Deprivation of parental rights

FREE CALL BACK



The procedure of deprivation of parental rights is only possible in court. A parent cannot give up a child because the current legislation of Ukraine does not provide for such a concept because it is contrary to the norms of public morality. There is a possibility of notarial consent for adoption by another person, or of filing a general application by the spouses (or former spouses if the child was born within 10 months after the termination of their marriage) for non-recognition of the spouse by the father of the child. The latter application may take place only if the mother of the child, together with another man, files an application for recognition of the child. This is a rather narrow range of situations where it is possible to achieve approximately the same goals as in the case of deprivation of parental rights without trial.

According to article 165 of the Family Code of Ukraine, there is a list of persons entitled to apply to a court for deprivation of parental rights:

• One of the parents;

• Guardian or guardian;

• The person in whose family the child lives;

• The institution in which the child is located (e.g. hospital, school or other educational or children’s institution)

• Guardianship and Guardianship Authority;

• Prosecutor;

• The child himself, if he has reached the age of fourteen.

There are consequences defined by Ukrainian legislation for a parent deprived of parental rights:

• Loses personal non-property rights to the child (for example, upbringing and communication with the child, permission to change the child’s surname or first name, to determine the place of residence of the child, etc.);

• Ceases to be the legal representative of the child (will no longer be able to represent his/her interests in courts or other bodies without a separate power of attorney);

• Released from child-rearing duties;

• Loses child-related benefits and benefits;

• Will not be able to adopt another child or become a guardian;

• Will not be able to obtain in the future the paternity-related property rights that he might have had in the event of his incapacity to work (the right to maintenance from a child, the right to pension and compensation in the event of loss of a survivor, the right to inheritance);

• A person deprived of parental rights is not exempt from the obligation to maintain the child;

• The court may evict from the home a person deprived of parental rights if his further cohabitation is contrary to the interests of the child, but only in cases where the court finds that the person deprived of parental rights has other housing.

Consequences for the child.

As a rule, the child is placed under the custody of the second parent. In the absence of this possibility, grandparents, adult brothers and sisters, other relatives of the child, stepmother and stepfather who have expressed such desire and applied for custody of the child have priority rights. If not, the child shall be handed over to the guardianship authority.

Grounds for deprivation of parental rights.

Parents may not be deprived of parental rights to a child who has reached the age of 18.

There is an exhaustive list of grounds for deprivation of parental rights. Article 164 of the Family Code states:

Parents may be deprived of parental rights if they:

• Have not taken a child from a maternity hospital or from another health-care institution without a valid reason and have not shown parental care for six months;

• Evade their child-rearing duties;

• Mistreatment of a child.

• Are chronic alcoholism or drug addicts;

• Resort to any form of exploitation of the child, force the child into begging and vagrancy;

• Convicted of committing an intentional criminal offence against a child.

The Family Code also provides for the possibility of depriving all children or one of them of parental rights.