Refusal of paternity - is it?

Legal practice shows that there is a philistine opinion about a certain "renunciation of paternity." This incorrect judgment is even sometimes supported by the guardianship authorities. In fact, such a refusal does not exist, as the deprivation of the parent of paternity is carried out only by the court, under certain circumstances. And even if you wish to voluntarily give up the rights to the child, this can not be done unilaterally.

The field of family law, in fact, is a private, private life of every citizen. However, in often cases, there is a need for the legislator to adjust certain aspects of this life. At the heart of any legislation are morals. This includes the right of any child to parental care. This is the code of the Russian Federation, art. 80, it refers to the obligation of parents to support children when they reach adulthood. However, unfortunately, children do not always grow up in complete families, because in many cases they face a situation such as the rejection of paternity.

The question "how to renounce paternity?" Can arise, proceeding from many reasons - a mistake of a youth, evasion from the alimony, creation of a new family, requirements of relatives doubting of fidelity of the spouse and many other things. However, it should be noted that legally such a concept as voluntary renunciation of paternity in the legislation of the Russian Federation is absent. Legislation provides for the possibility of depriving or refusing parental rights.

Deprivation of the rights of the parents (that is, the refusal of paternity) is carried out exclusively in the courts according to the filed claim of the mother of the child in case the father performs the following actions:

- evasion of parental responsibilities, including from the payment of alimony;

- without justifiable reasons, refusing to take the child from the maternity ward, medical or educational institution, social protection institutions, or from similar organizations;

- Abuse of the rights of the parent;

- Forcible and cruel treatment of a child, physical or mental, including sexual violence;

- problems with alcohol or drugs;

- committing a willful act against the viability of children or the health of the spouse.

Voluntary renunciation of paternity exists in another variant, in the implementation of the procedure for the adoption of a child by another man, backed by the consent of the father of this child.

A fairly common case is when a mother raising children herself, with a formally existing second parent, searches for the father of her children so that he gives written consent for the child's departure abroad. Moreover, such a search is not always effective and is often fraught with a huge waste of time and money.

It is much better if a man agrees to renounce paternity and gives written consent for the execution of a judicial procedure for the deprivation of his parental rights. Then, on the basis of the mother's statement about the evasion of the former spouse from the upbringing of the child, the submitted claim will be satisfied, because there are no grounds for the court to appeal.

However, it should not be forgotten that the absence of parental rights does not guarantee the absence of a duty to keep the child by parents (clause 2 of Article 71 of the Criminal Code of the Russian Federation).

As for some moral aspect, then, having given such voluntary refusal of paternity, a man can even feel a sense of pride. Since he saved his ex-wife from constant moral humiliation in the future, from possible blackmail and extortion for permanent written consent for the child's travel abroad. What, unfortunately, is already becoming a social phenomenon in our country, arising from a sense of power over a desperate situation.

Any question concerning children, parental rights and guardianship requires careful study. And such problems should be solved only with the help of competent lawyers, savvy in questions of paternity and motherhood and having experience in protecting the rights of the child.