It's no secret that every child needs parents. However? what to do in a situation when one of the parents does not fulfill his direct duties, does not participate in the upbringing of the child - in fact, abandons the family? Unfortunately, in Russia there are a huge number incomplete families in which the upbringing of the child is entirely carried out by only one of the parents. Fortunately, another situation is not uncommon - when a parent left with a child forms new family, remarries or remarries, and the child actually acquires a second parent.

At the same time, it should be noted that from a legal point of view, the rights and obligations of a stepfather or stepmother in relation to a stepson or stepdaughter are extremely limited compared to parental rights and obligations. Moreover, the second parent in such a situation retains a legal relationship with the child, which can be highly undesirable in a situation where such a relationship is used by a parent who is not involved in the upbringing of the child for unfair purposes - for example, in order to manipulate the second parent.

One of the options to protect the child and his conscientious parent from encroachments of the second parent is the deprivation of parental rights. However, since the deprivation of parental rights is in the nature of a sanction, the law establishes a narrow list of grounds for its application, and the burden of proving their existence lies entirely with the plaintiff - which means that in the absence of flagrant violations by the parent who is deprived of parental rights, this procedure will be long, and its results will be ambiguous.

Another way to solve this problem is, in our opinion, the adoption of a child by a stepfather or stepmother is more optimal. In accordance with Article 137 of the RF IC, adopted children lose their personal non-property and property rights and are released from obligations towards their parents. At the same time, when a child is adopted by one person, personal non-property and property rights and obligations may be preserved at the request of the mother, if the adopter is a man, or at the request of the father, if the adopter is a woman.

Thus, the spouse of a stepfather or stepmother who adopts a child can retain parental rights in relation to the child - and the parental rights of the second parent who avoids raising a child are automatically terminated. At the same time, the law establishes a list of grounds under which the consent of the second parent for adoption is not required. Consent, in particular, is not required if, for reasons recognized by the court as disrespectful, the other parent has not lived with the child for more than six months and evades its upbringing and maintenance. It should be noted that the existence of this ground is much easier to prove than a malicious violation of parental duties in the event of deprivation of parental rights due to the fact that the legislator has indicated a clear time criterion - six months.

A stepmother or stepfather can adopt a child if they are not:

• incapacitated or partially incapacitated;
• deprived by the court of parental rights or limited by the court in parental rights;
• suspended from the duties of a guardian (custodian) for improper performance of the duties assigned by law;
• former adoptive parents, if the adoption is canceled by the court due to their fault;
• persons who, for health reasons, cannot adopt (adopt) a child;
• persons who do not have a permanent place of residence;
• persons who had a criminal record, are or have been prosecuted for crimes against life and health, freedom, honor and dignity of the individual, sexual integrity and sexual freedom of the individual, against the family and minors, public health and public morality, as well as against public safety, or having unexpunged or outstanding conviction for grave or especially grave crimes.

The adoption of a child takes place in judicial order in a special (indisputable) production. The guardianship and guardianship authorities, the parents of the child, the prosecutor, as well as the child himself, who has reached the age of 14, are necessarily involved in the case.

Based on our experience in supporting cases of adoption of children, contact with the guardianship and guardianship authorities should be established even before the application for adoption is submitted to the court - then they will be able to start preparing documents that will be required from them without fail in production: birth certificate of the adopted child , a medical report on the state of health, physical and mental development of the adopted child, the consent of the adopted child, who has reached the age of ten years, to adoption, as well as to possible changes in his name, patronymic, surname and the record of the adoptive parents (adoptive parent) as his parents, as well as the consent of the child's parents to his adoption. In addition, the guardianship and guardianship authorities send a request to the competent authorities about the availability of information about the deprivation of the candidate for adoptive parents of parental rights or the rights of an adoptive parent, guardian or trustee.

The following documents must be attached to the application for adoption:

What is the legal difference between the concept of deprivation of parental rights and consent to adoption?

Cardinal difference.
Deprivation of parental rights is possible only in court and only if the parent's guilt is proven in evading parental duties.
Consent to adoption is issued out of court and does not depend on the good faith of the parent, it is his will.

Deprivation of parental rights - only in court and only under the conditions specified in Art. 69 RF IC:
Parents (one of them) may be deprived of parental rights if they:
evade the fulfillment of the duties of parents, including in the case of malicious evasion from the payment of alimony;
refuse without good reason to take their child from a maternity hospital (department) or from another medical organization, educational institution, social service organization or similar organizations;
(in ed. federal laws dated 04/24/2008 N 49-FZ, dated 11/25/2013 N 317-FZ, dated 11/28/2015 N 358-FZ)
(see text in previous edition)
abuse their parental rights;
mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability;
are patients with chronic alcoholism or drug addiction;
have committed an intentional crime against the life or health of their children, another parent of the children, a spouse, including a non-parent of the children, or against the life or health of another family member.
Consent to adoption is the procedure required for adoption, except in cases specified in the law. Art. 129 of the RF IC: For the adoption of a child, the consent of his parents is required. When adopting a child of minor parents who have not reached the age of sixteen, the consent of their parents or guardians (trustees) is also required, and in the absence of parents or guardians (trustees), the consent of the guardianship and guardianship authority.

If it is difficult for you to formulate a question, call the free multi-channel phone 8 800 505-91-11 a lawyer will help you

If only it were so easy to terminate parental rights. That's why I wanted to cancel the adoption.

Cancellation is also not a simple matter, it is not easier than deprivation, and grounds are needed, and not just a desire ...
Article 141. Grounds for canceling the adoption of a child

[Family Code of the Russian Federation] [Chapter 19] [Article 141]
1. The adoption of a child may be canceled in cases where the adoptive parents evade the fulfillment of the duties of parents assigned to them, abuse parental rights, abuse the adopted child, or are ill with chronic alcoholism or drug addiction.

2. The court has the right to cancel the adoption of a child on other grounds, based on the interests of the child and taking into account the opinion of the child.

Anton Zharov, lawyer,

Often, potential guardians and adoptive parents, having applied to the guardianship and guardianship authority with a request to adopt or take custody of a child known to them who is in a children's institution, hear in response that this is “impossible”, because the child “has no status”.

Translated into a language closer to jurisprudence, this means that the parents of a child left without parental care and who is in an institution are still not deprived of parental rights.

In fact, the transfer of a child to a family (to other forms of placement, in addition to adoption) is possible at any time after the child is recognized as left without parental care (this, perhaps, should be called its “status”), regardless of whether whether or not his parents are deprived of parental rights. It is also possible to adopt a child whose parents are not deprived of parental rights, however, it is necessary to prove at the adoption court session that the parents evade the upbringing of the child and its maintenance, do not live with him for more than 6 months. As a rule, for a child in an institution, the collection of evidence does not raise questions: the courts accept certificates issued by a children's institution stating that the parents did not appear, and they do not receive money for the maintenance of the child.

However, guardianship authorities often try to first deprive parents of parental rights and only then transfer the child to a new family. There is a certain logic in this.

Indeed, the adoption of a child left without parental care, whose parents are deprived of parental rights, does not raise any additional questions from judges and prosecutors. However, if there are already potential adoptive parents, the deprivation of parental rights of the child's parents will only delay the adoption for another six months. In accordance with paragraph 6 of Art. 71 of the RF IC, the adoption of a child is allowed no earlier than six months from the date of the court decision on the deprivation of parental rights.

That is, by requiring first to deprive parents of their rights, and only then to adopt, the guardianship and guardianship authority puts potential adoptive parents in an “uncomfortable position”: if there is a child, it is impossible to adopt. No way. Even if there are other grounds established by Article 130 of the RF IC.

However, depriving the parents of a child left without parental care of parental rights is necessary.

In addition to the fact that the child is exempt from possible claims of biological parents, this allows for greater freedom to transfer the baby to the family. It is also important to bring legal circumstances (deprivation of parental rights to the child) to actual circumstances (the child has lost parental care).

A claim for deprivation of parental rights, in our opinion, should be filed by the guardianship and guardianship authorities, or the organization in which the child is left without parental care. Even in the case when the child is under guardianship or guardianship, the initiator of the deprivation of parental rights should be the body of guardianship and guardianship, as a body designed to protect the interests of the child.

It is certainly in the interests of the child to deprive the persons who abandoned him, who do not provide him with the necessary assistance in development, upbringing, maintenance, despite their obligation to do so, of their rights in relation to the child.

At the same time, the guardianship and guardianship authority (or, at its direction, the organization under whose supervision the minor is located) must, already at the stage of placing the child in an institution, take care of collecting evidence for the subsequent deprivation of parental rights. It is necessary to obtain a signature from the parents about the need to eliminate the violations of the rights of the child that led to its placement under the supervision of the organization, and then take the child home from it.

In the event that the child was abandoned by the mother, who presented identification documents, maternity hospital, hospital or other organization, the guardianship and guardianship authority is obliged to take measures to notify such a mother of the possible deprivation of parental rights and the need to pick up her child, to find out the reasons for such an act of the mother.

If the woman who gave birth to the child did not present identification documents, but left the child, then the medical organization is not entitled to indicate the surname, name and patronymic named by her as the mother's data in the medical birth certificate. In this case, the mother’s data is also not entered into the birth certificate of the child, and an act of abandonment is drawn up for the child with the obligatory indication that the mother’s data is recorded from her words, not documented.

There is no need to deprive such a mother of parental rights, since the child's parents are legally unknown, and he can be adopted at any time.

An undocumented mother cannot also issue a “child abandonment” (consent to adoption), since it is impossible to identify her, and such a refusal may not be accepted by the court. At the same time, it is not necessary, since the child of such a woman should not have an entry in the “parents” column, which means that they are legally unknown.

In the event of a subsequent appearance of the mother (before adoption), she must defend her rights to the child in court. If the child has already been adopted, then the recognition of the child by her mother is possible, but by virtue of the rules of Art. 139 of the RF IC, other information, except that the child was adopted, cannot be transferred to her, and the rights and obligations in relation to blood relatives (including the mother) and, accordingly, the rights and obligations of relatives in relation to this child are terminated.

As a rule, paragraph 2 of Art. 69 of the RF IC, since their parents obviously evaded their duties, leaving the child to the state.

On the norm of paragraph 3 of Art. 69 of the RF IC must be referred to if the reason why the mother (or father) refuses to take the child from the relevant organization is known.

If, prior to being placed in an organization for orphans, a child was subjected to cruel treatment, violence by parents, parents encroached on their sexual integrity, parents abused their rights (including by involving their children in illegal activities), regardless of when this happened, the question of depriving them of parental rights should be raised under par. 4 or 5 tbsp. 69 RF IC.

There are no questions about the deprivation of parental rights according to the norms of par. 6 and 7 st. 69 of the RF IC, if the parents suffer from drug addiction, alcoholism, have committed a crime against the life or health of their children or against the life or health of their spouse. The court can obtain data about this from the relevant certificates and sentences.

Despite the fact that deprivation of parental rights is a “last resort” of parental responsibility, it is necessary and always justified to apply it to parents whose children are left without parental care.

Opinions encountered among employees of guardianship authorities about the need to “enter the position” of the mother or father of the pupil orphanage has nothing to do with the law. The law rightly puts the interests of the child in the first place, as a moral and legal category. It is the interests of the child that determine the need to deprive parents of parental rights whose children are recognized as deprived of parental care.

If there are "good reasons" for which a parent can leave his child without care, then the list of them should be very, very modest. For other parents, parental termination claims should become almost automatic once their child is found to be without parental care.

Hello We live in the Murmansk region, in Moscow my mother and grandmother live, who told me about my relatives: my grandmother had a brother, my brother had a son who abused drugs, then alcohol, now he is disabled, he has been in the hospital for the third month. This son brought a girl from the road, they are not painted. She gave birth to a boy a year ago, the boy walks only with a walker, there is not a single tooth, he does not speak. The guardianship authorities came to the family and my grandmother was a witness, the question was raised about the removal of the child from the family. He fell in the hallway, the hole was covered with a carpet, a woman from custody stepped on and almost broke her leg, after which a commission was appointed. The child's parents were going to disperse by that time. They found the sister of the mother of the child and offered to pick up the child in case of seizure and deprivation of the parents' rights, to which she replied: She has five of them in orphanages and I will collect them all! At the commission, the parents reconciled, the next day another relative went to the guardianship authorities, what she did and said, no one knows, but the issue of seizing the child is closed. The grandmother takes care of the child, the mother of the child found a boyfriend and runs to him every weekend, she wanted to go there with the child, but guardianship did not allow - a hangout of drunks. There is dirt in the apartment, cockroaches are falling from the ceiling, they live on the pension of the grandmother and the father of the child, the mother spends what she earns on herself. The child’s grandmother borrows money from my grandmother regularly. The boy barely smiles loud sounds shudders. My husband and I are ready to adopt a boy, we have a daughter named Nastenka, who will be eleven this year. There are all conditions. What should we do? Is it possible?

The lawyer answered - Koroleva S.O.:

Hello Anna!
Adoption will become possible only if the parents are deprived of parental rights, because. adoption is possible only for children left without parental care.
Parents (one of them) may be deprived of parental rights if they:
evade the fulfillment of the duties of parents, including in the case of malicious evasion from the payment of alimony;
abuse their parental rights;
are patients with chronic alcoholism or drug addiction;
Deprivation of parental rights is carried out in a judicial proceeding.
Cases on deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, the application of the prosecutor, as well as on the applications of bodies or organizations that are responsible for protecting the rights of minor children (guardianship and guardianship authorities, commissions for minors, organizations for orphans and children left without parental care, and others).
If it is impossible to transfer the child to another parent or in case of deprivation of parental rights of both parents, the child is transferred to the care of the guardianship and guardianship authority.
Adoption of a child in case of deprivation of parents (one of them) of parental rights is allowed not earlier than six months from the date of the court decision on deprivation of parents (one of them) of parental rights.
Thus, you need to file applications and complaints with the guardianship authorities, the commissioner for the rights of the child, so that the process of deprivation of parental rights is initiated. Then you can apply for adoption.

In accordance with the legislation of the Russian Federation, each parent is obliged to perform certain actions for the provision and development of their children. Parents must educate and support their children.

Refusal to fulfill their obligations entails the restriction or deprivation of parental rights. Such issues are considered only in court.

From the moment the court decision comes into force, the consequences of deprivation of parental rights come for both parents and children.

The consequences of deprivation of parental rights are the loss of rights to a child, provoked by the negative behavior of parents and the conduct of an immoral lifestyle.

Termination of parental rights is a last resort. As a result of litigation, the mother or father will lose the following:

• all the rights that previously arose only because of the relationship with the child by blood;
• the right to receive benefits, alimony and various benefits that are provided by the state in the presence of a child;
• entitlement to future child support.

Despite this, neither the deprivation nor the restriction of parental rights releases the parents from their duties towards their child.

The consequences of deprivation of parental rights for a child are as follows:

1. The child retains the right of ownership or the right of use in relation to the dwelling.
2. The child has the right to receive the inheritance of parents and other relatives.

It is quite logical that the legislation excludes from the list of heirs of children such mother and father who were deprived of parental rights.

Depriving parents of rights and obligations in relation to the child, the law establishes the appropriate procedure.

It lies in the fact that it does not matter who takes care of the child - the second parent, foster family, guardian, trustee, representative of the orphanage.

The administration of the institution and the listed persons with whom the child lives have the right to present a statement of claim to the mother or father. In this application, they may demand the recovery of alimony from the parents for the upbringing of the child.

Because the disenfranchised mother or father is obliged to participate in the additional expenses for the child. This also applies to parents who are subject to restriction of parental rights.

In the case when a child lives with a mother or father deprived of parental rights, the court simultaneously considers and decides whether it is possible for them to continue living in the same living area.

Considering the case, the judge makes a decision based on certain circumstances and grounds for which housing was obtained.

If parents and children live in a room that is on the balance sheet of municipal or state bodies, then the deprivation of the rights of parents is the basis for their eviction without providing other housing.

When parents are restricted in their rights, they can live with their children after the restriction is lifted. The same ground applies to mother and father who are deprived of parental rights and live in a house owned by their child.

But in the case when the family lives in an apartment, which is common property or the property of a parent deprived of rights, it is impossible to evict him from his property. Then the child should be provided with a separate living space.

In most cases, children are relocated to a parent who has retained their rights. If both mom and dad are deprived of parental rights, the children are taken to Orphanage.

When a child is placed in an orphanage, the child retains ownership of, or the right to use, the disenfranchised parent's home.

Thus, the legislation provides for such a procedure that when depriving parents of their rights, no one can deprive a child of his property.

Video: Deprivation of parental rights

The legislation of the Russian Federation of 2019 does not accept the voluntary refusal of parents from their rights regarding children, such a process is not provided. Renunciation of paternity is also the deprivation of parental rights.

The difference is that the deprivation of parental rights is a compulsory procedure when the father of the child does not evade his duties. And renunciation of paternity is the voluntary deprivation of the father of his rights in relation to his own children.

This means that both parents agree that the father ceases to be such.. Such issues are considered exclusively in court.

By renouncing paternity, a citizen must transfer his rights to the child to another person. Exist different reasons to revoke parental rights.

But the main ones are:

1. Exemption of the father from the payment of child support.
2. The unwillingness of the mother, so that the unlucky father took part in the upbringing of the child.

It should be borne in mind that if the father renounces parental rights just like that, and not in favor of another person, then this does not exempt him from paying child support.

The obligation to pay is removed only if the child is immediately adopted by another person who is the husband of the mother.

There are also families in which the head of the family oppresses the rights of his child so much that the mother is ready to ask her husband to renounce her rights, this is done solely in the interests of the child.

Giving up parental rights of the father voluntarily also has its consequences. Such a parent may even have limited contact with the child if the mother provides evidence of the negative influence of the father on his health.

In this case, the following must be taken into account:

1. A disenfranchised father should not participate in the life and upbringing of children.
2. He has only one responsibility - to pay alimony.
3. The child has the right to receive the inheritance of such a father.

In order for the father to refuse, he must sign the authorization for the adoption of his child by another person, not biological father. Such actions are possible in relation to a newborn and to a minor.

In the event that the refusal occurs involuntarily, then a claim for deprivation of parental rights of the father can be filed:

• the mother of the child;
• prosecutor;
• child protection.

If the plaintiff voluntarily waives parental rights, then in the application for waiver, he must indicate:

After reviewing this claim, the guardianship authorities file an application with the court against such a parent.

There is no specific form of claim, but it must be drawn up in accordance with the law.

It contains the following information:

If the child is already 10 years old, he has the right to familiarize himself with the claim. When filing an application for deprivation of parental rights, the plaintiff must pay a state fee of 300 rubles.

Restriction of parental rights is a temporary measure.

In this case, the child is transferred to the upbringing of another relative, without the parental rights of the parent being annulled.

The basis for such a procedure is the corresponding decision of the court. At the same time, the rights of the parent are limited to only six months.

If during this period the behavior blood relative does not change, he is deprived of parental rights.

Restriction of parents' rights does not release them from duties. Therefore, throughout the entire period of validity of the restriction, alimony is collected from the parents for the maintenance of the child.

The consequences of restricting parental rights are that the parent can no longer do the following:

• educate and defend the interests of the child;
• receive funds and benefits intended for families with children;
• be the guardian of other children or adopt them.

Meetings and telephone conversations with the child, during the period established by law, can only be with the consent of the second parent, whose rights are preserved.

If a mother and father have limited rights regarding their children, then communication with children is possible with the permission of a temporary guardian or a children's institution where the child is located.

In this case, the opinion and consent of the child himself will be taken into account. Communication with children is possible and allowed, but not required..

The legal consequences of the restriction of parental rights lead to the fact that the parent retains only property rights. He will lose them only if he is deprived of the rights regarding his children.

Legislation allows you to support a child financially and claim property after his death. The child retains property rights, the right to inheritance and living space.

Video: Restriction in parental rights of the father (mother)

If parents do not fulfill their obligations regarding their children, they are limited or deprived of parental rights. In both cases, the consequences of the measures taken will affect both the parents and the child.

Restriction of rights is temporary, and deprivation of rights is indefinite. The consequences of the restriction are much narrower compared to the consequences of the deprivation of parental rights.