Renunciation of paternity: voluntarily, in favor of the adoptive parent, by mutual consent

The parental responsibilities of a father who has left the family often weigh heavily on him, especially when there are no feelings left for the child and there is no desire to sincerely support the child in the difficult journey through life.

In this regard, many fathers are considering various ways to renounce paternity in the hope of canceling the child support entrusted to them and getting rid of the burden of parental responsibility.

Alas, this is not always possible and not as easy as careless fathers would like.

Is it possible to renounce paternity?

Unilaterally, only if you have such a desire - no, you can’t.

The procedure for renouncing paternity (although it cannot be called such) can be implemented in two ways.

1. Challenging paternity in court through DNA testing or without it, if the defendant agrees with the claim.
2. Refusal of paternity with consent to deprivation of parental rights and adoption of your child.

All of the above methods are possible only in court.

Contrary to popular belief, voluntary and unilateral renunciation of paternity does not exempt the father from child support.

On the Internet you can often find recommendations from advisers who are clearly inexperienced in law, who recommend the following procedure for voluntary renunciation of paternity and getting rid of alimony:

1. The father refuses to support and raise the child.
2. Writes a written denial of paternity, certified by a notary.
3. Then the guardianship or the mother of the child goes to court with a claim to deprive the father of parental rights.

In this order, everything is true, except for the main thing - the father of the child will pay alimony in any case, even if he gives consent to the adoption of the child! Only a completed adoption (which may not take place) cancels his obligations to support the baby, since a kind of transfer of paternity occurs.

If such problems do not frighten a negligent parent, he can always send the corresponding voluntary renunciation of paternity to the guardianship authorities or to the court (if a case of deprivation of parental rights is being heard there). The further procedure will be a matter of technique - he will simply be deprived of parental rights, relieving him of the burden of paternity. But not from the burden of financially supporting the baby.

A sample waiver is posted below.

Download a sample of voluntary renunciation of paternity upon deprivation of rights

IMPORTANT: Once again, please note that such an action does not release the father from child support until the child is adopted. And as practice shows, if the child’s biological father is quite solvent, then the mother of a minor is sometimes against the adoption of the baby even by her second husband.

A similar application can be filed in court if the child’s real biological father has filed a lawsuit to challenge his parenthood. Voluntary renunciation of paternity without an examination will simplify the introduction of changes in the child’s vital record and relieve the formal father of obligations.

Remember that recognition of another person as the father of a child exempts the parent formally registered with the child from alimony.

How to renounce paternity voluntarily (by mutual consent)?

Another quite common situation is the consent of the child’s mother to the man’s renunciation of his parental rights.

This is quite possible and acceptable in cases where:

• The child’s mother knows that the child’s father recorded in the registry office is not actually him;
• The child’s mother already has a new family and her man is ready to take on all the responsibilities of raising the child, while the baby’s biological father does not pay any attention to him.

In this case, the parties can formalize a voluntary renunciation of paternity through a statement of claim to challenge paternity.

Procedure, procedure

There are two options for challenging paternity.

1. When the registered father of the child files a claim against the child’s mother with a corresponding demand.
2. When the child’s biological father files a claim against the child’s formal (i.e., entered in the registry record) father.

As a general rule, a child born in a marriage, and within 300 days from the date of divorce, the father is registered as the husband of his mother. Often in such cases, the formal father of the child is not his biological father at all, since the actual relationship of the spouses was terminated long before conception. But the rights to a child after a divorce are retained in any case.

If both the formal father and mother of the child recognize and understand this, nothing prevents them from voluntarily filing a renunciation of paternity through the court.

IMPORTANT: DNA testing may not be required in this case if all participants in the lawsuit support the claims. On the one hand, this creates a risk of error, for example, when the disputed biological paternity is correct, but according to procedural law, recognition of the claim entails automatic satisfaction of the requirements

.

To obtain a voluntary renunciation of paternity, the following steps must be followed:

• A person claiming paternity must speak with the child’s legal father, explaining the situation to him;
• Once an agreement is reached, the legal father is expected to confirm his renunciation of paternity in a court hearing: he needs to wait for the summons and not go anywhere. He can communicate his position to the court either in person at the meeting or by sending a petition;
• A person interested in renouncing paternity files a lawsuit in court. This can be the child’s legal father, addressing the baby’s mother, or the biological father, filing a claim against the legal father. Most often the first case occurs;
• Based on the results of the trial, if all parties agree with the claim, the court accepts the denial of paternity and makes a decision that changes the child’s legal record.

Cancellation of paternity in relation to a parent legally recorded in the act record does not entail any consequences for him, releasing him from responsibilities.

Any paternity claims are considered with the participation of:

These authorities carefully ensure that the interests of the minor are not harmed or that the child’s parents do not cause moral or other harm to him through rash actions. If you did not indicate the listed structures in the claim, it’s okay, the court itself will involve them in the case and notify them

Statement of claim for denial of paternity

• A plaintiff who is the legal father of a minor can sue only the child's mother, even if the child's real father is known.
• In the future, in court, the alleged father of the child may be involved as a third party.
• The claim is filed exclusively in the district court, since issues regarding children fall within the competence of this group of courts.

The claim itself can be filed either in person or sent by mail.

You can also second your representative; we will first issue a notarized power of attorney for him.

Form and content of the claim

The statement of claim to challenge paternity with the voluntary renunciation of the current father of his rights and obligations reflects:

• The name of the judicial authority indicating the exact address;
• Full name of the parties to the dispute, their registration addresses and actual location. Additional contact information may also be provided;
• Circumstances of the case, date of marriage, cohabitation. The circumstances of the birth of the child;
• Justification of the reasons for refusing (challenging) paternity;
• Evidence and arguments;
• Position on the case - for example, voluntary renunciation of paternity by the plaintiff;
• Request to the court;
• List of documents and personal signature.

The document is executed in printed form and submitted along with a package of applications. Copies for the parties are made separately or photocopied. There is no need to certify or otherwise authenticate documents for other parties.

Sample claim for voluntary renunciation of paternity

Below is a sample of a claim to challenge paternity, where the father insists on his renunciation of paternity and agrees to a DNA examination.

When filing an application on your own, it is recommended that you consult with an experienced lawyer. The specialist will tell you what and how to write in the application, and at the same time tell you whether the chosen form is suitable for your situation. Our lawyers are ready to advise you free of charge at any time.

Required documents

All documents, information from which or evidence is mentioned in the application, must be attached to the claim.

What documents are needed under Art. 132 Code of Civil Procedure of the Russian Federation and what will need to be attached:

• A copy of the claim for the defendant;
• Copy of the passport;
• Child's birth certificate (copy);
• Information, characteristics;
• Evidence against paternity;
• Receipt of payment of the duty.

Almost all documents are submitted in copies. It is better to bring the originals with you to the court hearing to avoid their loss in court.

Expenses

When filing a claim, the plaintiff will have to pay a state fee of 300 rubles for each claim.

For the calculation, the amount of the duty for claims of a non-property nature established in Art. 333.19 Tax Code of the Russian Federation. There are no benefits for this category of cases, excluding disability of group 2 or more.

Additionally, you will have to bear the following expenses at your own discretion:

• To pay for a lawyer’s services to file a claim;
• To pay for a representative in court;
• To pay for a genetic examination, if one is carried out with a result different from that stated by the defendant.

Example: Plaintiff Petrov filed a lawsuit against his ex-wife to challenge paternity, indicating that before the divorce he had not lived with his wife for a long time and was sure that the child was born from her lover. In court, Petrov declared a voluntary renunciation of paternity, insisting on challenging his paternity.

At the request of the wife, a DNA examination was carried out, which established that the disputed child was Petrov’s own son with a 99.9% probability.

The costs of the examination had to be compensated by the plaintiff, and the court rejected the claim, since denial of paternity in the presence of signs of paternity confirmed by genetic research is impossible.

Consequences of failure

Depending on the development of events, various consequences may occur for the father of the child.

1. Voluntary renunciation of paternity is made by mutual consent of the formal and biological father with the support of the mother. In this case, no alimony is paid, and the man recorded as the father on the birth certificate is excluded from it.
2. The plaintiff challenged paternity through an examination . This will have similar consequences as stated above. The mother of the child will have to find out who the father of the child is and recognize paternity in court.
3. The child's father decided to formalize a renunciation of paternity and file for guardianship . The guardianship authorities filed a lawsuit to deprive the father of parental rights and, despite the father’s consent to the adoption of the child in his voluntary refusal, he remained obligated to pay child support until a new family was found for the child.

Need a lawyer

Paternity issues are always associated with complex legal proceedings, and their complexity lies both in legal and psychological terms.

Our lawyers are ready to provide free and comprehensive advice, giving timely and relevant advice on tactics to protect your interests when challenging paternity or voluntarily renouncing it. Enlist the help of professionals before an important decision in your life.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Read also: At what age to enter kindergarten: Moscow started admitting children from 2.4 years old to full-day groups

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Source: http://allo-urist.com/dobrovolnyj-otkaz-ot-ottsovstva/

Renunciation of paternity: how to register voluntarily, by mutual consent, procedure and sample application

Renunciation of paternity is a voluntary declaration by the father of the loss of legal relationship with his child. The Family Code does not have a single norm fixing the procedure for abandoning a child.

This is due to the fact that Russian legislation guarantees all children the right to a full-fledged family, and providing the father with the free opportunity to refuse parenthood at any time is a direct violation of the constitutional rights of children. But not everything is so categorical.

Abandonment of a child by a father is still permitted, but only in exceptional circumstances.

Is it possible to refuse paternity?

According to the laws of the Russian Federation, there are only two options for how to abandon a child to the father. Namely:

• deprivation of parental rights;
• registration of consent for the adoption of a baby by another man.

This is an exceptional list of circumstances. Thus, whether paternity can be renounced depends on the reasons that the father pursues. But before starting the procedure, you have to understand that the parent will have to face irreversible consequences, regardless of the chosen method.

The correct procedure for how a man will be deprived of paternity provides for the following features:

• Only judicial proceedings are permitted;
• the judge’s decision is for an indefinite period, but after six months there is an opportunity to restore the lost legal relationship;
• the deprived man continues to pay alimony for the maintenance of children and spouse (if there are grounds for this).

Writing an application to renounce paternal claims and terminate legal relationship in order to allow children to be adopted by another man does not have retroactive effect. That is, it will no longer be possible to restore lost rights. As a bonus, the biological dad is relieved of the responsibility to financially support his child.

Attention! These two methods allow you to register the abandonment of a child by the mother. And in practice, unfortunately, such cases are not uncommon.

If I renounce paternity, do I have to pay child support?

Alimony is not a way of punishing a parent living separately, but one of the mechanisms for protecting the rights of minor children. Therefore, even after registering a divorce, the spouses continue to jointly support their common child: one voluntarily, and the second forcibly through the collection of alimony payments.

Depending on how the man decided to renounce paternity, the need for further transfers of money to the kids will depend.

Thus, deprivation of parental rights provides that the spouse (ex-husband, common-law partner) loses only parental rights (participation in education, communication, determination of the surname and place of residence of children), but the full package of responsibilities remains with him. This also applies to alimony.

Official deprivation of paternity does not relieve the obligation to support the child, therefore child support will continue to be paid until the children reach adulthood.

Renunciation of children for the purpose of their further adoption by the “new” dad does not have retroactive effect. And after signing a voluntary notarial agreement between the participants, the parent loses both rights and obligations.

This is due to the fact that now the responsibility to financially support the child falls on the shoulders of his adoptive parent.

Refusal of paternity/maternity by mutual consent of the mother and father deprives the parent of the obligation to pay child support to the spouse or children.

Denial of paternity in court (statement of claim)

There is not only a voluntary way to abandon your child, but also a forced procedure considered in court. This is deprivation of parenthood as a punishment for failure to fulfill the duties entrusted by law. In this case, the procedure for resolving the conflict will look like this:

1. Submitting the claim and the full package of collected documents to the court division (usually located at the defendant’s place of residence). The plaintiff in the case can be the mother of the children (common-law wife, a woman who is currently married or divorced), a representative of the guardianship authorities or a prosecutor.
2. Acceptance of the claim for consideration, setting the date for the first meeting and sending summons to all participants.
3. Resolution of a specific dispute. Each participant is empowered to prove their point of view and personal correctness. The defendant may make a counterclaim at the hearing.
4. Issuance of a judicial verdict and its entry into legal force. Disputing the results is possible within one month from the date of resolution of the dispute.
5. Contacting the civil registry office to obtain a new birth certificate for children.

During the consideration of the conflict, the defendant can issue a waiver of the father's parental rights completely voluntarily. Or declare their reluctance to admit the claim and their desire to maintain a legal relationship with the children.

The second method, when the resolution of the conflict goes to court, is the filing of a unilateral lawsuit by the father, who doubts his biological relationship with the child. In this case, by mutual consent of the participants, a DNA examination must be carried out in order to establish the joint genetic markers of the father and the baby.

Attention! A positive result of the examination cannot be disputed, but a conclusion with a negative result may lead to a repeat DNA test.

Another feature of the procedure is that the court decision will be made taking into account the interests of the children, that is, the benefit for the child will be taken into account if his father is absent in later life. Financial issues are also additionally resolved, that is, the obligation to pay alimony, the methods and frequency of their calculation are fixed.

A sample statement of claim for deprivation of parental rights can be downloaded here

Renunciation of paternity by mutual consent from a notary

There are certain reasons why, biologically, a father is ready to voluntarily give up his children, but not out of self-interest, but out of a desire to benefit his children. This is possible in the following cases:

• the father himself does not have the financial ability to provide for the child, but the ex-wife’s new husband is ready to assume all financial obligations, but only after the adoption procedure is completed;
• the father lives abroad and cannot maintain constant contact with the children, and the child, for the purpose of education, requires regular travel abroad of Russia, which requires the notarized permission of the father.

In the first case, there is a contender who is ready to take on financial obligations. Then the refusenik is released from the obligation to pay alimony. In the second case, there is no such person, and therefore the child will have to be additionally supported until he comes of age or until adoption.

Thus, you can draw up a waiver application from a notary with or without indicating a specific legal successor. The appeal is written in free form, but the notary must have a sample of such an appeal.

The following features should also be taken into account:

• in the absence of a foster parent, you will additionally have to go to court to satisfy the decision to deprive rights and to collect alimony;
• the total cost of such claims is 350 rubles (if the petition is prepared unilaterally not from the father, then the cost of court services will not be considered, since the second parent acts in relation to the children).

Notarized abandonment of a child by the father (sample consent for adoption)

As noted above, the participation of a notary in the procedure is mandatory. It is assigned the following functions:

• identification documents of applicants;
• confirmation of a joint desire to renounce maternity rights (no one can force the father to renounce paternity);
• confirmation of legal capacity of persons;
• checking the rules by which the application must be drawn up;
• elimination of legal errors;
• signing the document and registering it.

Only after information about the application is entered into the register is it considered to have entered into legal force.

Officially, the preparation of the application must take place directly at the notary's office. Also, you additionally need to take into account that the document needs to display the following information:

• personal information of the parties;
• details of Russian passports of participants;
• information about the child;
• data on registration and divorce, as well as on the circumstances of the birth of children;
• display of a desire to end kinship with children;
• a description of the reasons and reasons why the man decided to do this;
• familiarization with the fact that such a decision is irreversible and cannot be reversed;
• familiarization with the consequences of the decision made;
• signature and date of application.

It is extremely rare for a court to decide to refuse such a request. Especially if the guardian and the deprived parent made such a decision jointly in favor of the child.

A sample application for relinquishment of parental rights to a child can be downloaded here

Consequences of deprivation of parental rights and consent to adoption

Regardless of the method in which the relationship is terminated, the consequences for those involved will be as follows:

• impossibility of receiving an inheritance in the event of the death of children (the child remains the heir of the first priority until he is adopted by another man);
• loss of the right to state benefits and benefits (mothers of children are guaranteed recalculation of social benefits);
• prohibition on communicating with children and participating in their upbringing;
• inability to influence the future place of residence of your child.

As noted above, forced deprivation or restriction of parental rights provides for the possibility of establishing a legal connection between the father and the children. But voluntary renunciation of paternity does not provide such an opportunity. This decision is valid indefinitely.

Source: https://AlimentOff.ru/brak/kak-otkazatsya-ot-ottsovstva-dobrovolnyj-ili-sudebnyj-poryadok

Renunciation of paternity: procedure, what is needed - renunciation of paternity by mutual consent

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Every person has biological parents - a father and a mother. Biological parents are not chosen or changed. Just like they don’t choose or change children.

The law protects the family, parenthood and childhood. Therefore, in Russian legislation there is a ban on unjustified refusal of paternity or maternity.

How does it happen that parents officially abandon their children?

Most often, it is men who express their intention to give up parenthood. There can be many reasons for refusal: starting with a banal reluctance to pay alimony, ending with doubts about the true origin of a son or daughter.

Sometimes mothers also take the initiative to renounce paternity: they do not need help in raising and supporting children, they are not afraid of the status of a “single mother”, they are not stopped by the procedure of genetic examination and the painful process of depriving the father of parental rights.

For these parents, the only question is how to legally formalize the abandonment of the child. And about whether a father who is no longer a father should pay child support.

How to renounce paternity

Is it possible to refuse paternity?

According to Russian legislation, a mother and father do not have the right to relieve themselves of parental obligations in relation to their own children (Article 80 of the Family Code), but may lose their rights to a minor child, which means:

• not to take part in the development and upbringing of the child’s personality;
• not to defend the interests of the child in government authorities;
• not receive benefits and allowances due to parents;
• do not claim the child’s property after his death;
• do not receive financial support from your own adult child.

At the same time, the parent retains the obligation to provide for the child whom he abandoned - until he reaches the age of majority (except for the cases specified in Article 85 of the RF IC) or until the child is adopted by another person.

• In addition, renunciation of paternity does not deprive the child of inheritance rights in relation to the testator father.
• So, it is impossible to waive parental rights without reason.
• But probably:

• challenging paternity;
• transfer of paternity to another person (through adoption).

Read also: Transporting children on the train: tickets for infants, up to 5 years, travel without parents

Challenging paternity

You can challenge your paternity only in court. The father has the right to file a claim if, at the time of recording his name on the child’s birth certificate, he did not know that he was not the father. Claims may be based on the result of a genetic examination or other evidence (for example, confirmation of the fact of deception by the child’s mother).

If the court determines that the man is not the father at all, he loses parental rights and relieves himself of parental responsibilities. In particular, alimony obligations.

If he knew that he was not the father, but still wrote down his name on the child’s birth certificate, he does not have the right to challenge his paternity.

Transfer of the right to adoption

If there are no grounds for challenging, it is impossible to renounce parental rights. Unless - to transfer your paternity to another person through the procedure of adoption.

For example, this is possible if the child’s mother has entered into or is about to enter into a marriage relationship with a person who is not against adoption.

How to renounce paternity voluntarily (by mutual consent)

In this case, the current father must write a voluntary refusal with consent to the adoption of the child. This document must be prepared only in writing and certified by a notary.

How to draw up this document correctly? In addition to information about yourself and the child (full name, date and place of birth, place of residence, registration numbers of documents), the document must indicate the following:

• renunciation of paternity - conscious and voluntary;
• the man gives consent to deprive himself of parental rights and to have his child adopted by another person;
• the father realizes that it will be impossible to cancel the refusal;
• The mother's parental rights are retained.

How to transfer paternity?

Voluntary renunciation of paternity is the basis for depriving the father of parental rights. The father's consent to adoption is an opportunity for another person (usually a stepfather) to become the father of children.

Procedure:

1. The mother must apply to the court with a claim to deprive the father of parental rights, attaching as the main justification and evidence - the father’s refusal of the child (drawn up in writing and certified by a notary);
2. A person who expresses a desire to become the father of a child must file a claim for adoption.

The court, together with the guardianship and trusteeship authority and the prosecutor, can decide on the transfer of paternity from one person to another. If this happens, the man will no longer have paternity rights or responsibilities. In particular, his alimony obligations will be lifted.

What documents are needed to renounce paternity?

The main document is the above-mentioned abandonment of the child, drawn up in writing and notarized.

When contacting a notary, the father must have with him:

• passport
• birth certificate (passport) of the child,

as well as funds to pay for notary services.

Deprivation of father's parental rights

It is possible to deprive a father of parental rights on the initiative of the mother (by the way, it is also possible, on the contrary, to deprive a mother of parental rights on the initiative of the child’s father. But since this article deals with the renunciation of paternity, we are considering only the deprivation of parental rights of the father).

When filing a corresponding claim in court, the mother must provide convincing evidence that the father does not use his rights (or, conversely, abuses them) and does not fulfill his duties towards the child.

The grounds for depriving a father of parental rights may be:

• malicious evasion of payment of alimony;
• cruelty towards a child, physical or mental violence against a child;
• chronic drug addiction or alcoholism, leading an immoral lifestyle;
• intentional crime against a child.

Voluntary renunciation of paternity can also be regarded by the court as grounds for depriving the father of parental rights, since it essentially corresponds to the provisions of Art. 69 of the RF IC - evasion of parental responsibilities.

The consequence of termination of parental rights is the loss of all legal benefits of parenthood. The child retains his rights to receive alimony from his father, who has been deprived of parental rights, until he is adopted by another person.

Documents for depriving a father of parental rights based on refusal

First of all, you need to prepare a legally competent and convincing statement of claim for the court to deprive the father of parental rights.

The statement of claim must be accompanied by a written and notarized refusal of the father from the child, as well as other documents, the full list of which will depend on the specific circumstances:

• child's birth certificate;
• marriage/divorce certificates:
• notarized consent to adopt a child;
• a housing inspection report drawn up by a representative of the PLO,
• certificates of income of the father and mother, as well as the person who is applying for adoption of the child;
• medical certificates;
• characteristics, testimony;
• police reports, judicial acts on prosecution;
• expert opinion (or judicial act) establishing or refuting the fact of paternity;
• other documents.

On our portal you can get free legal advice regarding the preparation of a package of documentation that may be required in the process of considering a case on depriving a father of parental rights and adopting a child. Ask a question via chat or call the hotline and get competent legal advice.

Let's summarize. Payment of child support in case of denial of paternity

Many fathers are interested in the only question - how not to pay child support? One of the legal ways to free yourself from child support obligations is to renounce paternity. But! This method is very risky and complex, and also entails irreversible legal consequences - breaking any legal connection between parent and child.

For those who want to take risks and are not afraid of difficulties, let us briefly summarize the above.

It is simply impossible to renounce paternity - the child cannot be “nobody’s.” The exception is…

• challenging paternity (“This is not my child!” and genetic examination);
• transfer of paternity to another person (voluntary refusal, consent to his adoption).

The positive outcome of the case in both cases is the right to release the “former” father from child support obligations in relation to the “former” child. After all, no one is obliged to support other people's children.

Deprivation of parental rights is a procedure the consequence of which is not an exemption from paying child support . Having been deprived of absolutely all rights in relation to the child, the father is not deprived of his responsibilities (including alimony obligations) - until the child reaches adulthood or is adopted by another person.

VIDEO:

Source: http://law-divorce.ru/otkaz-ot-ottsovstva-i-alimenty/

Refusal of paternity: grounds, procedure and consequences

Often men try to give up their parenthood. The father may have many reasons for this: from the usual reluctance to pay alimony to doubts about his blood relationship with the child.

There are cases when the mother initiates the denial of paternity.

The law does not provide for voluntary renunciation of paternity; this procedure can only be carried out through the court and for this you will have to provide weighty arguments and evidence.

Concept and general provisions of renunciation of paternity

Unfortunately, denial of parental rights is a fairly common occurrence. To challenge paternity, you will need to obtain a court decision depriving the father of parental rights. In accordance with Art. 72 of the RF IC, a parent has the right to challenge the court’s decision and try to restore parental rights. Also, in addition to depriving the father of his rights to the child, the court has the right to limit them.

The following people can go to court to deprive a father of his rights:

• parents indicated on the birth certificate;
• biological parents not listed on the birth certificate;
• guardians and trustees;
• persons who have a dependent child;
• a child who has reached the age of majority;
• prosecutor or guardianship officer, if there are compelling reasons and evidence.

There are situations defined by law when a case of challenging paternity is not considered by the court (Article 52 of the RF IC):

1. If at the time of recording the child’s birth data in the registry office, the father knew about the absence of a biological relationship with the child.
2. If there is written approval from the actual parent for the use of artificial insemination.

Voluntary renunciation of paternity is essentially the same as renunciation of the duties and rights of a parent. The legislation of the Russian Federation does not provide the opportunity to voluntarily renounce paternity; this is only possible in court. The refusal procedure can be carried out by mutual consent of both parents to complete it.

The situation will be more complicated if one of the parents is incapacitated or died, since renunciation of paternity on a voluntary basis implies full awareness by the father of the child of the consequences of depriving the parent of rights and responsibilities in relation to the child, their complete cessation.

When the procedure for renunciation of paternity is completed, paternal rights will be transferred in favor of the mother or adoptive parent, or they may be completely terminated. Transferring parental rights to another person requires mandatory certification of documentation by a notary. If the child is over 18 years old, then filing an application to renounce paternity of the child is impossible. Article 61 of the Family Code states that the rights and responsibilities of parents cease from the moment the child reaches adulthood.

The procedure for voluntary renunciation of paternity

A common situation is when the mother agrees to the father giving up parental rights. This is possible if the child's mother:

• knows that the father registered in the registry office is not the biological father;
• entered into a new marriage and the spouse agrees to assume parental responsibilities in relation to her child, while the actual father does not pay due attention to him.

If these circumstances exist, parents have the right to formalize a voluntary renunciation of paternity by filing a claim in court. The application indicates the requirement to challenge paternity.

The procedure for challenging paternity can be initiated:

1. The father entered on the birth certificate by filing a claim against the mother of the minor.
2. By the biological father, by filing a claim against the parent entered in the deed register as the father.

According to the general rules, if a child was born in marriage, the mother's husband is included as the father. The same rule applies for 300 days from the date of dissolution of the marriage.

Often, the formal parent is not the child's biological father, since in the event of a divorce, the relationship ends even before conception.

But at the same time, the rights to the child after divorce still remain.

If both parents recognize this fact and agree to formalize the renunciation of paternity, then the procedure takes place voluntarily through the courts. If the participants in the court hearing support the demands expressed in the statement of claim, then genetic DNA testing may not be required.

Read also: Maternity capital for the first child from 2020: amount, where to apply, documents

To obtain a voluntary renunciation of paternity, you must go through the following stages:

1. A person who claims to be a parent must have a conversation with the formal father and explain the situation to him.
2. If an agreement has been reached, then the formal father must wait for the court summons and not travel outside the city. Further, he confirms his renunciation of paternity in court by announcing this in person at the meeting or by sending a written petition.
3. The person initiating the voluntary refusal files a claim in court. This may be the appeal of the biological father to the legal one, or the appeal of the legal father to the mother of a minor. Most often in judicial practice the second case is considered.
4. If the parties agree with the claims, then at the end of the court hearing a decision will be made indicating the renunciation of paternity and changing the registration record in the civil registry office.

Completion of the procedure for revoking paternity will not entail any legal consequences for the legal parent who was recorded on the birth certificate and completely releases him from parental responsibilities.

According to the law, all claims related to paternity are considered with the participation of a prosecutor and an employee of the guardianship authorities.

Representatives of these authorities seriously monitor the interests of the minor so that the child does not suffer moral or other harm.

It is not necessary to indicate in the claim the employees of the structures as participants in the court hearing, since the court will independently involve them in the consideration of the case.

Required documents

You will need to submit an application to the court, certified by a notary. Also, with mutual consent of the parties, an application can be submitted to the guardianship and trusteeship authorities.

Contents of the application for submission to the guardianship authorities:

• name of the organization where the applicant is applying;
• actual address of the authority;
• passport details, place of residence of the applicant;
• information about the minor and the reason for renouncing the rights to the child;
• the applicant's signature and date of submission of the document.

After submitting the application, a trial will follow to deprive parental rights.

When the application is submitted directly to the judicial authority, it states:

• name of the judicial authority;
• information about the plaintiff and defendant (residence address, passport details, contact phone number);
• details of the representative, if available;
• information about the child, birth document or passport details;
• information about the date and place of marriage and divorce, as well as the date of termination of the spouses’ cohabitation;
• grounds for termination of parental rights, evidence of these grounds;
• the essence of the claims;
• list of attached documents;
• date of filing the claim and signature of the applicant.

The following package of documents must be attached to the application:

• a certificate indicating the place of residence of the minor;
• copies of the plaintiff’s passport, birth certificate or child’s passport;
• a copy of the statement of claim;
• a copy of documents confirming the fact of marriage or divorce;
• a receipt indicating payment of the state duty;
• evidence that will support the basis of the claim.

Upon completion of the trial and a decision in favor of the applicant, it is necessary to contact the registry office to make changes to the record book and obtain a new birth certificate.

The process of renouncing paternity will be completed faster if the renunciation is made in favor of another person, the child’s adoptive parent. A DNA test, which will confirm the absence of consanguinity between father and child, will also speed up the process. The court allows the presentation of witnesses who can confirm that the father is not fulfilling his duties in raising and maintaining the child.

Registration of consent for the adoption of a child by another person

When an application is made to waive the rights of a parent in favor of the child's adoptive parent, written approval of the adoption and consent to the transfer of responsibilities for the minor will also be required.

First, a person planning to adopt a child must contact the guardianship and trusteeship authorities. When considering the case, the consent of the actual father is required. Consent is drawn up in writing and certified by a notary or guardianship authorities. In accordance with Art.

137 of the RF IC, the decision made by the court completely terminates the rights and obligations.

We must not forget that if the child is 10 years old at the time of applying to the court, his consent to adoption is required. But at the same time, part 2 of Art. 132 states that if a minor has lived for a long time with a person intending to adopt him and considers him to be his father, then in this case the child’s consent is not required.

When consent from the de facto parent is not required to carry out the procedure for renouncing paternity:

• if it is not known where it is;
• if he is declared incompetent;
• if he does not take part in the child’s life;
• upon loss of paternal rights.

To deprive a legal father of parental rights, it is necessary to provide the court with compelling evidence.

Source: https://lawinfo24.ru/family/alimenty/dobrovolnyj-otkaz-ot-otcovstva

How to renounce paternity in 2019: by mutual consent, without trial

After family breakdown, some men stop contacting their children. But due to the fact that all fathers are endowed with obligations to support and raise minors, many begin to be interested in the question: how can one renounce paternity? The legislation in this situation protects the interests of the child, so this procedure is very complex.

Is it possible to renounce paternity?

It is not possible to renounce parental responsibilities on your own without a trial. This procedure is only possible in certain situations:

1. Refutation of paternity through a court by mutual consent with the defendant. DNA testing may be carried out during the proceedings.
2. Loss of parental rights and the possibility of adopting their children in the future with deprivation of paternity.
3. If the children are ready to be adopted by another person who will assume obligations for their upbringing and financial support.

But even after deprivation of parental rights, the obligations for child support do not disappear. Only in the event of a fait accompli of adoption by another man does the father cease to support his child.

In accordance with family law, a father may lose parental rights due to improper execution. The consequences of this procedure will be:

• lack of opportunity to participate in the educational process;
• loss of benefits and social payments due to children;
• a citizen deprived of parental rights cannot represent the interests of children in government agencies;
• in the event of the death of a child, the parent cannot be an heir;
• in old age, the father has no right to claim financial support from the child.

At the same time, a citizen deprived of the rights of a parent does not lose obligations to support the child until he reaches adulthood. The exception is situations defined by Article 85 of the RF IC. While a child left without a father will be the heir of the first line.

Refusal procedure

In order to voluntarily renounce paternity, a citizen will initially need to send a corresponding application to the court and representatives of the guardianship authorities. Next, the father must go to a notary to obtain consent to adopt the children:

• the document may contain specific information about the new adoptive parent;
• It is possible to obtain a permit without providing this information.

After the start of the procedure, the applicant can withdraw his request to transfer parental rights to another citizen within six months. After collecting the necessary documentation, you can contact the district court.

List of documentation

To go to court, the applicant will need to support the claim with the following list of documentation:

• additional duplicate claim for the responding party;
• copy of civil passport;
• written consent to adoption;
• certificates from work confirming the income level of the father, mother and applicant for adoption;
• protocol from the guardianship authorities on inspection of the plaintiff’s home;
• a copy of the marriage certificate or divorce;
• a copy of the child's birth certificate;
• characteristics from the place of work;
• documents confirming the absence of blood ties between the applicant and the minor;
• a copy of the receipt for payment of the state fee in the amount of 300 rubles.

Additional evidence and documentation may be required and will depend on the specific situation. In order to avoid loss of official documents, it is recommended to attach only copies of them to the claim. The originals may be kept with you during court proceedings.

Rules for filing a claim

The claim will be accepted for proceedings only if all requirements are met. The document must contain the following information:

• on the right side of the top of the sheet the name of the judicial authority, personal data of the plaintiff and defendant (mother of the minor) are indicated;
• the “body” of the document must display facts and evidence confirming the legality of the claims, and references to legal acts must be indicated;
• the following is a list of documentation attached to the claim;
• The application ends with the date of its preparation and the signature of the plaintiff.

Download a sample application for relinquishment of parental rights

Paternity denial

A father may be released from parental obligations if paternity is established in relation to a child whom the man previously considered to be his own. But DNA testing will be required as proof. This examination will help to accurately determine the absence (presence) of blood ties.

In order not to pay child support, the plaintiff must convince the court that at the time of registration of paternity the child was considered his own. In this situation, the law allows for the possibility of complete deprivation of parental obligations.

Transfer of paternal rights to another person

A similar procedure is also carried out in court and subject to a number of conditions:

• cases of renunciation of paternity and adoption will be considered in one proceeding;
• the claim must be accompanied by a notarized document confirming the fact of renunciation of the rights of the parent on a voluntary basis;
• The mother of the children and the adoptive parent must start a family.

If the claim is satisfied, the obligations for education and financial support rest entirely with the adoptive parent. If the child is over 10 years old, his opinion will be taken into account during court proceedings.

Refusal of adoption

In some families, the relationship between fathers and adopted children does not work out. If the child is not his own, then in accordance with Art. 140 of the RF IC, the fact of adoption can be canceled. Guardianship representatives and prosecutors will be present at court hearings.

The procedure is possible in certain situations:

• if the adoptive parent did not fulfill parental obligations;
• if facts of a man’s cruelty towards family members are proven;
• in case of alcohol and drug addiction;
• children's consent;
• lack of contact between the adoptive parent and the children.

The procedure for renouncing paternity of an adopted child is similar to the process of depriving the rights of a parent.

During the trial, testimony will be heard from neighbors, relatives, teachers and other citizens who can confirm the absence of normal relationships between the adoptive parent and the children.

Let's sum it up

Based on current legislation, you cannot renounce paternity on your own. A procedure for depriving a parent of rights is possible, this also applies to an adult child. The refusal itself, even if it is in writing, will not have legal force and will be accepted by the court.

Thus, legislators protect the rights of children, and the plaintiff will need to have compelling reasons to remove parental obligations.

Therefore, it is necessary to prepare for a long trial, collect all possible evidence and attract witnesses to the trial.

But it is worth considering the fact that the courts always take into account the interests of minors in such matters. Such claims are generally rejected by the courts.

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Source: https://pravovoiexpert.ru/roditelskie-prava/otkaz-ot-otcovstva/