Denial of parentage

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Denial of parentage

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Is it possible to renounce paternity in Ukraine? These questions were asked at least once by citizens who had their reasons for refusing to fulfill their parental duties.

This shows the relevance of the chosen topic for today.

Therefore, in this article, we will talk about the specifics of renunciation of paternity, taking into account the current legal acts of Ukraine.

What are the grounds for refusing paternity?

Currently, it is impossible to renounce paternity in Ukraine, since the legislation contains only a clear list of grounds for which persons can be deprived of their parental rights exclusively in court, namely (Article 164 of the Civil Code):

  • if citizens, without a valid reason for this, did not take their child from the maternity hospital or other health care institution and also did not provide the child with proper parental care for 6 months;
  • if citizens deliberately avoid fulfilling their parental duties, which are fixed in the SCU, and also do not contribute to her obtaining a full general secondary education;
  • if citizens treat the child cruelly, by using various types of violence (economic, psychological, physical, using improper methods of education, etc.);
  • in case citizens have any kind of addiction, including gaming, alcohol, or drug addiction. In addition, it must be confirmed by relevant certificates from healthcare institutions;
  • if citizens are engaged in any kind of exploitation of a child (for example, involving them in hard labor, forcing them to engage in early sexual relations, forcing them to commit crimes, or begging or vagrancy, etc.);
  • in case citizens were convicted of committing an intentional criminal offense against a child.

In addition, the child's father also has the right to dispute the fact of his paternity by submitting an appropriate application to the judicial authorities about his exclusion as a father from the act record of the child's birth.

Importantly! It is worth noting that a person can be deprived of parental rights only in court. In addition, parental rights can be revoked both for one child and for all other biological children of citizens.

What are the consequences for citizens if they are deprived of parental rights?

If the parents were deprived of their parental rights concerning the child based on a court decision, then their family relations are terminated in principle.

Such persons cannot: raise a child, be its legal representatives in various institutions, they are deprived of benefits and state assistance that was assigned to the child, be heirs after the child's death, etc.

Consequently, citizens are deprived of various personal non-property and property rights about the child.

Importantly! If persons are deprived of parental rights, they are not released from the obligation to support the child (pay alimony) until the child reaches the age of majority (18 years). Such an obligation can be terminated only in the event of guardianship or adoption of the child.

If you have any questions about relinquishing paternity, contact the Prikhodko and Partners law office.

Our team of experienced specialists will provide you with all comprehensive answers during consultations in the field of inheritance law of Ukraine, as we understand its problems. Do not delay and contact us!

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