Law in the Time of Pandemic: Social Justice Issues
Child abandonment: a fatal mistake that does not remove a bit of responsibility
There are different situations in life, but it is simply impossible to justify abandoning a child from a moral point of view. However, such a concept as refusal from one's own child is not provided for in the family code either. Nevertheless, such a phenomenon in modern life is less and less surprising.
Young couples, neglecting contraception, often find themselves in such delicate situations like the birth of a baby. Unprepared to take on the burden of responsibility for the offspring, or to provide for it financially, would-be parents tend to write a refusal even in the hospital. And some even run away from there in slippers and a dressing gown, not even giving the opportunity to issue a birth certificate for a baby.
What says law?
The process of abandoning a child is not provided for by law. But formally, you still have the right to fill out a special form in accordance with regulatory requirements, and when it is legally certified, that is, it enters into force, you will lose any parental rights to the child.
But don't be overjoyed. The Family Code has provided for all the nuances, and even if you learn how to properly formalize the abandonment of the child, you are not relieved of responsibility for its content.
Moreover, you are obliged to take part in his upbringing, no longer being a mother or father.
Despite the fact that the procedure for abandoning a born child is not provided for by the laws of the Russian Federation, today young people are increasingly turning to notaries and lawyers wishing to certify such a document.
Abandoning a baby at the hospital
The abandonment of a child by a young mother in a maternity hospital, or a newborn pathology department, is a phenomenon that cannot be called rare. The most unfortunate thing is that many new mothers do not even provide the guardianship authorities with the opportunity to register a baby in order to get a chance for his early adoption. .
Formally, any woman can formalize the abandonment of the child in the hospital. And this is a completely uncomplicated procedure, if not to talk about painful remorse for the rest of your life. How is such a refusal to be written? With the usual traditional handwritten statement.
This document, along with other documents for the child, is sent to the guardianship authorities. And the very little one now has one road - to the Baby's House. If the mother made a voluntary decision,the state is obliged to give her a a second chance .
Within six months of giving birth, she can pick up the baby from the appropriate institution and reverse the case.
There are many such cases, and the reason for this is postpartum depression or the departure of the husband on the eve of such an important and responsible event. If the mother decides to return her baby, another paperwork will follow, but the baby will be handed over.
If during the year there were no attempts to return and arrange the child for herself from the mother, she automatically loses her parental rights. In this case, a temporary guardian can be appointed.
The right of custody remains with the father - he can take the child to him (if there is a falling out with the mother, and she does not attempt to take the child). Some close relatives also have the right of guardianship, but only with the official permission of the relevant authorities.
By the way, the transfer of the baby to the Baby House is possible under those circumstances, if the woman simply has nowhere to go with the child. At the same time, guardianship can go fraudulently and put pressure on the woman in labor, forcing her to write a refusal, or voluntarily sign an adoption permit.
In fact, a young mother has the right to visit her child every day, breastfeed him, play and walk with him. And as soon as she has housing conditions, she can pick it up without any obstacles. Consider this fact if the guardianship authorities put pressure on you. No one has the right to take your child away from you until he is 6 months old. And all their fearsome fables are based only on unwillingness to bother with yet another refusenik .
If the decision to abandon the child was made by you completely coolly, carefully and deliberately, you better act more or less nobly, and not doom the baby to orphanhood:
- Cooperate with guardianship authorities;
- Don't hide your name and passport details;
- Issue a birth certificate for the baby;
- Write an official waiver of the child;
- Have a lawyer certify the document of your permission for adoption.
If you do not do this, the paperwork can drag on for more than a year, and the child will have much less chance of finding a full-fledged family.
The abandonment of the child by the father is much more common than the abandonment of the child by the mother. Very often, young and mature fathers do not want to take any part in the life of their child. They begin to blackmail mothers and force them to refuse alimony in exchange for a fatherly abandonment of the child.
Grief dad can put pressure on you and demand to take away the writ of execution, or not go to court at all, offering you in exchange such a luxury as registration of the status of a single mother. And very often such male tricks work.
Unhappy WellThe woman agrees to be content with little and receive a meager allowance from the state, just not to go through such a shameful procedure as the judicial recovery of alimony.
In fact, refusal to pay child support is impossible in the same way as refusal from him. Of course, daddy can prove to the court for a long time that this is not his child at all, but now there are freely available analyzes that can confirm or deny this fact in the shortest possible time. Of course, if the child really has nothing to do with the man, no one will force him to support the child until adulthood. But if this is the actual father, he is obliged to do so by law.
The obligation to pay alimony disappears only if all parties have amicably decided that they are not a family in any way. Suppose a mother finds another man who wants to adopt her baby. In this case, the father, zealously evading the payment of alimony, must notarize the consent to the adoption of the child by the other parent. In other cases, even if the father is deprived of parental rights, he is obliged to pay him money, with the only difference that he has no right to meet with him.
It is important to remember that even those parents who are deprived of parental rights by good or compulsory will are not exempt from the responsibility to adequately support a child until the moment of his majority.