In court, unscrupulous parents are deprived of parental rights in order to protect, first of all, the rights and interests of the child. Can parents voluntarily renounce parental rights, and how?
Instructions
Step 1
The peculiarity of parental rights is manifested in the fact that, in essence, these rights are at the same time the responsibilities of parents: upbringing, education in educational institutions and the maintenance of children. Therefore, the current legislation does not allow any waiver of parental rights, but provides for the possibility of deprivation or their limitation, as a type of family legal responsibility, if the parents fail to fulfill their obligations.
Step 2
At the same time, in some situations, the actions of parents that terminate their parental rights and responsibilities can be viewed as a waiver of parental rights. In particular, parents actually renounce their rights and obligations by giving consent to the adoption of a child by strangers. At the same time, it cannot be considered that they are deprived of parental rights as a measure of responsibility. A mother's refusal to take her newborn from the hospital can also be considered a waiver of parental rights.
Step 3
If you want to adopt your spouse's child, then the parental rights of the other parent must be terminated. First, find out whether the second parent is conscientiously fulfilling parental responsibilities: paying alimony, helping with the upbringing and education of the child, and ask if he is registered with a narcological dispensary, whether he was brought to criminal or administrative responsibility. Talk to this parent and ask him a question about his consent to your adoption of his child. If you agree, then ask him to issue a waiver of parental rights by writing a statement of consent to the adoption of a child and certifying it with a notary.
Step 4
Go to court for the adoption of the child. Attach to the application a certificate of your health, salary and no criminal record, as well as a statement by the child's parent of consent to adoption, which expresses a waiver of parental rights, and a statement by your spouse about your consent to the adoption of his child.
Step 5
If the second parent does not agree to the adoption of his child, then he will have to go to court so that the court first deprives him of his parental rights if there are grounds, and then the child was adopted.
