How often children are abandoned in the hospital. Is it possible to abandon a child in a maternity hospital

Russian legislation does not provide for the circumstances in which a mother can abandon her newborn child in a maternity hospital. Since it is not a thing and parental rights are inalienable.

Child abandonment options

Possible failure options:

abandonment of a child in an institution
consent to adoption

Many believe that if the child is abandoned in the hospital, the mother is instantly deprived of parental rights. This is not true. All actions of this kind occur in a strictly prescribed manner, and only by the court.
But, a possible reason for depriving such parents of parental rights, of course, is a refusal, without explaining clear arguments about the refusal to take your child from the institution of the maternity hospital (department).

Recovery of alimony after child abandonment

According to the law, it is not a reason for the release of parents from the obligation to financially support their children. Accordingly, by the time of the main decision in the case on deprivation of parental rights, the court issues a ruling on the issue of collecting alimony from such parents for minor children.

Alimony will be paid to the person, for the upbringing of which the child will be transferred, after abandoning him. Such persons can be:

another parent
guardian or custodian
adoptive parents

If such persons are not found, the child is placed in a child care facility. In this case, the funds will be transferred to the account of this institution. At the end of the stay in a child care institution, the entire amount of alimony received during this time, credited to his bank account... According to Art. 84 of the RF IC, it must be opened at the branch of the RF Savings Bank

List of the unchanging rights of the child

But, losing parents, children do not lose their rights based on the fact of consanguinity. Here is a list of several of these rights:

... Hereditary relationships arise, in this case, after the death of biological parents.
the right to receive a state pension in case the child loses a breadwinner, etc.

Deprivation of parental rights is an indefinite action... Russian legislation provides that the circumstances that led to the sanction of deprivation of parental rights can be eliminated, therefore there is a possibility of restoring parental rights.

Based on the above, the question arises: Can a mother adopt a child after a certain period of time, after abandoning him? In this case, no. She will not be able to adopt or take a child under guardianship.

Registration of child abandonment

Modern family law does not provide for an article on child abandonment. In fact, it is impossible to legally abandon a child. However, parents can write child abandonment statement, in fact, it will be the reason for depriving them of their parental status. A similar statement in the institution is called the form of abandonment of the child. This document will be sent to the court, the guardianship and guardianship authorities or the registry office.

Practice shows that parents who wrote a waiver form for their child almost always remember about their child, at the time of the onset of old age and lack of their own means of subsistence.

In the content of the document, you need to clearly formulate your deliberate decision about the child's refusal, while indicating the baby's name and surname, and his date of birth. The applicant is obliged to write about his consent to the termination of his parental rights and about adoption in the near future, and also to confirm the fact that he is aware of the further impossibility of canceling the refusal. This statement is subject to mandatory certification by a notary.

There are no more steps. After signing this form, mother legally abandoned the newborn... In case of voluntary refusal, the mother will not be deprived of parental rights for a period of 6 months. During this period, the child will be in a state institution.

This period is given so that the mother could think over her decision, calm down and make the right choice for yourself... Since modern Russian legislation is aimed at preserving the institution of marriage and family, a number of normative legal acts are being adopted to regulate, material support of this institution.

People are so arranged that sometimes they abandon their children in maternity hospitals. Fathers refuse because they are unable to support minors and are at odds with their mothers. Mothers refuse, because they are too young and inexperienced, they are afraid of congenital pathologies found in their children, and so on.

Table of contents:

Child abandonment regulations

Voluntary refusal of children is regulated by the following regulatory legal acts of the Russian Federation:

SK (in particular, Articles 69-71)
Code of Civil Procedure (Articles 23, 34, 131)
Federal Law No. 143 of November 15, 1997 "On acts of civil status"

The procedure for voluntary renunciation of paternity

Family legislation of the Russian Federation provides for the possibility of a father voluntarily abandoning a child.

This requires:

visit a notary office with the intention of certifying the application for renunciation of paternity from the notary. It should definitely indicate the reason why the man does not want to be the father of a minor, as well as the mechanism of how he will fulfill his parental responsibilities;
go to court with this statement.

This issue is governed by Art. 131 Code of Civil Procedure. Based on the results of the submission of the application to the court, its consideration takes place with the direct participation of representatives of the authorities - the prosecutor and employees of the guardianship department. They make sure that the rights of the newborn citizen are not infringed. This applies to the living conditions in which the child will live, as well as the material side of the matter - the legitimate and correct calculation of alimony. If, for some reason, they are not present, then this is the basis for declaring such a lawsuit invalid. How the court session should take place is indicated in subparagraph 4 of paragraph 1 of Article 23 and 24 of the Code of Civil Procedure.

Another important point: even if the father is deprived of parental rights, this does not mean that he should not pay. In any case, this is what clause 2 of article 7 of the RF IC says. The only case when a father who has renounced paternity may not pay child support is his adoption by another citizen. Article 120 of the RF IC exempts him from paying funds. In this case, the responsibility for providing for the minor is transferred to the adopter.

After the court decision comes into force, you must contact the registry office within three days, and he will change all the records concerning this child.

If there is no one to adopt the child, then all alimony, which will be charged and paid in full, is transferred to the mother, the appointed guardian or the institution in which the child lives.

In matters of property, the law is also on the side of the child. A son or daughter has the right to claim part of the property of his father, who refused them. However, if the father wrote a waiver of parental rights, then he cannot claim the property of his son or daughter.

Consequences of renouncing paternity

What does giving up parental rights lead to? In fact, its consequences are exactly the same as in the case of involuntary deprivation. If the father wrote a refusal, then he:

Does not take part in the upbringing and care of the child;
Has no right to represent the rights of the child in all instances;
If, for some reason, the child has died, he has no right to claim part of the property;
Cannot demand from the state benefits that are legally guaranteed to parents.
Not eligible to apply for.

The decision on voluntary renunciation of paternity comes into force 6 months after the decision is made by the court.

Before the end of the six-month period, the father, who suddenly became inflamed with feelings, may change his mind and withdraw his statement of refusal.

Refusal of motherhood

Today, unfortunately, the level of responsibility of some mothers who have just given birth to their child and have not yet had time to pick it up from the hospital is so low that they want to give it up. And they do it directly in the maternity hospital or the pathology department of newly born babies.

Formally, the reason justifying such an act that is not entirely correct from the point of view of morality may be:

The worst thing about all this is that they do not even bother to properly formalize their refusal. As a result, social services are unable to apply for adoption, and he remains an orphan for a long time, losing the chance to find his new family.

In order to legally correctly formalize the abandonment of a child to a woman who is in an official marriage, she needs to enlist the support of her spouse, who must also confirm his readiness for such a decision. If the woman is not married, then the consent of the child's father is not required.

Algorithm of actions for abandoning a child in a maternity hospital

In formal terms, any woman has the right to formalize a legal waiver of her newly born baby while still in the hospital. Ethics aside, the procedure itself is simple. The main stages of this process are:

The mother writes the traditional denial.
Together with all other documents, this application is sent to the guardianship authorities.
The state gives the mother six months to change her mind and withdraw her application.
During this entire period, the baby is in the baby's house.

If everything goes well and the mother, who made a spontaneous and thoughtless decision, abandons it, she will have to go through a more complicated bureaucratic return procedure. But the fact remains - she will get the baby back.

If a mother does not want to return her child, then after a year she is automatically deprived of parental rights. After that, the baby has the right to as well as to the appointment. The latter can be played by both the father and other close relatives. In the second case, the permission of the guardianship authorities is required.

As you can see, it is very easy to abandon a child. And sometimes they don't take it seriously. It will be more difficult to return the child later. This is why both mother and father should carefully consider their actions and the consequences that they may lead to when writing a letter of refusal.

Abandoning a child in a maternity hospital - this phrase makes most people tremble, however, there are many different situations in life that lead to such a decision. According to popular belief, leaving a newborn baby in a maternity hospital is the easiest way to abandon it. It is believed that this is the most painless for both mom and baby. In fact, this procedure is very difficult and time-consuming. The intention to leave the child alone is not enough.

To abandon a child in a maternity hospital will have to go through a very long and difficult path, and a woman should know about this before making a final decision.

Most people misunderstand the very idea of abandoning a newborn. Despite popular belief, it is impossible to relieve oneself of the burden of obligations by simply writing a statement at the maternity hospital. A woman who gives birth to a child automatically receives both the rights to it and a whole list of obligations that must be fulfilled for at least the first 18 years. One of the main obligations is the maintenance of the baby, providing him with everything he needs, including food, clothing and shelter. The rights are not as extensive as the duties, and not so material, the mother has the right to love, respect and reverence from a minor.

When a woman in labor decides to leave the newborn in the hospital and not take him home, she can only give up her rights, but no one relieves her of the obligation to support the baby. This point is very important, because many refuseniks believe that in this way they will take the burden of problems from their shoulders, and they will not need to provide for and take care of the newborn. If you refuse, you can transfer the right to education to the state, while all the responsibilities for its maintenance remain.

Possible reasons for abandoning a child

Any refusenik has a difficult female story behind it. Often it is the tragic circumstances that push the woman in labor to such an act, but there are other cases.

The reasons for refusal may not always be known to doctors of maternity wards, because by law a woman should not voice them in a statement. Some refuseniks say why they do this, but most are simply silent. Based on many years of medical and judicial practice, we can say that the main reasons for refusals are the following circumstances:

The pregnancy was unplanned, and the man does not want to take responsibility for his mother and baby.
The girl has no opportunity to provide for the baby, she has neither a place to live nor a job.
The relatives of the woman in labor made a condition that they would stop supporting her. Relatives can be understood as different people, it can be parents and more distant relatives, and perhaps even the biological father of the baby.
The woman realized that she had made a mistake and did not want to take on such a burden as raising a minor.

Often otkazniks are a disadvantaged female population suffering from alcoholism, drug addiction or prostitution.

Among the other reasons listed, there is another very common one - a child is born with a disability or has serious birth injuries and congenital diseases.

Registration of refusal

You can issue a cancellation of the child until the moment you leave the hospital with him. If the woman in labor took the newborn, and then decided to abandon it, it will be a completely different story and a different procedure.

A woman who abandons a child should:

Decide on the appropriate action.
Write a refusal.
Submit it at the place of demand.
Leave the maternity ward on the same day, after submitting the application, because there is no longer any reason for the woman in labor to stay in the hospital and funds for its maintenance there will not be allocated by the state.
Within six months, seriously consider the decision. During this period, there is still an opportunity to replay everything and return it back.
After six months, you will have to appear in court to attend the process of deprivation of parental rights. It was after the trial that the rights of the otkaznitsa were finally taken away, and the payment of alimony benefits for the baby was assigned.

As can be seen from the above diagram, the refusal procedure takes place in several stages and takes at least six months. Such stretching is not accidental, it gives a head start to the young parent, and the opportunity to rethink their behavior in relation to the baby.

Drawing up a statement

The application for the alienation of parental rights is written by hand on any sheet of paper.

Its form is simple and unpretentious and does not require any documentary evidence, except for a passport. The passport itself also does not have to be presented, because when entering the hospital, the woman in labor is drawn up according to all the rules, because all the confirmed data about her have already been entered into the database.

The application should indicate:

Name of the chief physician of the maternity ward, to which the paper is actually fed.
Otkaznitsa data. Be sure to write your full name and address of residence and registration, if these are different addresses.
The text itself expresses the desire to leave the baby in the hospital.
The consent for its further adoption by third parties is added.
Signature and date of writing are put.

The application is written arbitrarily, it should not be strictly formatted, the main information that it contains is the unwillingness to take the child.

Where to apply?

Is it possible to abandon children right in the maternity ward or is it necessary to visit some other authorities for this. This issue is of concern to otkaznits, since many simply do not know whether a refusal is possible at the place of birth.

By law, the written application must be passed on to the chief physician of the maternity ward. He accepts it, registers it and gives it a further move. But first, the doctor is obliged to inform the woman in labor about the consequences of her decision. If the initial procedure was followed and completed, and the woman remained unconvinced, then the doctor is obliged to convey information about what happened next. He is obliged to notify the guardianship and guardianship authorities on the same day. The further fate of the newborn is in their hands. From that moment on, it is they who will supervise the woman for the entire six-month period until the deprivation of parental rights, and the child until the day of his transfer to the orphanage or other parents for upbringing.

What are the legal consequences of abandoning a child?

After the refusal procedure has taken place, the woman falls into a period when it is still possible to change. If she did not take any action for this, then the refusal is confirmed by judicial deprivation of parental rights to the baby. From this moment on, the legal consequences for the otkaznitsa come:

She receives the status - deprived of parental rights. Although it does not have any material consequences, it is quite indicative.
A woman is awarded an alimony payment for her child until he turns 18, and if he is disabled, then it is possible for life.
From this moment on, she will not be able to apply for help from a child in old age.
She loses all inheritance rights in relation to the property of her children.

Until the age of majority, you can restore your parental rights if certain conditions are met.

If the mother refused, and other people adopted the baby, then all obligations from the otkaznitsa are removed, including the payment of alimony. From the moment of adoption, the baby should be supported by his new parents.

It will be interesting for you

You can relate differently to a mother who refuses her own child in a maternity hospital, the reasons for such an act are different for each young mother, but the legal registration of the abandonment of the baby must be drawn up correctly.

Based on the laws of the Russian Federation and the entire regulatory framework, it is impossible to find a document that would directly allow a parent to waive their rights to a child. Only a court decision on the basis of actions in the interests of the child can violate the inalienable right of a parent, but even in this case, the court restricts the rights of the parents, without completely alienating them.

Having complied with the court order, parents can try to restore full parental right to the child, but not always successfully. In order to protect the health and life of a newborn, to protect parents from committing illegal acts in relation to babies, the state provides for a procedure for transferring a newborn to foster care under state supervision with the subsequent right to provide the opportunity to adopt such a child to other citizens interested in the baby.

If the baby is abandoned in the maternity ward, the final decision and the assignment of the baby's status is made by the court. At the same time, no one cancels the obligation of parents to raise and provide assistance to a newborn, even if she abandons the child, the mother should participate in the child's life as far as possible until he reaches the age of sixteen.

The rights of the child remain unchanged, and it does not matter who is responsible for the child in a particular period, the deprivation or restriction of parental rights does not in any way affect the rights of the child himself. In this case, we mean the right to legally acquire the property of the biological parents of the child after their death.

However, you need to understand that in the case of adoption of a child by other people, the baby is deprived of the right to inherit after the death of biological parents, and acquires rights in relation to his adoptive parents.

The inalienable right of a child is to receive a state pension for the loss of a breadwinner, if the baby is abandoned in the hospital or the parents have been deprived of their rights by a court decision. The child cannot turn out to be anyone, one way or another, under the supervision of the state, the right and obligation to raise children will be realized.

How is the abandonment of the child in the maternity hospital

Parents who wish to abandon their baby in a maternity hospital are explained by the work of the social service and doctors all the burden of responsibility for such a decision, the legal side of the issue. They conduct explanatory work, telling them what responsibilities will remain with them even after abandoning the baby, what rights they will lose.

If the decision remains unchanged, then the parents need to write a statement about the refusal of the baby, motivating their decision, after consideration in court, this statement will in the future be the basis for depriving them of parental rights.

The application is drawn up in writing on the form provided for this type of document. After filling out the child abandonment form, the document is sent to the guardianship and guardianship authorities, to the registry office, to the court.

Application procedure:

At the top right, it is necessary to indicate the full name of the body where the application is sent, most often it is entered by the judicial authorities, sometimes it is necessary to send several applications to various supervisory authorities;
In the column “from whom” it is necessary to indicate the applicant's full passport data, the address of the actual place of residence, contact information;
Formulate in writing the grounds for such a decision, detailing the reasons for the abandonment of the baby, indicate the name and surname of the child, date of birth;
Further, it is necessary to declare the parent's consent to the deprivation of his rights in relation to the child indicated above in the text, about the full understanding of responsibility for his actions;
The applicant records that he agrees with the further adoption of the child by third parties, on the understanding of the irrevocability of the decision, then the date and signature of both parents, if any, are put;
After that, the application on the specified form is sent for registration to a notary.

After the mother signs on the form, de jure she is considered a parent deprived of the rights to the child, but if she voluntarily refuses within six months, de facto, she will not be deprived of parental rights in relation to this baby, since this time the child will be in the hospital where he was born.

A six-month period is specifically provided for by law so that the mother can make a decision to leave the child and withdraw the application for abandoning the child.

During this entire period, psychologists and doctors work with the young mother, explaining to her the wrong decision. If necessary, the hospital's in-house lawyer provides free consultations on the difficult life situations of the mother, which prompted such a decision.

If the mother decides to return the child, the application is destroyed.

The child abandonment statement can be downloaded

Is it possible to abandon a child at the hospital anonymously

It does not matter how it turns out in practice to carry out anonymous abandonment of a child, this action is a crime, since, according to Russian family law, any mother has no right to abandon her own child anonymously in the first six months of the baby's life.

Summing up, it is necessary to note the following fact, parents who abandoned a child in their youth or because of some conditions, conditions or other reasons, always remember their decision with regret. But only once having abandoned the baby, such parents are forever deprived of the opportunity to experience the joy of motherhood or fatherhood, raising their own child.

Different situations happen in life, but it is simply impossible to justify abandoning a child from a moral point of view. However, such a concept as "abandonment" of one's own child is not provided for by the family code. Nevertheless, such a phenomenon in modern life is less and less surprising.

Young couples, neglecting contraception, often find themselves in such "delicate" situations as the birth of a baby. Unprepared to shoulder 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 does the law say?

Abandoning a baby in a maternity hospital

The abandonment of a child by a young mother in a maternity hospital, or a neonatal pathology department, is a phenomenon that cannot be called rare. The most regrettable thing is that many new mothers do not provide the guardianship authorities with the opportunity to even formalize the baby in order to get a chance for his early adoption. "Cuckoos", escaping from the hospital on their own, actually doom a new life to permanent orphanhood.

If the decision to abandon the child was made by you completely coolly, carefully and deliberately, you had better act more or less nobly, and not doom the baby to orphanhood:

Cooperate with the guardianship authorities;
Do not hide your name and passport details;
Issue a birth certificate for the baby;
Write an official waiver of the child;
Have the document certifying your approval for adoption with a lawyer.

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.

Paternal refusal

The abandonment of the child by the natural 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.

The unhappy 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, refusing to pay alimony for a child is impossible, just like refusing him. Of course, "papa" can prove to the court for a long time that this is not his child at all, but now there are free 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 the child until the moment of his majority.