits and subsidies.
5. Claiming old-age care benefits is prohibited.

The decision acquires legal force in the same way as in the case of the mother, that is, after six months in accordance with the court order. Until this moment, it is possible to write a withdrawal of consent to adoption.

How the fate of an abandoned child is decided

After the parents refuse to take the child into the family, the decision, supported by the necessary documentation, is transferred to the guardianship and trusteeship authorities. The child is transferred to the children's department of the hospital for newborns.

After 28 calendar days from the moment of birth, the baby is taken to the Baby Home. Of course, the child during this period and subsequent years remains deprived of the love and care of his parents. The service personnel of such institutions are unable to provide full attention, since there are many children, and often such work is treated unfairly.

In Russia, hundreds of children are left in maternity hospitals every year and, of course, a particular child will be like a drop in the ocean. And although the statistical figures are not terrifying, still, from the ethical side, such situations should be reduced to zero.

Every child should be raised in a family where the minimum that parents can give is a warm and affectionate word. All other components - housing, finances, work, etc. - are not important for the baby. A child needs only loving parents.

Therefore, it is worth thinking a million times before making such a decision rashly.

Cancellation of child abandonment

The fundamental factor when deciding to abandon a child in a maternity hospital is a difficult financial situation. However, such parents forget about the obligation to pay monthly child support.

Of course, there will be no burden of expenses for purchasing basic necessities, but with an increase in wages, contributions for the child will also increase.

If a debt arises, the Baby House has the right to recover unpaid funds through legal action.

Situations often occur when such decisions are made rashly or under pressure from relatives. As a result, a statement of refusal is written, and then repentance sets in for what they have done.

In view of this, the legislator took into account the unstable condition of a woman in the postpartum period and highlighted the opportunity to change the situation within 6 months.

But if this does not happen, then the mother forever loses parental rights.

Who has the right to pick up a newborn from the maternity hospital?

In the Family Code of the Russian Federation, there are provisions according to which, if the mother writes “abandoned” the baby, the father can take and raise the child. This is due to identical parental rights and responsibilities. If a man is divorced from a woman in labor, he is assigned single status.

In a situation where both mother and father do not want to find an opportunity to raise a child, then the grandfather, grandmother and other blood relatives can take this right. However, this must have the consent of the guardianship authorities.

Read also: Obtaining the status of a low-income family: list of documents and certificates

As a rule, authorized institutions will not refuse. Such regulations pursue the goal of providing the child with a full-fledged family. In such a situation, priority is on the side of close relatives, incl.

brothers and sisters of failed parents.

Legal nuances

At first glance, it seems that the situation is simple - there is no desire to educate, write a statement. However, this procedure has a number of legal aspects.

Writing a refusal by a woman in labor without a passport

When visiting the maternity ward, a woman must have an identification document with her. According to the words, medical personnel do not have the right to make entries in the database, because...

Based on this information, a birth certificate is issued. In the absence of such a document, the woman in labor is sent to the infectious diseases department.

Doctors do not have the right to leave a baby without a mother solely on the basis of the lack of a passport.

It is acceptable to present a certificate from the passport office or police department.

Anonymous refusal

If a mother gave birth to a child anonymously, without providing identification, she is not legally connected to the baby. In view of this, writing an application to abandon a child in a maternity hospital does not become a dilemma. In other words, just get up and leave.

If there is no information about the parents in the birth certificate, dashes are placed in the appropriate columns. Accordingly, the child is sent to the “Baby Home”. The institution allows adoption without waiting for six months. If guardianship is formalized within the allotted period, the biological parents will not be able to renew their status.

Refusal by a minor woman

Marriage speeds up the procedure for acquiring the legal capacity of a Russian citizen. Therefore, persons who officially enter into a marriage become adults and have similar rights and responsibilities.

If refused, a woman under 18 years of age, but officially married, is not prohibited by law from initiating such a procedure.

If a woman giving birth is not married, then legally she herself is considered a child, and her parents are her guardian. In the maternity ward, the mother is not discharged and the baby is not handed over until relatives or guardians arrive.

Only the latter have the right to write an application for consent to accept responsibilities for caring for the mother and baby. In view of this, a young woman in labor cannot decide the fate of the baby by abandoning him.

In a situation where no one comes for her, the child will be categorically taken to the appropriate institution, without taking into account whether this is right or wrong.

The procedure for collecting alimony in case of abandonment of a child

Cancellation of the rights of parents in accordance with the law does not become a reason for exemption from financial responsibilities for the maintenance of a newborn. Consequently, at the time of the court decision, the authorities determine the amount of recovery from the father and mother in relation to children under 18 years of age.

Alimony payments go to the account of the person, both physical and legal, who is raising the child after writing the “refusal form”. This category includes:

• second parent;
• guardian or trustee;
• foster mom and dad.

In the absence of such people, the child is transferred to a state children's institution. Therefore, alimony payments are made to the current account of a specific organization.

After the child leaves the orphanage, the amount of funds received is transferred to the personal bank account of the refusenik.

This norm is spelled out in Article No. 84 of the IC of Russia, and an account must be opened in a branch of Sberbank of Russia.

Source: https://BrakGid.ru/opeka/otkaz-v-roddome.html

Abandonment of a child in the maternity hospital: how it happens and what are the consequences

For some married couples, the birth of a baby is the happiest day in their life, but there are also couples where the addition of another family member is nothing more than disappointment and a burden.

Recently, many women have decided to take a desperate step - to leave their newborn in the maternity hospital. There can be many reasons for this; each woman in labor has her own reasons, so they should not be condemned for such an act.

If the decision has already been made and is not subject to challenge, then it would be reasonable to familiarize yourself with the legal aspects of such a procedure as abandoning a child in a maternity hospital.

Is it possible to abandon a child in the maternity hospital?

Is it possible to abandon a child in the maternity hospital? A huge number of women, in particular young women, who have become hostages of life circumstances and do not see any other way out of the current situation, are interested.

In fact, according to the law, it is impossible to abandon her offspring; however, the mother can write an application to abandon her newborn; the maternity ward workers always have a claim form.

Based on this application, as a consequence, her parental rights will be deprived and the baby will be sent straight from the maternity hospital with the relevant documents to an orphanage.

If the child is abandoned voluntarily in the maternity hospital, then after placing the baby in the home, the mother is given 6 months to change her mind. After this time, the baby will be assigned a guardian or he will be adopted anonymously by another family.

It will be interesting to know that if a mother refuses to pick up her child from the maternity hospital, this is already a reason for depriving her of parental rights. In such a situation, in court, she will be deprived of her rights to the baby, even if she does not write a waiver herself.

The father or grandparents can also take the child from the hospital, but if they also refused to visit the maternity hospital, then the newborn can be immediately adopted.

Today there are a huge number of childless couples who stand in line for years to accept a new family member and take care of him from the first days of life.

Options for abandoning a child

The procedure for abandoning children in the maternity ward differs in different countries; for example, Russia implies two forms of abandonment:

• stay in a medical facility;
• signing consent for adoption.

How exactly to write a statement is up to each woman to decide for herself; of course, in the first case, she will have more time to think carefully about her action; in the second case, when leaving the maternity hospital, the woman may never see her baby again.

In court, she will be deprived of parental rights and adoption will be quickly processed if there are anyone willing, and they will be charming.

The secrecy of adoption is guaranteed by the Constitution; therefore, a woman will not be able to find out by whom exactly and where the newborn was transported to live.

Registration of refusal

The procedure for abandoning a child in a maternity hospital begins from the moment the application is submitted. It is written in the name of the head physician of the hospital where the woman gave birth. In the application, the woman must indicate that she does not intend to take the newborn from the medical institution and that she has nothing against his adoption. The application may have the following structure:

1. First and last name of the head physician or the name of the medical institution where the woman is staying.
2. Your personal information and residential address.
3. Document's name.
4. The main text, which indicates information about the little citizen’s date of birth, his gender and other characteristics, and also indicates his voluntary refusal.
5. The date the document was drawn up and the woman’s signature.

Sometimes, a woman in labor is offered a ready-made form, in which she only needs to enter her data and confirm it with a signature.

To formalize the refusal, the head physician, having received the application, contacts the Guardianship Authorities. Employees of this government agency prepare a package of documents to submit to the court, and deprive the woman of parental rights. A woman can withdraw her application within six months if she has not given consent to the adoption.

It should be noted that the father also has the same rights to the newborn, therefore a statement of the same content must be taken from him.

If he refuses to write it, then all responsibilities for the upbringing and financial support of his offspring fall on him. The Guardianship Authorities do not have the right to take a baby from the biological father without good reason and give him up for adoption.

If a woman has been divorced for more than 300 days or the name of the father is unknown, then an application for abandonment of the father is not required.

Can a minor mother write a refusal?

Marriage allows you to speed up the onset of a person’s legal capacity; people who have officially entered into marriage are considered equal to adult citizens and have the same rights. If a minor mother who is officially married wants to abandon the child, then the law does not prohibit her from doing this; it is enough, as mentioned above, to write a statement.

A minor mother who is not married is essentially a child herself, whose guardian is her parents. In the maternity hospital, a minor mother is not discharged and the child is not given to her until her relative or guardian comes to pick her up and writes an agreement that he assumes all responsibilities for caring for both the mother in labor and the small child.

The signature of a minor woman will not have any legal force in the application for abandonment of the child. If a girl does not want to become the child’s mother, the official guardian, of course, by consent, can be her parents or the child’s father, who can file a claim to establish paternity and take the child from the maternity hospital.

In general, a minor mother will not have to think about how to write a refusal of a child in a maternity hospital, since, in principle, no one would give her the child alone. If her parents or guardians do not come for her, the child will be taken to the orphanage in any case.

Consequences of a mother abandoning her child

Not all women understand the consequences of abandoning a child in the maternity hospital; they mistakenly assume that their child will be in the baby for years, and they will bring him candy once a year and watch how beautiful he grows. There is a very high demand for small children and they are quickly adopted.

If the mother abandoned the child in the maternity hospital, she is deprived of parental rights through the court with or without her presence. As a result, she will not be able to restore parental rights if the child is adopted. She won't even be able to get temporary custody of him.

A mother’s abandonment of a child in a maternity hospital does not give her the right to refuse financial support for the child. Until he comes of age, she is obliged to pay money to the baby’s account, which will be opened by the Guardianship Authorities. The amount of payments will be decided by the court. The mother can abandon the child at any time while in the maternity hospital.

This right is guaranteed to her by law. But she must understand that from the moment she signs the application, she loses her actual family relationship with the newborn. She will not receive social payments and benefits for him, which are due to families with children. At the same time, the child himself retains family ties with his grandparents.

Can claim inheritance in order of priority.

Read also: Benefits and plots for large families in Krasnodar

Now you know how to abandon a child in the maternity hospital. Of course, it would be better if this knowledge was not useful to you and you always warmly welcomed new family members. But, nevertheless, we live in difficult times and it is better to immediately give the baby into good hands than to condemn him to poverty and orphanhood while his parents are alive.

Popular life hacks for home and garden on the portal https://build-experts.ru, construction tricks and recommendations from experienced foremen.

Source: https://juristpravo.ru/roditelskie-prava-i-ottsovstvo/otkaz-ot-rebenka-v-roddome.html

Abandonment of a child in the maternity hospital

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Abandoning a child in the maternity hospital has certain subtleties that you should definitely know. This procedure has a moral and ethical side, and each person approaches it differently. It is important to understand that in general Russian legislation does not imply that parents abandon their children under any circumstances. The only exceptions are those cases when the court decides to limit or completely deprive parental rights in the interests of the child. But even such situations do not entail a complete cessation of the legal connection between children and parents.

It is worth knowing that in order to ensure the safety and normal development of the child, the court may provide for the children to transfer the baby to be raised by an adoptive parent or the state. In this case, the procedure involves denial of admission to the maternity hospital or deprivation of educational rights for a specific reason, both options involve a judicial procedure.

We will talk exclusively about the legal side of the issue, explain the algorithm of actions and the subtleties of the problem.

Is it possible to leave a child in the maternity hospital?

Free legal consultation

Is it possible to leave a child in the maternity hospital? According to the law, such a right is not granted. It is believed that the rights of parents are inalienable, even if deprived.

But under any circumstances, and this includes the abandonment of children in the maternity hospital, parents still retain the obligation to support a minor or a child up to a different age, depending on the specific circumstances.

In addition, the fact that the mother left the baby in the maternity hospital will not appear on his personal rights. This also includes hereditary ones. In other words, after the death of a parent who has been deprived of parental rights, the child retains the right to inherit.

This will not apply to children who were adopted. In this case, the right of inheritance will apply exclusively to the property of the adoptive parents.

Read also: Extract from the Unified State Register of Real Estate through State Services

The personal rights of a child also include the possibility of receiving a pension in the event of the loss of a breadwinner. In particular, if the parent paying child support to his (non-adopted) child died at this time, then the state will pay a pension to the minor.

We can conclude that it is actually impossible to abandon a child (either the first, second or third) after his birth in the maternity hospital.

But the state has developed a special algorithm, according to which it is possible to transfer the rights to upbringing either to other persons (allow adoption) or to the state.

But child support payments for maintenance are still assigned to the parent by blood.

Reasons for abandoning a baby

The reasons for abandoning a baby are usually the following:

1. The child was born sick, disabled or with injuries.
2. Insufficient funds to raise a child.
3. Emotional immaturity, fear of being raised incorrectly.
4. Prejudice. The situation when the mother’s parents insisted on an abortion also falls into this category.

Now we need to understand how to abandon a baby in the maternity hospital. You will find an algorithm telling you how to write an application below.

Worth knowing! In maternity hospitals it is allowed to leave a child with Down syndrome, a disabled person or other diseases. The procedure is similar, and statistics say that many people do not want to take sick children home, fearing the consequences of the diagnosis.

Refusal procedure

The procedure for registering a refusal involves filling out an application by the woman who gave birth to the baby using a special form. The document is drawn up in the name of the head physician of the institution where the birth took place. This statement indicates that the child will remain in the maternity hospital, and the mother is not against the baby being adopted by third parties.

It is permissible to draw up a document in written form without strict norms. There is no sample as such. In the upper right corner you should indicate the addressee's name, Mother's full name and actual address of her residence.

The baby's details are also indicated. It is necessary to certify the document with the woman’s personal signature. You can rely on the sample we offer as one of the options for drawing up an application.

Read also: Law on Pharmaceutical Activities

As soon as the head doctor of the institution receives such a document, he reports the situation to the guardianship and guardianship authorities. They prepare the required documentation for the court, where the woman will be deprived of parental rights. Typically, this procedure takes up to six months.

Essentially, this is the time that is given to the mother to reconsider the decision she has made, perhaps to cope with the life problems that pushed her to abandon the child. In some cases, this is enough for the mother to change her mind and still take the child home.

This is possible within six months from the date of application.

You need to understand that parental rights belong to both the mother and the father. Accordingly, in order to abandon a newborn, a statement from a man is required. If such a statement is not received, then education is transferred to men’s shoulders.

Worth knowing! The father of the child is also considered to be the man who divorced the woman at the time of birth, but provided that less than 300 days have passed since the divorce.

In such a situation, statements are required (no sample is needed, it is drawn up in free form) both from the woman and from the ex-spouse. Likewise, if the application is not received, then the upbringing of the child is transferred to the men’s shoulders. But the statistics are disappointing.

The history of refusals of sick and even healthy children says that in rare cases a man agrees to raise them independently.

In all other cases, for example, if the woman was not married or more than 300 days have passed since the divorce, then only a statement from the mother is sufficient. If a man is aware that he is a father, he can take on the upbringing of the child, becoming his legal representative, guardian or adoptive parent.

The situation is similar with all other relatives of the infant. They also have the right to become the legal representatives of the baby if the mother abandoned him and was deprived of parental rights for any reason. And remember that you always have six months to change your mind and still take your baby home.

Free legal consultation
Read also: How to get a plot of land for a large family?

Consequences of the procedure

The consequences of the procedure are as follows:

1. Parents are deprived of the right to raise and take part in the fate of the child.
2. There is no possibility to represent children's rights in court.
3. There is no way to claim part of a child’s property if he dies.
4. Benefits will not be provided by the state.
5. There is no way to claim child support in old age.

Remember that the father, mother or their direct relatives can return the child to the family. This is only possible for six months after filing an application for voluntary renunciation of paternity and leaving the baby in the maternity hospital.

Source: https://mfc-list.info/otkaz-ot-rebenka-v-roddome.html

Voluntary abandonment of a child by a father: how it is drawn up, what are the grounds

A father's abandonment of a child is a fairly common phenomenon in our time. Depriving a child of parental care and love is a serious act that is justified only by a documented lack of blood relationship. When the decision to relinquish parental rights is made, the question arises: “how to write a relinquishment of a child?” We'll talk about this later in the article.

The procedure for voluntary relinquishment of parental rights

The procedure for voluntary abandonment of a child consists of two stages:

• drawing up an application;
• litigation for deprivation of parental rights.

It is necessary to clearly understand that writing a voluntary application to abandon a child is only an excuse; the decision is still made by the court. A court can deprive parental rights only if there are serious grounds for this:

• evasion of alimony payments;
• excessive use of alcohol and drugs;
• failure to fulfill parental responsibilities in the process of raising a child;
• use of force against a child;
• committing a crime dangerous to a child.

To deprive parental rights, the father must write a statement in which he agrees to voluntarily abandon the child. Without fail, the reason for the refusal is indicated, and, directly, how, in the future, he will fulfill his parental duty. The completed document must be certified by a notary.

After this, the application is submitted to the court for further consideration.

The following must take part in the court hearing: the prosecutor, and, without fail, a representative of the guardianship and trusteeship authorities, since we are talking about a child who has not reached the age of majority. The rights of the child must under no circumstances be violated.

All decisions are made solely in his interests. The presence of the father at the meeting is not required. If there is no such desire, then you can submit a request to consider the case without the presence of the applicant.

Basically, the outcome of such cases is positive, and the court satisfies the applicant’s demands for deprivation of parental rights.

Voluntary abandonment of a child upon adoption

Also, a father’s renunciation of parental rights can be carried out in the case when another man (the new husband of the child’s mother) wants to adopt the child.

To do this, it is necessary that the child’s natural father renounces parental rights and gives a written agreement for adoption, certified by a notary or guardianship authorities. The child's father is given 6 months to reconsider his actions and the opportunity to return the child during this time.

Upon expiration of this period, the registry office crosses out the father’s name on the child’s birth certificate, emptying this line, which makes it possible for further adoption.

Consequences

In case of voluntary relinquishment of parental rights, the following consequences occur:

• removal from raising a child;
• ban on communication with him;
• the inability to defend the interests of the child in court, since the father is no longer his legal representative;
• termination of preferential payments and child care benefits;
• if the father loses his ability to work, the child does not have to pay him alimony;
• the father cannot inherit the child's property in the event of his death.

Read also: Is it possible for a single mother with a child under 14 to be laid off?

The consequences that occur when a child is voluntarily abandoned are the same as when parental rights are deprived.

The child does not lose his rights; he remains the heir of his former father and is required to receive alimony until he reaches adulthood. If a child is adopted by another man, the father is exempt from paying for his maintenance.

Do I need to pay child support after abandoning a child?

Often, when voluntarily abandoning a child, the father expects to be released from child support and other parental responsibilities.

But the legislation provides that parents deprived of parental rights are not exempt from payments and fulfillment of their responsibilities for raising a child. Taking this into account, abandonment of a child is not grounds for termination of child support payments.

But, if the child is officially adopted by another person, then the parent who renounced his rights to the child is exempt from child support.

Procedure for filing a lawsuit

An application for abandonment of a child is sent to the court, guardianship and trusteeship authorities and the registry office.

First, you need to fill out the document correctly:

• enter the details of the institution where the claim is being filed;
• the personal data of the applicant is indicated (last name, first name, patronymic, registration address and passport details);
• personal data of the child from whom the refusal is being issued (full name, date and place of birth);
• the reasons for abandoning the child are stated;
• permission is given for further adoption;
• an agreement on deprivation of parental rights is entered into;
• indicates awareness of the impossibility of restoring paternity rights after six months from the date of the court’s decision;
• writing a request to consider the case without the presence of the applicant;
• date of writing;
• plaintiff's signature.

After completing the application, it is certified by a notary and submitted for further consideration to the court. The trial takes place in accordance with the rules:

• the presence of a prosecutor is necessary;
• participation in the process of guardianship and trusteeship authorities;
• the opportunity to interview a child who has reached 10 years of age in the presence of a psychologist or teacher;
• the child’s mother may put forward demands for deprivation of parental rights from a father who does not fulfill his responsibilities towards the child.

After the court hearing, the decision made is sent to the registry office within three days to make changes to the documents.

Necessary documents for the court

Voluntary abandonment of a child is formalized in the form of a statement. After its preparation, it is signed by representatives of the guardianship and trusteeship authorities. They check the compliance of the child’s living conditions with the prescribed standards and monitor them in the future. You also need to pay a state fee. The payment receipt must be attached to the application along with additional documents:

• child's birth certificate;
• Marriage certificate;
• divorce certificate;
• recommendation sheet for parents or adoptive parents;
• other documents.

Reasons for abandoning a child

The main reasons for abandoning a child are:

• Negative result of genetic testing to establish paternity. In this case, all documents confirming the relationship are canceled, and the father is exempt from paying alimony. If a man knew that the child was not his own before he was included in the birth certificate, then the court refuses to challenge paternity.
• The mother's new husband wants to adopt the child. To do this, the natural father must consent to the adoption of his child by another man. This is beneficial to both parties, because: the stepfather receives the right to adoption, and the father, in turn, is exempt from paying alimony.
• Inability to provide for a child.
• The child has a serious illness.
• Minority of the parents of the newborn.
• Abandonment of a child in case of adoption. In this case, this process will be called cancellation of adoption.

Legal basis

The Family Code does not contain an article that deals with the concept of “renunciation of parental rights.” Writing a statement of refusal does not mean freeing yourself from parental duty. The decision to terminate parental rights rests with the court. Even if the claim is satisfied, alimony will have to be paid.

For example, a father is deprived of parental rights, freeing himself from raising children, but not from the obligation to provide for them financially.

The judicial process for abandoning a child is regulated by the norms of the civil procedure code.

After what period of time can another man adopt a child?

The adoption of a child by another man is permitted from the moment the court decision reaches the registry office, where amendments are made to the relevant documents. As a rule, this process takes at least six months.

Can a mother abandon her child?

The legal side of the relationship between mother and child is regulated by the Family Code of the Russian Federation, which states that a mother’s voluntary abandonment of her child is considered as her consent to the further adoption of this child. The presence of this refusal does not exempt her from raising and supporting the child until his adoption.

Mother's abandonment of child in maternity hospital

Every woman who does not want to take her child away is given the opportunity to sign an adoption agreement immediately after giving birth.

After which, all documents for the child are transferred to the guardianship authorities and the newborn is taken into the orphanage.

As a rule, women in labor do not know that within six months they can challenge this application and return their child. If the child is healthy, he will most likely be adopted soon.

If a woman was admitted to the maternity hospital without documents confirming her identity, she will not be able to abandon the child immediately after birth. In the future, this can only be done through the courts.

Mother's abandonment of older child

If the child has lived with the mother for some time, and she wants to give up parental rights, then you need to provide the guardianship authorities with evidence that she is not able to support and raise her child. The following documents must also be submitted:

• an extract from the place of employment regarding wages or a certificate from the labor exchange;
• an act of research into the living conditions of the mother and child;
• certificate of stay in a drug treatment or psychoneurological dispensary;
• conclusion of a medical commission on the state of health of the child, which confirms the need for his stay in a specialized institution.

It is necessary to understand that the mother’s abandonment of the child is not a basis for depriving the child of the right to inherit her property.

Source: https://rualimenty.ru/otkaz-otca-ot-rebenka-kak-eto-oformlyaetsya/

[email protected]: Is it possible to abandon a child in favor of the father in a maternity hospital?

A child is not property; you cannot give it up for someone else’s benefit. You can write a “child abandonment”, i.e. a statement that you are ready to give the child up for adoption. To whom, it’s not up to you to decide. Next, the child will be taken by the guardianship authorities and the issue of further appointment of guardianship will be decided.

They certainly try to give preference to relatives, if there are such (father, grandmothers, uncles, aunts, sisters and brothers), but it is impossible to definitely guarantee that the child will be handed over to the father. If the guardianship authorities decide that the father cannot cope on his own, then the child will be left in a boarding school.

Two will still be considered the child’s parents. Simply on the basis of abandonment of the child, the mother will be deprived of parental rights, that is, she will not be able to claim meetings with the child, receive financial assistance from him in old age and receive an inheritance after the child in the event of his death.

She will also not have the right to claim benefits due to mothers.

No you can not. if you refuse, it’s not for anyone’s benefit at all.

In any case, you will be recorded as Rebecca’s mother for natural reasons :) When a child is born out of wedlock and a birth certificate is issued, the child’s father is given a paper establishing paternity. That is

In this case, two papers are issued - a birth certificate and a certificate of paternity. You can probably write a refusal to pick up the child (not abandonment of the child), but the father can pick up the child from the maternity hospital. You will pay child support if the child’s father demands it.

In order to avoid paying child support, you must be deprived of parental rights through the court.

Abandonment of a child is not provided for by Russian legislation. No mother in the hospital, no father on his deathbed. You can only write consent for a stranger to adopt your own child.

even if the mother refuses to take the child from the maternity hospital, she will still have to go through the procedure of deprivation of parental rights and will have to pay child support for the maintenance of this child until he is adopted...

just cut the child out of your life. leaving in the maternity hospital will not work... Russian legislation primarily acts in the interests of children.

Refusal to pick up a child from the maternity hospital according to the RF IC is one of the grounds for deprivation of parental rights...

In general, everyone answering here does not quite know the intricacies of this problem. A mother cannot REFUSE her child in the maternity hospital. she can leave him there, writing consent to his adoption.

Definitely, if a woman has a husband, he will either take the child (since by law he is considered his father), or he will also write a consent for adoption.

In any case, the father himself or the guardianship authority (if both parents did not want to take the child) will register the child and the following information will be recorded on the birth certificate: mother - details of the woman who gave birth to this child; father - if the woman in labor has a husband - details of the husband, if there is no husband -dash.

And then, if someone adopts the child, the child will be given a new birth certificate; if they do not adopt, and the child’s parents still do not take the child, after 6 months they will be deprived of parental rights.

If the woman in labor is not married to the child’s biological father, she can write consent for the child’s adoption either by specific persons, or the child’s father can file an application to establish paternity of the child. The parent who wrote the adoption consent continues to be the parent. until the child is adopted, or until the parent is deprived of parental rights. That is

If the mother is unmarried, then acknowledgment of paternity must be formalized. Fill it out - and for God’s sake, let the child live with his father by agreement of the parents. There are no refusals in anyone’s favor and there cannot be. The mother can subsequently sign a consent form for the child to be adopted by another woman if the father marries.

Yes, in the maternity hospital, the mother can write a statement about the refusal and adoption of the child by another person. Or just an application for adoption without specifying a specific person. In the future, the mother will be deprived of parental rights. The father takes the child, the maternity hospital must inform the child’s mother about the intentions. If the marriage is not registered. Then it is necessary to establish paternity.

Source: https://touch.otvet.mail.ru/question/79813541