The refusal of the child's mother in the maternity hospital is not provided for by Russian legislation, but takes place in reality. Leave the newborn in the hospital women usually make material difficulties or heavy health problems at the babies.
Mothers believe that the rejection of the child will allow them to avoid duties to care for the child and its content. This is not true. A written refusal deprives the woman of parental rights, but the duties are preserved. This is provided for by the Family Code.
The procedure for refusing a child in the hospital
Russian legislation provides for the following procedure for refusing a newborn:
- the woman writes a refusal (the name of the chief doctor of the hospital is indicated, the applicant's phoe, its address and passport details, the voluntary rejection of the child, the consent to the adoption of the child by another person, the place and date of signing the document);
- the document is given to the chief doctor of the maternity hospital;
- a woman leaves the maternity hospital on the day of failure, as the means for its content after failure will not be allocated;
- six months later, a woman is on a trial, where the judge officially deprives her parental rights and appoints alimony for the maintenance of the child.
Women's cooperation with guardianship authority will help speed up adoption. If the mother will issue a birth certificate on the child, and then give written consent to adoption, the child will be able to gain new parents soon. Newborn children, especially without serious health problems, are quickly adopted or adopted by childless couples. Thousands of people stand in line for the adoption of young children.
The consequences of the abandonment of the child in the hospital in Moscow
The refusal to pick up a child from the maternity hospital does it for half a year (at least) in the house of Baby. The custody bodies are obliged to give a woman the opportunity to change the solution and pick up a child in the family. In thought, a woman has six months. Only after this child can give to the adoption of unauthorized people.
For Mothers, the following effects of refusal of the newborn are coming:
- the obligation to pay alimony until the child is 18 years old;
- obtaining the status of deprived parental rights;
- deprivation of the right to apply for the help of a child in old age;
- decision of the hereditary right to the property of the child.
The consequences of the disabled child in the maternity hospital are even more severe. With disability I group, a woman will have to pay alimony for up to 18 years old, but for life. The size of the alimony will be established by the judge depending on the special needs of the child. At the same time, the upbringing of such a child's mother would give her right to numerous social benefits.
If the baby adopt other people, the obligation to pay alimony from the mother is removed. The obligations to maintain a minor switch to its adoptive parents. If at this moment the biological mother wants to return the child, she will be denied. The kid will return to it only if the adoption will be canceled by the judge due to the guilty actions of adoptive parents or the lack of mutual understanding between the child and the members of his new family.
Failure to the child from the Father
Both parents have equal responsibilities in relation to the child. If a married woman refuses a newborn, and the spouse supports this decision, he must also write a written refusal. If the spouses divorced before the birth, but since the divorce did not take 300 days from the moment, the former spouse is automatically considered the father of the child.
If he is sure that he is not a biological father of the kid, he has the right to challenge the fatherhood and conduct a DNA analysis. Only after the trial to dispute paternity from it will be charged with the obligations to the child.
If the father does not support the decision of a woman, he is entitled to pick up a child for education. If an officially, a man is not a father (not married with his mother), he has the right to prove paternity through DNA analysis or otherwise and get parental rights. In this case, the woman will pay him alimony for the maintenance of a common child.
Assistance of a lawyer on the permissions of rights after the abandonment of the child
If you want to restore parental rights after the rejection of the newborn, our lawyers will present your interests in the custody and guardianship bodies, will help with paperwork and trial.
Those who begin to work with social ailments, have to get rid of many stereotypes. For example, the Liberations - "Caliplations" are not always unfavorable drunkards or drug addicts.
The "bright feat" of the volunteer is usually a banal floor washing. And for the material assistance, first of all are arranged by the holsters, and not needing. About how stereotypes rushes, and that comes to them for replacement, the President of the Public Organization "Aistenok" told Larisa Lazarev.
"When we just started the project, I, like many, thought that young girls or women from disadvantaged families refuse children," says the President of the Aistenok organization Larisa Vladimirovna Lazarev. - But from the first months of work, I understood that it was not. Among our "refusal" were women of 27-35 years, were among them and 43-year-olds, which, already having children, fell into a difficult situation and refused newborns.
In the first profession, Larisa Lazarev - an engineer of medical equipment, worked in a construction organization, then in the children's hospital, but all the time I wanted something else, to find "my" place - so that the work brings a sense of complete satisfaction.
In the hospital, she often saw how women refused newborns who were sent first to the baby's house, and then to the orphanage. Under the influence of these impressions, she decided to start working with cramps. In 2002, Larisa Vladimirovna decided to leave work and create a children's public organization.
- My first "refusal" was 27 years old. Two children. Husband, Veteran Afghanistan, worked as a guard, lived in a departmental hostel. While she lay in the hospital, they began to evict from the hostel. Here is a woman and decided to leave the baby, considering that for the child in the orphanage it will be better - toys, food, roof over your head. I then said Natalia: "Maybe you are right, he will be fed, wage, dressed, but will not be able to get the most important - maternal warmth and love." We helped save the family of the room in the hostel, provided things that are powered by the baby. The family was saved and still comes to us on joint holidays. Now the boy is 8 years old. His birthday is December 22.
Over time, Larisa Vladimirovna realized that it was necessary not only to talk to women, but also help them cope with difficulties. Including financially.
"You see, often life in our society drives a lonely mother in the corner," she explains. "The father of the child left in the" interesting situation ", on this basis quarreled with his parents, left the house, and the feeling of hopelessness, anger, resentment switched to the baby, and, as a result, a refusal to the maternity hospital. Another example. Small city. No job. Woman comes to Yekaterinburg, but, because No registration, the ability to get a guarantee of child care benefits is almost equal to zero. And there is no benefit - no and the ability to feed yourself and kid, provided that relatives and close turned away.
What to hide, - the most acute family questions are accommodation and kindergarten. The lack of vouchers in preschool institutions put a single mother on the face of survival - it cannot go to work, and, it means to provide funds for elementary needs. And if there is no housing, then, in general, trouble. The apartment is a woman with a baby, surrender is quite reluctant. Therefore, we launched two more projects. First, we remove a three-room apartment for the temporary stay of women with children who have no accommodation - a stay of living from 3 months to six months, during this time we try to settle the situation, help to issue legal documents, to come out of the state of depression, calm down, Like a child - look at it not as a burden. Secondly, on the basis of our organization, we opened a "part-time group", in which moms who have fallen into a difficult situation can leave the kids for several hours, who could not be arranged in a kindergarten to be able to solve some questions or go to work.
The idea of \u200b\u200b"social warehouse" - we began to ask Yekaterinburg to bring children's things, hygiene products, toys and transferred them to families who fell into a difficult life situation. There are so many things that we help everyone. In order to get help, it is enough to present a passport and when you meet, tell the essence of your situation. Gradually, our organization expanded, not only women from the maternity hospital began to apply to us, but also those who had fallen into a difficult situation.
Even from the first cancellation randomly announcing the idea of \u200b\u200bcreating a "social warehouse" - we began to ask Yekaterinburg to bring children's things, hygiene products, toys and transferred to their families who fell into a difficult life situation. Yekaterinburg responded - they began to bring children's things, carry strollers, cribs, hygiene products, toys. There are so many things that we help everyone. In order to get help, it is enough to present a passport and when you meet, tell the essence of your situation. Gradually, our organization expanded, not only women from the maternity hospital began to apply to us, but also those who had fallen into a difficult situation.
Larisa Vladimirovna has a telephone. The dynamics of the voice is heard:
- I need a stroller, bed, diapers.
Voice Larisa Vladimirovna becomes hard:
- Where are you calling?
"I gave me your room, said you can take things."
- First, you need to greet. Secondly, we do not store and just do not give things. Come to us, tell your situation, will think how to help you.
Having finished the conversation, it comments:
- Unfortunately, people who have fallen into a difficult situation are very often believed to help them and perceive this help, as a matter of course. Especially, it concerns graduates of orphanages. And here you have to be very tough - we do not help "freezers". Only to those who want to fight. Women who live in our crisis apartment, be sure to conclude a treaty with us. Live for free, but be sure to work with our psychologists.
True, Larisa Vladimirovna came to the conclusion that the "material support" is able to solve some solar problems.
- For many years of work, I understood a very important thing: one of the main problems of social orphanhood is not that women lack material support or psychological support. The main thing is that many of them have no family model. They simply do not understand how to build relationships with her husband, children. The main psychological reasons for the abandonment of children is an unconscious parenthood, lack of responsibility for the fate of the child, a violation of children's and parental relations, when there are protracted conflicts of "fathers and children" in the family. Recently, our center is actively trying to work in this direction. We are trying to start with childhood, we are conducting for students of orphanages and children from adoptive families of 14-18 years old seminars on "conscious parent." We teach them to plan your life, build relations with each other, to realize what responsibility is imposing the title of father or mother.
The most important thing is to find a common language with adolescents that are all basically difficult. They come with sad faces, waiting for long tedious lectures, from which already tired. It is necessary to make it interesting to them. Therefore, divided by teams, the guys are enthusiastically drawn on the big watmans "the city of their dreams", not even suspecting that this task is part of the training planning training. We tell them about the examples of famous people who in childhood lived in disadvantaged families and still achieved success. When they learn that a little Walt Disney had few toys, and a cruel father often beat him, and this did not prevent him from becoming the one who he became, they appear an additional incentive!
Now the creators of "Aistenca" have conceived a new project - "Family Meeting Center for Women with Children."
"If we talk about the process of rehabilitation of mothers, it is impossible to establish it in the conditions of a city apartment," Larisa Vladimirovna complains. - First, it is very difficult to find a job search, get a woman with a young child, is also difficult to find a kindergarten or rent an apartment. Secondly, in four walls it is very difficult to fill the life of some activity, especially if there is no skill. The main goal of our preventive work is not to produce dependency and do not duplicate children's homes with accommodation in them on all the finished orphans. Therefore, the "Aistenca" has a dream: to find 70 million rubles and build a "family center" - a country house where women with children will not just live, but also be able to conduct a household on earth, earning themselves to food. Greenhouses, sewing workshop, rabbit, chicken coop. Each in the center will have their own duty, it will help stop feeling dependent, it will be possible to pass the rehabilitation process faster, and start a new, completely different life. So begins the formation of responsibility for itself, his child. You look and life will work out, and the family will become complete ... everything is in our hands ...
Reference: Sverdlovsk Regional Public Organization "Aistenok" was founded in 2003. Direction of activity - prevention of failures. From the moment of its foundation, Lazareva Larisa Vladimirovna became president "Aistenca" since its foundation. Since 2004, 88 failures from children have been canceled.
During the work of the Aistenca, 395 adoptive parents were trained at the school of adoptive parents. 290 orphans have found a family, of which more than 190 children with the support of the organization fell into the family of guardians and adopters right from the territory of children's urban hospitals, bypassing the translation into the child's houses.
More than 270 volunteers are trained in children's facilities with refusal children, and in hospitals and social sphere - with orphans.
235 families are on the constant accompaniment of the organization.
Equipped 3 chambers in children's hospitals for the emotional and physical development of refusal children.
Is the rejection of the child in the maternity hospital possible?
In this article, we will not talk about the moral and ethical component of the abandonment of the child in the maternity hospital, since there are different situations, and the opinion about everyone has such. We will dwell only on the legal side of the issue.
The first thing to say and understand: no legislative act in our country provides for the possibility of a parent to abandon its parental rights. Parental rights are inalienable. The exceptions are cases when the court in the interests of the child are made decisions on deprivation / restriction in parental rights, but even they do not entail the complete cessation of the legal relationship between the parent and the child. At the same time, in order to ensure the security of a newborn, the legislator provided for parents the opportunity to transfer it to the education of the state or adopter. However, the procedure in any case is one: the question is both with the refusal of the maternity hospital and at the "standard" deprivation of parental rights - is solved only in court.
It is important to say that even if a citizen for any reason was deprived of parental rights, including in the case of his abandonment of a child in the hospital, it remains the obligation to maintain the latter until they reach the age of majority or other age, depending on the specific Situations (for example, with respect to emancipated citizens, the right to receive alimony may cease to achieve 16 years).
In addition, the deprivation of parental rights should not be affected by the personal rights of the child, to which in particular the hereditary. Thus, at the death of the parent, deprived of his rights, the right to inherit property for the child is preserved. Of course, provided that it was not adopted, since in the adoption of the right of inheritance will be distributed only to the property of adoptive parents.
To the personal rights of the child whose parents were deprived of parental rights, it should also be attributed to the right to receive a pension for the loss of the breadwinner. This situation may be able to develop when the parent, devoid of rights, paid alimony to his non-familiar child and died during this period.
Thus, in fact, the rejection of the child is impossible, however, a mechanism is developed and operates, which allows citizens to convey the rights to raising a child to the state or other persons (give permission to adoption).
Do not know your rights?
How is the rejection of the child?
A woman who has decided to leave the child in the hospital must write an application in the name of the head doctor of the hospital in which she gave birth. The application must indicate that it will not take a child from the medical institution and has nothing against the adoption of her child by third parties.
The application is drawn up in a simple writing, indicating in the upper right corner of the addressee (head doctor), the name of the mother and the address of its place of residence. In the text of the document, you should specify the name, name and date of the birth of the baby, as well as the consent of the citizen on the deprivation of its parental rights and the adoption of the kid with another family. The statement of the mother's personal signature is assigned.
After receiving the statement, the head physician of the hospital is obliged to report this fact to the guardianship and guardianship authorities, which will prepare documents for deprivation of parental rights to court. This procedure takes half a year. This period of time is given to a woman in order to think about the decision made by it, to resolve life circumstances that contributed to his adoption, and possibly change their mind and pick up the kid home.
It is important to understand that not only the mother, but also the father possesses the parental rights. Therefore, if the fever is married, it is necessary to obtain the appropriate statement for the abandon from his father - otherwise, the upbringing of the baby will fall on the shoulders of a man. The application is made in the same way.
It should also be said that even a man who has already divorced a child who has already divorced, if less than 300 days have passed since the divorce. In such a situation, it is also necessary to apply not only the mother, but also its former spouse - and if it is filed, both parents will be deprived of parental rights in court.
If the woman in marriage did not consist or from the moment of divorce passed more than 300 days, statements from the Father are not required. Although, if a man is aware of his parental rights and wants to take a child to upbringing, he has the right to declare them and become his legal representative.
It is about the same in the same way with other relatives of the newborn: they all use the preferential adoption right. If any of them wants to adopt the baby, he has the right to declare his intention and get all the rights provided for by law for legitimate parents.
Russian legislation does not provide for circumstancesIn which the mother can refuse his newborn baby in the maternity hospital. Since, he is not a thing and parental rights are integral.
Child failure
Possible refusal options:
- leaving the child in the institution
- giving consent to adoption
Many believe that with the refusal of the child in the maternity hospital, the mother instantly deprives parental rights. This is not true. All actions of this kind, occur in strictly established law, and only by the court.
But, the possible basis of the deprivation of such parents, parental rights is definitely the refusal, without clarifying clear arguments about the refusal to pick up their child from the institution of the maternity hospital (separation).
Recovery of alimony after a child failure
By law, it is not a reason for the liberation of parents, from the obligation to maintain financial children. Accordingly, by the time of the main decision on the case, about the deprivation of parental rights, the court makes a definition on the issue of recovery from such alimony parents on minor children.
Alimony face will be paid, on the upbringing of which the child will be transferred, after refusing. Such faces can be:
- another parent
- guardian or trustee
- adoptive parents
If such persons are not found, the child is placed in a children's institution. In this case, the funds will be transferred to the account of this institution. At the end of stay in the children's institution, the whole amount of alimony obtained during this time, enrolled on his account in the bank. According to Art. 84 of the RF IC, it opens in a branch of the Savings Bank of the Russian Federation
List of unchanged child rights
But, degrading parents, children do not lose rightsbased on the fact of blood kinship. Here is a list of several such rights:
- . Hereditary relations arise, in this case, after the death of biological parents.
- the right to receive the state pension case, if the child loses the breadwinner, etc.
Deprivation of parental rights it is an effective action. Russian legislation provides that the circumstances that caused the sanction of the deprivation of parental rights can be eliminated, so it is possible to restore in parental rights.
On the basis of the above, the question arises: can a mother, adopt a child after a certain period of time, after refusing it? In this case, no. Neither adopt nor accept the child under the custody she will not be able.
Decorating the abandonment of the child
Modern family legislation does not provide an article dedicated to the abandonment of the child. In fact, it is impossible to legally refuse the child. However, parents can write application for a refusal of a childIn fact, it will be a reason for the deprivation of their status of parents. A similar statement in the institution is referred to - the blank of the child's abandon. This document will be sent to court, guardianship and guardianship or registry authorities.
Practice shows that the parents who wrote a refusal form from their child practically always remember their child at the time of an old age and non-existence of their own livelihoods.
In the content of the document, it is necessary to clearly formulate, its deliberate decision, about the refusal of the child, while specifying the name of the baby and the surname, and the date of his birth. The applicant is obliged to write about his consent to deprivation of his parental rights and adoption in the near future, and also confirm, the fact that it is aware of the further impossibility of canceling the refusal. This application is subject to mandatory reinforcement in the notary.
There are no more stages. After signing this form, mother legally refused newborn. With a voluntary refusal, a mother for a period of 6 months, deprived of parental rights will not. During this period, the child will be in public institution.
This period is given to ensure that the mother can think of his decision to calm down and make the right choice for yourself. Since modern Russian legislation is aimed at preserving the Institute of Marriage and Family, and a number of regulatory and legal acts are adopted, for settlement, material support of this institution.
1. Will I be able to leave a newborn baby in the maternity hospital, whether it will be necessary to pay something.
1.1. If there is no medical testimony to learn the child in a medical institution, you can write a voluntary rejection of parental rights to the child, in accordance with Art. 69 Family Code will be deprived of parental rights, but in accordance with Part 2. Art. 71 Family Code The deprivation of parental rights does not relieve parents from the obligation to contain their child. Thus, you will be obliged to pay alimony for a child until the age of 18 years is achieved.
2. I left the child in the hospital, 5 years ago, can I find him?
2.1. Very complicated situation. If the child was completely healthy, most likely he was adopted by the baby, and then the mechanisms of adoption secrets are working. If not, then individually, you will have to bother the thresholds and ask - "So I only recognized this family secret, I ask you help, I can not sleep until the end of the days, if I don't find my child," ...
The primary information can be obtained in the archive where the relevant maternity documents are sent to storage, it is possible in the registry office, about the birthday of babies, and plus 5-10 days, the birth certificate is usually obtained in this range.
2.2. It is very difficult for you to find a child. Yes, and why do you need it. You then abandoned the baby, what happened over the past 5 years that you have changed my mind. Nothing in this world can not be more important than children, which heart you need to have to leave the crumb. I just don't have words to your address.
3. How can I arrange a custody of my grandson, if Snow left the child in the maternity hospital.
3.1. For custody registration requires:
Passport grandmother;
medical conclusion on the state of health care;
certificates of the size of the monthly income;
a document that testifies to the availability of ownership of housing;
autobiography;
certificates about the absence of criminal record;
child birth certificate;
certificates of child health.
It is also necessary to have a written conclusion of the guardianship and guardianship authority on the possibility of making care of a minor child.
4. I left the child in the hospital 5 L.Nazad. Should I pay alimony.
4.1. According to the provisions of the "Family Code of the Russian Federation" of 29.12.1995 N 223-ФЗ (ed. From 12/30/2015) (Article 69 - 71) If you, as a parent, refuse without valid reasons to take a baby from the maternity hospital, then you can be deprived Parental rights in court. When considering the case of deprivation of parental rights, the court decides on the recovery of alimony to a child from parents (one of them) devoid of parental rights. The deprivation of parental rights does not exempt the parents from the duty to contain their child. Considering V.I. You have the right to deny the child, but it does not exempt you to keep it.
5. 37 years ago a child was left in the maternity hospital. How to find out his fate.
5.1. Sophia, it will be difficult, so the information will need to be assembled on grains. The starting point specified by the maternity hospital, there you can find out in which house the baby gave it, and then on the chain. But the mystery of adoptions can stand on the way.
6. Is it possible to return the child if left in the hospital? Passed for 4 years.
6.1. If not adopted - then there are chances.
7. The child is left in the hospital, will the mother pay alimony?
7.1. The state applies and mother will pay
7.2. It will be if the child is not adopted.
If the mother is deprived of the parental rights of Article 69 of the Family Code of the Russian Federation, the duty to pay alimony is preserved.
If you are adopted, it will not be.
7.3. Yes, will pay.
8. I want to know after the birth of a child you can leave him in the hospital?
8.1. You can of course write a rejection of the child
9. I will be pregnant soon I will give birth Well, I have no opportunity for a child I am not a citizen I can leave the child to the maternity hospital.
9.1. Can. True, think very serious about this issue.
10. My name is Rashid, I live in the city of Magnitogorsk. My niece is 18 years old, she is pregnant. Wants to give birth and leave a child in the hospital. Can I take her native aunt to pick up a child? And what you need to do? Thank you so much.
10.1. Contact your guardianship authorities, they will tell you how to do.
11. Bore and left the child in the maternity hospital Next Lishinc of Parental Rights, born two more, children live with me. For documents, I have two children. Do I have maternity capital?
11.1. --- Hello, there is no definitely, and you will no longer have such right!
Sincerely, the lawyer Ligostayeva A.V.
12.1. A, the lawsuit already sued deprivation? You can save evidence.
12.2. Questions more than answers ... And how did you leave the child in the children's house? Wrote refusal after childbirth? Do you have taken your child guardianship organs?
13. I have alimony, whose child we left in the maternity hospital because of the deformity. An orphanage filed to us with his wife for alimony. Question: If I get a car to work in a taxi, I will be promited, will you take off or will not touch?
13.1. Recovery on executive documents cannot be addressed to the following property owned by the debtor's citizen on the right of ownership: - Properties necessary for professional training of a debtor's citizen, with the exception of objects, which exceeds the minimum wage established by the Federal Law;