Refusal of the child
For any committed unseemly actsit is necessary not only to keep an answer before one's conscience, but at times to pay the whole subsequent life. And it's just impossible to quit such a sin as rejecting a child.
According to statistics, today every thirtythe eighth Russian child lives in a state institution, a foster family or guardians. Most often, children are refused in the first days of their lives. And there are many reasons for this: congenital malformations or severe diseases of the baby, poor financial situation, lack of housing, young age of the mother, rape and, as a result of psychological trauma, unwillingness to recognize the child. It is very difficult to take such a decision, but the fact remains that refuseniks in the maternity hospitals are appearing more often.
How to abandon a child
Strangely enough, but the Russian Family Codestill has not got an article that allows you to formalize the refusal of the child. By law, you can not abandon your own child, but on application - please. It is on the basis of the application written by the parents and the cases of depriving them of their parental rights are considered.
If the biological mother decided to leavenewborn child in the hospital, then she needs to write a statement. Information about the baby is transferred to the guardianship authorities, and the baby is transferred to the baby's house. Within six months, the abandoned mother still has parental rights, and she can take her child, if her decision remains the same, the baby can be transferred for adoption or education in a tutelary family.
He has the right to take a newborn child and place guardianship over him as well as the husband of the abandoned woman, the grandparents of the child, and other close relatives.
Refusal of the child deprives parents of the rights to it, but does not absolve them from their duties. Until the baby is adopted, the failed parents are obliged to pay for its maintenance.
Abandonment of the child by the father
There are also cases when from a childrefuses dad. If the decision is made voluntarily, the father must apply to the notary office and write on a special application form. The refusal is certified by a notary, and the application is submitted to the court. The court session makes an appropriate decision, after which the father is deprived of parental rights to the child.
Men have their reasons for refusal. The main arguments, as a rule, are two: unwillingness to pay alimony and insecurity in one's own paternity. As for the second reason, it is possible to solve this problem in a less painful way - it is enough to conduct appropriate tests. If the examination confirms the fears of a man, then no one has the right to file material claims to him, and the record of paternity on the blank of the child's birth certificate will be abolished.
If we talk about alimony, then the refusal ofThe child does not save his father from the obligation to pay for his maintenance. The biological parent can be released from alimony only if his child is taken up by another person.
Refusal of the adopted child
Today there are also cases of refusaladopted children. The Family Code gives equal rights to both biological parents and adoptive parents. If a family adopting a child decided to formalize the refusal of the child, then it is necessary to assure the notarial statement about it from the notary and to surrender it to the court. The court session in the presence of representatives of the guardianship authorities and the prosecutor will consider the application and take the necessary decision. However, even if the adoption is revoked by a court decision, this fact does not exempt from compulsory payment of alimony in favor of a child, from which the family was not ashamed to refuse.