Termination of parental rights.

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Kaploukh Victoria

Attorney

Ukraine / Kharkiv

Court appearence

Drafting of a lawyer's request

Legal analysis of the situation

Writing a statement of claim

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Publication date: 08.06.2024

Termination of parental rights is a legal procedure that involves the termination of parental rights of one or both parents over a child. This is a serious decision that is taken by the court on the basis of good reasons. In Ukraine, deprivation of parental rights is regulated by the Family Code of Ukraine. Grounds for deprivation of parental rights:

1. According to Article 164 of the Family Code of Ukraine, deprivation of parental rights is possible in cases where parents:
   They shirk their responsibilities to raise a child.
   They treat the child cruelly.
   Are chronic alcoholics or drug addicts.
   They resort to exploiting the child, forcing him to beg or wander.
   Left the child in the maternity hospital or other medical institution without valid reasons and showed no interest in it for six months.
   
   Procedure for deprivation of parental rights.
   
   Filing a claim: A claim can be filed by the child's other parent, guardian, custodian, representatives of the guardianship and guardianship authority, the orphanage, as well as the prosecutor's office.
   Consideration of the case in court: The court carefully considers all the circumstances of the case, including the evidence presented by the parties and the conclusions of the guardianship and guardianship authorities.
   Conclusion of the guardianship authority: Before issuing a court decision, the guardianship authority must conduct a study of the child's living conditions and his relationship with his parents and provide his opinion.
   Court decision: If the court considers the grounds for deprivation of parental rights justified, it issues a corresponding decision. This decision may be appealed in accordance with the procedure established by law.
   
   Consequences of deprivation of parental rights.
   
   Persons deprived of parental rights lose all rights based on the fact of kinship with the child, including the right to communicate and raise the child.
   They retain the obligation to pay child support.
   A child can be adopted without the consent of the father or mother deprived of parental rights.
   
   Restoration of parental rights.
   
   Termination of parental rights is not irreversible. Under certain conditions, in particular, if the person deprived of rights has changed his lifestyle and is able to ensure proper upbringing and maintenance of the child, the court can restore him to parental rights. However, such a decision is made only in the interests of the child.

Deprivation of parental rights is an extreme measure and is carried out only in cases provided for by law. There are situations that, although they may cause concern, are not grounds for deprivation of parental rights. Such situations include.

1. 1. Material difficulties:
   Low income or poverty is not a reason to terminate parental rights. It is important that parents try to provide the child with everything necessary within their capabilities.
   
   2. Divorce or breakup of relations between parents:
   The very fact of divorce or termination of relations between parents cannot be grounds for depriving one of them of parental rights.
   
   3. Lack of work:
   The unemployment of the parents is not an automatic reason for the deprivation of parental rights, if they continue to care for the child and provide for his needs within the limits of their ability.
   
   4. Conflicts between parents:
   Conflicts or quarrels between parents are not grounds for deprivation of parental rights of one of them. It is important to distinguish the personal conflicts of parents from child abuse.
   
   5. The difference in education methods:
   Differences in approaches to raising a child between parents are not grounds for deprivation of parental rights. This issue can be resolved through negotiations or mediation.
   
   6. Illness or disability:
   The presence of chronic diseases or disabilities in parents is not a reason to deprive them of their parental rights, if they can fulfill their parental duties.
   
   7. Temporary absence:
   The temporary absence of parents due to objective reasons (for example, treatment or business trip) cannot be a reason to deprive them of their parental rights.
   
   8. Past mistakes:
   Previous convictions or mistakes in the past cannot automatically be grounds for termination of parental rights if a person has changed their lifestyle and is now a responsible parent.