According to the law of the Russian Federation, parents have responsibilities for the maintenance of their children and upbringing, there is no voluntary avoidance of paternity in the legislation, there is no procedure for renouncing paternity, even if a person expresses a voluntary desire. But in principle it is doable, but only by a court decision. To file a waiver for paternity, you must write a statement of claim to the court at the place of residence of the defendant and collect the necessary documents.
It is necessary
- Statement of claim to the court.
- Receipt for payment of the state fee.
- A document certifying the authority of the representative.
- Documents directly related to the conduct of the process (birth certificate of a child, marriage certificate, characteristics, evidence of the impossibility of exercising parental rights, etc.).
Instructions
Step 1
Go to the district court of your place of residence with the required documents. Wait for the trial. If necessary, hire a lawyer to protect your interests, or represent your interests yourself. The court session is held in the composition of the prosecutor, guardianship and guardianship authorities, district courts, in accordance with paragraph 4 of Part 1 of Art. 23, art. 24 Code of Civil Procedure of the Russian Federation.
Step 2
Write an application for filing a waiver of paternity. In the course of the trial, there will be an opportunity for a written agreement between the plaintiff and the defendant to deprive him of parental rights. The court satisfies the petition of the plaintiff, the prosecutor, and the guardianship authorities do not interfere. At the same time, a decision is made to collect alimony for the maintenance of a minor child.
Step 3
Explain the reasons for the deprivation of parental rights. The reason may be the refusal to take the baby from the maternity hospital, hospital, other childcare institution, abuse of their rights, rude attitude towards the child, demonstration of cruelty and sexual harassment. Also, if the parents are drunkards, drug addicts, commit criminal acts in relation to another spouse or children.
Step 4
Get a court decision. The basis in the case of deprivation of parental rights may be in accordance with paragraph 2 of Art. 69 of the Family Code of the Russian Federation, evasion of the duties of parents and "malicious evasion of the payment of alimony." There is deprivation of parental rights, which exempts children from the obligation to care for and support their parents in old age, abolishes benefits and payment of state benefits. But deprivation of paternity does not exempt from the obligation to maintain a child (paragraph 2 of Article 71 of the IC RF), which is terminated only with his adoption by another parent.
