Refusal of paternity: causes and consequences

In legal practice, there are oftensituations that may contradict our moral, moral notions. For example, the rejection of paternity. Let's take an impartial look at the situation, as they say, from a technical point of view: its causes, consequences, procedure.

Is it possible?

And is it real, in general, the rejection of paternity involuntary order? No. The current legislation holds such a decision under the ban. Parental rights are something that is protected by the state. Therefore, by their own decision, it is simply impossible to abandon them. In addition, such a refusal directly affects the interests of the minor, which is also not approved by the state, whose priority is full families.

So in what way can renunciation of paternity be possible? After all, examples of incomplete families, unfortunately, in our country a huge variety. The first way is to deprive the father of parental rights.

Deprivation of paternity = deprivation of parental rights

Define the terminology.Deprivation of parental rights is a legalized interruption of a kinship relationship. Produced by a court decision. The biological father or mother in this case, lose their rights and responsibilities of the parent.

The procedure of Art. 69 of the Russian Family Code. Deprivation of parental rights (in our case - renunciation of paternity) should have serious reasons:

• Child abuse.
• Violence (psychological, physical) in relation to children, the child.
• Committing a crime against a child or his mother.
• Malicious ignoring the payment of alimony.
• The presence in the father or mother of addiction - narcotic, alcoholic, psychotropic.
• Abuse of their parental rights.
• Declination of the child to immoral behavior - begging, stealing, prostitution, drug and alcohol use.
• Obstruction of the child's education.
• Neglect of duties of the father or mother in relation to the son, daughter.

Art.70 The CC of the Russian Federation prescribes that deprivation of parental rights is possible only by a court decision. The initiator of the proceedings can act as a second parent, as well as specialized state bodies. The question is necessarily considered in the presence of the employee of the guardianship and guardianship system.

Against the background of all that has been said, it must be noted that an extrajudicial voluntary renunciation of paternity in Russia is impossible.

Consequences of failure and alimony

Some citizens believe that giving up paternity is a way to avoid paying alimony. But is it? Let's consider the issue from the point of view of legislation.

The law says that depriving a citizen of the legal status of a parent can not abolish the fact of biological kinship, and also negatively affect his child or children.

Art. 71 of the Russian Family Code just the same tells about the consequences of the renunciation of paternity:

• A father deprived of parental rights can notreceive from the state system any benefits related to parenthood. And also for him are not available guarantees that are provided by the state to the father or mother.
• The second part of Art. 71 The UK says that the deprivation of parental rights does not relieve the father of his duties. That is, from the payment of the same alimony.
• At the time of legal proceedings (Article 70 of the Criminal Code of the Russian Federation), the issue of calculating alimony and their amount is being solved.
• Refusal of paternity (by mutual consent - alreadyanother case) does not release the parent from payments for the maintenance of the child. But from a matured son or daughter alimony, such a citizen by law can not demand any more.

Let us also note the fact that even the rejection of paternity bymutual consent can not release the parent from paying alimony. The law does not allow the mother's refusal from such a child support allowance. After all, these are cash payments that are directed to the material stable provision of the minor. Refusal of them is a direct infringement of the rights of a young citizen.

Preservation of the rights of the child

Rejection of paternity (deprivation of parental rights) does not lead to the loss of some of the rights of the child. In particular, this is the following:

1. Use of a dwelling, where a minor lives.
2. Rights to property, if it exists.
3. Rights that flow from the fact of blood relationship. One of the most important here will be the right of inheritance - moreover as the property of the most refused father, and his relatives.

Alternative 1: challenging paternity

In any situation, alternative solutions are possible.To deprive oneself of paternity really through disputing such a fact. The procedure is also carried out through the court. The grounds for filing a claim may be two reasons:

• At the time of recording his name on the birth certificate of the child, the man did not know that he was not his biological parent.
• Conducted genetic examination showed that the plaintiff is not a biological father.

Other evidence may be cited in favor of the fact that the true father of the child is another citizen.

If the court confirms that the man is notthe biological father of the child or children, all parental rights and duties are completely removed from the citizen. These include the payment of alimony. However, there is one "but" - if during the recording of his name in the birth certificate of a child the citizen knew that he is not a biological parent, he can not renounce paternity. Also, you can not refuse this in the case when a man has given written consent to use someone else's biomaterial for artificial insemination.

Nuances of challenging paternity

It is not necessary to count citizens who challenged paternity,immoral. After all, the UK can automatically recognize as a father a man who is married to the child's mother, her ex-husband, if no more than 10 months have passed since the divorce. Even if the biological father of the child in fact will be another citizen.

The identity of the father in the birth certificate may be challenged:

• One of the parents, inscribed in the document.
• The child is at the age of 18 years.
• A real biological parent.
• Guardian of the child.

If a man has doubts about his own paternity, he must bring the following to the court:

• Medical certificate of the impossibility of having children.
• A document confirming his absence at the time of conception.
• Written testimony of persons who indicate that the biological father is another citizen.
• Examination of DNA.

Alternative option 2: transfer of paternity rights to another person

This is an example of the rejection of paternity by voluntary consent. For example, a mother marries another citizen who does not mind adopting or adopting a child.

How can a biological parent behave? The procedure for refusing paternity is as follows:

1. The biological father fills in the document on the voluntary renunciation of parental rights with the consent to the adoption of his child.
2. In the application it is obligatory to indicate your full name, the data of the identity document, date and place of birth.
3. Mention that the refusal of paternity is conscious and voluntary.
4. Indication that the man agrees to the deprivation of parental rights.
5. The citizen writes that he realizes the fact that it will be impossible to restore the status of the father (since the child is immediately adopted by another person).
6. A man should mention that he knows about the preservation of the parental rights of the mother.
7. A sample of the rejection of paternity explains the design of such a document. It must be certified by a notary.
8. With this statement, the mother goes to court - this is evidence for depriving the biological father of parental rights.
9. At the same time, the adoptive parent is sent to the judicial authorities with a desire to become the adoptive father of the child or children.
10. The court, together with the guardianship and trusteeship bodies, reviews the case, the enclosed documents.
11. Then the judge issues a verdict on the possibility or impossibility of transferring the rights to paternity.

If the decision of the court is positive, then the biological father is released from the parental rights and duties, including and from the payment of alimony.

Adoption without the consent of the biological father

Let us also note the fact that the consent of the man himself is not always required for the deprivation of paternity. The following are the exceptions:

• The biological father was recognized by the court decision as missing.
• For a disrespectful reason (from the point of view of the court), the parent does not live with the family for more than 6 months. Or six months does not contribute to the maintenance of the child.
• The man was declared incompetent by the court.

Paternity Recovery

Life is quite a perverse and unpredictablething. It is not excluded that after the application for the refusal of paternity the citizen again wants to regain his parental rights and obligations. And is this possible from the point of view of legislation?

Yes, in Russia such a procedure is permissible.A citizen must apply with a written application to the local judicial authority. The document is considered by the judge, after which a decision is made on the issue of the return of paternity.

The condition for the renewal of parental rights -a radical change in their way of life and attitude towards the upbringing of the minor for the better. The opinion of the representatives of guardianship and trusteeship agencies is obligatory. Family Code (Article 72) on the return of paternity prescribes to take into account the opinion of children who have reached the age of 10 years.

Having recovered in paternity, a citizen regains the fullness of his parental rights and duties.

Refusal to restore paternity

But a serious decision always has serious consequences. The court may well refuse to restore parental rights in such cases:

• A minor was adopted by another citizen - this fact can not be reversed.
• The child opposes the restoration of the father in parental rights.
• The court issued a verdict that the return of paternity will infringe on the minor's rights.

Refusal of paternity in mutual order orvoluntarily - in principle, a realistic solution. Although under the law it is associated with the deprivation of parental rights, there are alternative ways to solve such a delicate issue.