WHETHER IT IS POSSIBLE TO VOLUNTARILY RELINQUISH PARENTAL RIGHTS

IS IT POSSIBLE TO VOLUNTARILY GIVE UP PARENTAL RIGHTS - LEGAL ASSISTANCE

Since the beginning of Russia's full-scale war against Ukraine, many aspects of our lives have changed. In particular, the institution of the family also felt these changes, and issues related to parental rights and alimony became even more relevant.

On February 24, 2022, in connection with the military aggression of the Russian Federation, the Verkhovna Rada of Ukraine adopted Law No. 2105-IX, which approved the Decree of the President of Ukraine of February 24, 2022 No. 69 "On general mobilization", which announced the general mobilization. As a result, we receive numerous requests for consultations regarding the procedure for depriving the mother of her rights in order to prevent the mobilization of the child's father and other issues.

Terms of deprivation of parental rights - grounds for deprivation of parental rights

Deprivation of parental rights is an extreme measure of influence on unscrupulous parents and is possible only in the cases specified in Article 164 of the Family Code of Ukraine:

• avoidance of child-rearing duties. This concept is broad, but it is not so easy to prove such evasion: it should not be about individual cases, but about systematic behavior;
• child abuse. This applies to violence by one of the parents or their roommates, if the parents do not prevent it;
• chronic alcoholism or drug addiction, which must be confirmed by a medical opinion;
• exploitation of a child, forced to beg or involved in hard labor;
• conviction for an intentional crime committed against a child.

In order to confirm the appropriateness of the reasons and the deprivation of parental rights, it is necessary to have evidence: each of the reasons must be substantiated and confirmed by separate evidence in court.

Is it possible to voluntarily give up parental rights?

Voluntarily giving up a child is impossible!

The child's right to proper parental upbringing is protected by state control established by law. Therefore, the mother's renunciation of parental rights is invalid, because a person cannot voluntarily renounce his parental rights. Deprivation of parental rights is possible only by a court decision and only if there are grounds provided for by the Family Code of Ukraine.

Consequences of loss of parental rights

Deprivation of parental rights has a number of legal consequences. After the court decision on deprivation of parental rights of the mother and/or father enters into legal force, they lose all rights arising from family relations with the child.

This means that the following persons:

• lose the right to raise a child;
• cease to be representatives of the child;
• lose their rights to benefits and state aid;
• cannot be adoptive parents or guardians;

The child retains his property rights, which are based on kinship with a person deprived of parental rights, including the right to receive alimony and inheritance.

Another important consequence is the determination of the child's place of residence. If the child lived with a person who lost parental rights, the court must decide whether it is appropriate for them to continue living together. The court can make a decision on eviction of such a person, if he has another home, or on the division or exchange of shared housing with the child.

In addition, the court can hand over the child to relatives or relatives, or hand it over to the custody and care of the relevant authorities.

It is also worth noting that termination of parental rights prohibits a person from being a guardian, custodian or adopter in the future.

Possibility of restoring parental rights

Yes, you can file a lawsuit to restore parental rights. The statement of claim should indicate and provide evidence confirming that the person has made amends and intends to actively participate in the upbringing and life of the child.

In order to consider the case, the opinion of the guardianship authority regarding the possibility of restoring parental rights is mandatory. In case of rejection of the claim for the restoration of parental rights, such a claim can be re-applied only after a year.

Legal analysis of the situation

Voluntary relinquishment of parental rights is impossible in Ukraine, as these rights are inalienable and can be deprived only by a court decision on the basis of reasonable evidence, such as evasion of parental responsibilities or cruel treatment of the child. If parents are considering the possibility of deprivation of parental rights, they should seek legal assistance from qualified lawyers who will help prepare the necessary documents and represent their interests in court.

In order to consider the case of deprivation of parental rights, the court will require the opinion of the body of custody and guardianship, and persons who have been deprived of parental rights can file a lawsuit for their restoration, providing evidence of changes in their behavior and readiness to participate in the child's life.

Services of civil law lawyers in Kyiv — legal marketplace 'Consultant'

In Kyiv, civil law lawyers available through the legal marketplace "Consultant" can provide professional assistance in matters related to parental rights. Since voluntary relinquishment of parental rights is impossible in Ukraine, lawyers will help to correctly draw up documents for the court process, prepare the necessary evidence and advise on all legal aspects of relinquishing parental rights through the court.

The cost of services of a Civil Law Lawyer

The cost of the services of a lawyer who specializes in the protection of civil rights varies depending on the complexity of your case and the amount of work performed. We offer a flexible pricing policy that allows you to choose the optimal package of services according to your needs and financial capabilities. For detailed information on prices and consultation with a lawyer, please contact us.

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