Do modern laws allow you to abandon your child? From ancient times condemned by the society of cuckoo mothers. Traditionally, a little less public condemns fathers who abandoned the family. However, both options are not too approved. And what do the laws say about this? Let's try to understand the legal aspects in more detail.
Relevance of the issue
While in our country there are no laws that would establish the rules for renouncing their parental rights. And in antiquity, and today, cuckoo mothers are found, and in ancient times, and today, fathers abandon their children. All this can be done legally and justifiably, but at the same time there is no such law that would directly stipulate this procedure. To make a refusal, you must seek help from the court. There are many reasons why there is a need for such an event. In some cases, the deprivation of rights occurs on the initiative of a third party or a third-party organization, sometimes the parent takes the first step for this procedure.
The Family Code, relevant for our country, does not contain a description of the procedure for the voluntary renunciation of their parental rights, due to the birth of a child. Such an article simply does not exist in nature. If the older generation writes a statement in which they abandon their offspring, this does not mean that a person immediately gets complete freedom. The document is sent for consideration to the court, and it is this instance that will take the final decision on this issue. However, as statistical observations show, the outcome is almost always positive.
Failure Features
If the mother decides to complete the application, which proclaims the waiver of parental rights, the paper goes to court. If the court agrees to satisfy such a petition, this does not mean that at the same time the person is completely free: the law stipulates the need to pay alimony. There are frequent cases when the court deprives a person of his parental rights. At the same time, suppose a mother is a person who is exempt from obligations to ensure the upbringing of the younger generation, while the obligation to maintain minors remains. It will be necessary to provide them financially all the time until they reach adulthood. If a woman is deprived of the rights to one child, she needs to provide only him, if on several - until everyone becomes an adult and independent.
The court’s task is to determine how large the child support will be. In general, the whole event is held in strict accordance with the current rules for the organization of litigation. Refusing her own offspring, a woman voluntarily deprives herself of the status of a mother. Its task is to work with the court correctly, observing all the rules and the sequence of measures stipulated by law, that is, you need to write a statement, initiate a lawsuit, and participate in the court.
Step by step
Perceiving their own offspring as a strange child, the older generation may realize that there is no desire to raise a minor. The parent has an official right to refuse notarially, automatically appearing at the moment of the birth of the child, rights. When filling out documentation in which an adult indicates his unwillingness to have a child’s rights, it should be noted the consent to future adoption. If there is no desire to personally take part in the process, you can immediately write an additional request. In it, parents indicate unwillingness to personally come to court, so they ask not to call them when the case is considered. The application must be certified by a notary public and signed in person. When a voluntary abandonment of the child by one of the parents is fully completed, documents informing about this are sent to the second parent.
An important sequence of actions, the binding of which is determined by law. If the refusal of the child is in a voluntary form, the parent is obliged to certify his request with a notary, obtain a certificate of two independent people and familiarize with the document the organization responsible for the care of minors. All of this evidence in the future, if necessary, will be evidence that the parent did not affect the worldview of a person in any way, was not responsible for his education. As soon as the certificates and petitions are completed, the documents are submitted to the court. The trial in most cases is quick, but the process takes place in the presence of the prosecutor, representatives of the authorities responsible for the guardianship. It is forbidden to consider the case without the participation of these persons, and the decision will not be valid.
Birth of a child
Sometimes it happens that your child is perceived as someone else's child. Various difficult life situations happen. In recent years, according to sociologists, more and more often there are circumstances in which the mother seeks to abandon the child. The reason may be financial insecurity, but other difficulties associated with different life aspects are also possible. Those who sometimes become pregnant too early or give birth to offspring out of wedlock sometimes refuse their children, because relatives force them to do this, the family categorically does not accept a new life. Legislation stipulates the possibility of some simplified procedures. If a woman wants to renounce her rights due to life problems, she may be offered to place offspring in the baby’s house. In this institution, the baby can live up to six months of age, while a woman is not obliged to renounce her mother’s rights to him. Throughout this period, the responsibility for the maintenance of the child lies with the power. The woman’s task is to regularly pay for the maintenance, based on the established tariffs. From time to time, she will have the opportunity to see her child.
Six months is a relatively long time, which is enough to deal with current financial problems or psychological difficulties. As soon as a woman eliminates these troubles, she can take the child to herself. This option is a good alternative to giving up rights due to problems.
Social center
Children in the baby’s house have parents (at least one). If a woman decides to take the child from such an institution for herself, while her life situation is still difficult, she can take the help of a specialized crisis center. Such institutions were created specifically to help newly-minted mothers. They provide the needy with the opportunity to live in an adequate room, to eat. In addition, the staff provides psychological assistance. The staff of the centers works with applicants, trying to save the family as much as possible. Specialists provide comprehensive assistance to women who have come here, so that they can deal with problems, offer different ways to eradicate difficult situations, because of which the older generation is ready to abandon their offspring.
Maternity hospital
Everyone knows about abandoned children in the hospital. If a woman has given birth to a child in such a medical institution, but is firmly convinced that she does not need a child, she can draw up a statement in which she refuses posterity. The document is redirected to the guardianship authorities. The baby from the hospital will be sent to the baby's house. A woman who has issued a refusal still has parental rights for six months. As soon as this period ends, her rights will be completely lost. No special actions are needed to do this, everything happens automatically. If certain close relatives wish to become the guardians of this child, they can contact the social authorities to obtain the appropriate status. If none of the close relatives of such aspirations arises, outsiders can obtain the right to guardianship or adopt an abandoned child.
Application Form
If the mother left the child, then she knew how to draw up the application correctly. Legislation requires that such a petition be written strictly with one's own hand. There are no specialized forms or standard forms. The application is drawn up arbitrarily. The document is written in the name of either the head physician of the hospital, or the director of this institution. As soon as a woman signs it, the document is considered to have entered into force. It is important to assure him of a notary public. In order for the application to be considered, it is necessary to record the passport details of the woman who gave birth to the child, as well as the given name and surname. Be sure to indicate the date of birth of the infant.
Want! No I do not want to!
It happens that today a woman understands how to write a rejection of a child, draws up a document, signs and certifies it, gives it to responsible persons, and after a while takes the opposite decision and decides to leave the offspring with her. If the application for refusal was issued at the hospital, there is six months to change your decision without any consequences. All this period the baby lives in the baby's house. A woman lives separately from him, while having all the opportunities for the restoration of a full-fledged family. The power to some extent gives a woman a second chance. Six months is a sufficient time period to ponder the situation again and change your mind, adjust the current situation. If a woman decides in favor of restoring the family in order to get the child back, she draws up some special official papers. Bureaucratic difficulties are rather unpleasant, but surmountable.
Older age
Sometimes they figure out how mothers to abandon a child, a woman whose child has long grown from infancy. Often this happens when a child reaches adolescence and the older generation, not having the strength and ability to cope with it, decides to send offspring to a government institution whose staff has extensive experience. Often this happens if the child was born in the family or became disabled, having been injured, had an accident, or fell ill with a serious illness. Children can become disabled due to an accident. In any of the options, parents can come to the decision that they are not able to support such a child and simply do not have the means and capabilities to do so.
When planning a waiver, you need to contact your local guardianship authority. Here the parents fill out a petition. The application is written arbitrarily. It is necessary to indicate in it, due to what reasons and difficulties the family does not have the opportunity to raise offspring. If there are financial problems, mention them. If it is not possible to provide medical care for the patient, this fact is recorded.
There are two options. You can transfer the child to the institution, while maintaining their parental rights and visiting the child from time to time. An alternative is a complete rejection with the transfer of offspring to a specialized institution. In this case, parents immediately issue consent to adoption, if in the future there are suddenly willing.
About money
When figuring out how a mother can abandon her child, one should not expect that this will be a simple paperwork procedure without any consequences. Full alienation by the current legislation is simply not provided, therefore, this cannot be. A quarter of the mother’s official salary will be automatically transferred in favor of the state. This money will be spent on the needs of abandoned children. Funds are deducted from official pay until the child reaches the age of majority. To learn more about the rules and regulations, you can find the latest version of article 129 of the RF IC. By the way, just a detailed and consistent study of all articles of this code gives a particularly accurate understanding of the fact that the complete alienation of offspring is impossible. The refuser, by law, retains ownership of parental housing. Family rights give him the opportunity to claim an inheritance.
What about father?
It so happened that the current legislation of the father does not have the opportunity to evade financial assistance to his offspring. However, there are several situations that allow a complete rejection of paternity, formalized in an official manner. In particular, a biological examination may be requested to establish a relationship with the child. If the results turn out to be negative, a rejection of father status can be requested. Conducting such an analysis is quite easy. If it turns out that the child is a stranger, you will not have to pay any special alimony. In all other cases, the father may abandon the family, but he will have to support his offspring financially.
Sometimes it happens that a man tries to figure out how to abandon a child amid disagreements with his mother. Moreover, it is quite possible that by this moment the couple had already been divorced or had never officially been a family, and the woman had already found a new man, moreover, ready to become an official father for her offspring. In this case, the biological father has the right to draw up an amicable agreement with a new man. He draws up consent to adoption and completely alienates the child from himself. Consent must be certified by a notary. The documentation is sent to the court, which decides on the case. When all rights are completely transferred to the new man, the former is free from obligations of all characters, including material ones.
Today and tomorrow
If, for some reason, the father and mother had to think about how to abandon the child, all this should be done as correctly as possible, in order not only to save oneself from difficulties, but also to give their offspring a chance for a normal life in the future. When a woman leaves her baby, she can make an effort to provide some perspective. There are several ways of normal abandonment of motherhood, allowing to take into account the interests of the baby. For example, if, even during pregnancy, a woman finally realized that she would refuse the child, as soon as she was born, she could go to the clinic and issue an exchange card. The mother's task is to be constantly monitored by doctors. An infant who has all kinds of medical discharge has the best chance of an early adoption.
When issuing refusal documentation, a woman should follow the established procedures and rules. There is no prosecution by the law, therefore, there are no obstacles to the execution of the documents. Having written all petitions and statements in time, backing them up with consent to adoption, the woman thereby gives the child the opportunity to be adopted in a good family. Consent of parents to adopt a child is one of the most important aspects of legally correct abandonment of offspring.
Mom: I want to become her!
If for some reason a woman cannot become a mother, she can conclude a surrogate motherhood agreement with one whose biological and physiological capabilities allow the bearing of a child. Such an arrangement assumes that a woman agrees to pregnancy, carries and gives birth to a child, transfers it to the customer and receives a certain amount of compensation for this. Some categorically condemn this approach, being convinced that this is nothing more than an attempt to make money from the air. For others, this format of cooperation is the last chance for offspring, albeit not purely biological, but fully official, native and native. There are a lot of stories devoted to such an experience. However, from antiquity it is known that in ancient times, rich people who had problems with the birth of a child used slaves for this. As soon as the child was born, he was immediately given to a woman, while the slave did not even see the baby.
In recent years, the media write a lot and talk about surrogate mothers. It seems to some that such women go for it only because of finances. It can hardly be said that money is not important to anyone, but it is also impossible to deny the existence of numerous risks associated with pregnancy. Mostly women from low-income families go to this, often without a husband and forced to raise their own offspring, exhausting themselves from several jobs. At the same time, the situation solves two problems at once: a poor family improves its situation somewhat, and a rich family finally gets their coveted offspring, and with it happiness.
Organization of the process
Many have heard about how much surrogate motherhood costs - the price tag exceeds a million. . . . . , , , . – , . , . 35- .
There are formal restrictions for those who wish to order such motherhood. The law stipulates the possibility of concluding an agreement only if, due to medical circumstances, a couple cannot conceive, endure, or give birth to a child. Surrogate mother is not an egg donor. An embryo is implanted in her body. If the woman is married, she must obtain official permission from the spouse for such an operation.
About numbers
You can find out how much surrogacy costs from specialized sources, as well as from authorities involved in social aspects. Among our families, about 15% of all families in our country cannot have children, and only half of the percent are participants in this program. The process of bearing and giving birth to a child is rewarded with an amount of about 500 thousand rubles. The customer’s task is to pay for a woman’s food, giving her about 20 thousand a month. To provide medicines, IVF, will have to lay out about 600 thousand. From the first time, this procedure rarely gives the desired effect, in most cases IVF needs to be done several times to achieve embryo engraftment. Finally, you will have to pay for the legal support of the relationship, including the waiver of the mother who has the child from her rights granted by her law.