Refusal of paternity is a rather complicated procedure, requiring a lot of patience and strength. Before making such a decision, it is necessary to very accurately understand all the consequences arising from this action. Do not forget to talk with the child to understand what he wants. After all, your decision concerns first of all the life of a man close to you.
But if a final decision is made, and you act in the interests of the child and the family, you need to be prepared and aware of this matter. In this article, we will look into the procedure for renouncing paternity in the Russian Federation and Ukraine.
How to apply for refusal of paternity in the Russian Federation?
Under the law of the Russian Federation, voluntary renunciation of paternity is not provided. But it is possible to transfer the rights to the child to another person. To do this, you need to perform several actions:
- to notarize an application for the permission of the father to adopt his child by other persons;
- a person wishing to adopt a child must be sued and write an application for adoption;
- mothers agree with the application of the father and the applicant for adoption.
When these actions are performed, all rights to the child are transferred to the new father. With this kind of renunciation of paternity, alimony is no longer necessary to pay. But you can not claim the maintenance of you as a child, after the age of majority. Payments to the child from the biological or "documentary" pope are saved until he has a new parent.
It is also possible to deprive the father of parental rights through the court, but for this it is necessary to have solid evidence that the pope can not comply with his parental responsibilities. Then they are deprived of parental rights in court, and a new father can adopt or adopt a child. Reasons for deprivation of parental rights:
- Chronic addiction or alcoholism.
- Deliberate harm to the child or mother.
- Child abuse.
- Refusal, without good reason, to take your child from the hospital.
- Non-fulfillment of parental rights.
- Prolonged non-payment of alimony.
How to renounce paternity in Ukraine?
In Ukraine, the procedure for giving up paternity is somewhat different. This will require:
- to write and notarize the application for the refusal of paternity from the notary;
- allow the adoption of your child by others;
- mothers write consent;
- file all documents with the court;
- if there is a person wishing to adopt or adopt a child, he must file a suit for adoption in court.
Just like in Russia, until the adoption of the child by another person, the "former" father is obliged to pay alimony to him. And to file for maintenance, after the majority of the child, the father who wrote the refusal can not.
Other ways to abandon paternity
It also happens that, for various reasons, the child is registered for not his own father. In this case, you can file a lawsuit in court to refuse paternity. But only if, at the time of the recording of the child, the father did not know that he was not the biological daddy of the baby. In this case, paternity can be challenged with the help of genetic expertise. Or the mother needs to confirm the fact of deceit. Also the present daddy has the right to write the statement on a recognition of paternity in its person.
If a man knew that he was not the biological father of a child but allowed to formalize the newborn, then he should allow the adoption of the child by other people.
Preparation for court
To reduce the time taken to collect all documents, contact a lawyer. He will prepare papers and competently present your interests in court. This person will help to understand all kinds of renunciation of paternity and can significantly speed up the trial.