Deprivation of the mother’s parental rights

Termination of parental rights is an extreme measure that is resorted to only when all other ways of solving the problem have been exhausted.

This is a complex and responsible process that has serious consequences for both the child and the parents.

Before we move on to the main topic of this article, we want to explain a little why we talk about “parental rights” in relation to the mother?

Yes, there is no separate term “maternity rights” in the legislation of Ukraine. Instead, we always talk about “parental rights”, regardless of whether we are talking about the mother or the father.

Why so?

• The principle of equality of parents: Ukrainian legislation is based on the principle of equal rights and responsibilities of father and mother in relation to the child. This means that both the mother and the father have the same rights and obligations regarding the upbringing, maintenance and protection of the interests of the child.
• Practical convenience: The use of the single term “parental rights” simplifies the legal terminology and makes the law more understandable.

What are “parental rights”?

This is a set of rights and responsibilities of parents in relation to their child, which are stipulated by the Family Code of Ukraine and other normative legal acts.

Such rights include:

• The right to raise a child.
• The right to communicate with the child.
• The right to protect the rights and interests of the child.
• Obligation to maintain a child.
• The duty to provide the child with the proper conditions for life and development.

It is important to understand:

• The absence of the term “maternal rights” does not mean that the rights of the mother are less important. On the contrary, the law guarantees equal rights for both parents.
• The concept of “parental rights” includes both mother and father. This is the only term used to denote the set of rights and responsibilities of parents in relation to a child.

Therefore, despite the absence of a separate term “maternal rights”, Ukrainian legislation ensures equal rights and obligations of mother and father in relation to the child. The use of the single term “parental rights” helps to achieve this goal.

Grounds for deprivation of parental rights:

• Systematic failure to fulfill parental duties: refusal to raise a child, failure to provide him with the necessary assistance, evasion of alimony payments.
• Abuse of parental rights: physical or psychological abuse of a child, its exploitation.
• Chronic alcoholism, drug addiction or other diseases that make it impossible to fulfill parental duties.
• Committing a crime by the parents against the life or health of the child, his adoptive parent or other family members.

Procedure for deprivation of parental rights:

1. Filing a claim: A claim for deprivation of parental rights is submitted to the court at the child’s place of residence.
2. Consideration of the case: The court considers the case with the participation of the parties and other interested persons.
3. Making a decision: After considering all the evidence, the court issues a decision on deprivation or refusal to deprive of parental rights.

Consequences of deprivation of parental rights:

• Termination of family relations: Deprived of parental rights, the father loses all rights and obligations towards the child.
• Alimony: The obligation to pay child support remains even after parental rights have been terminated.
• The right to communicate with the child: In some cases, the court can determine the order of communication between a father deprived of parental rights and a child.

It is important to understand:

• The interests of the child are a priority. When deciding the issue of deprivation of parental rights, the court first of all takes into account the interests of the child.
• Possibility of appeal: The decision of the court on the deprivation of parental rights can be appealed in the appeal procedure.
• Restoration of parental rights: In some cases, parents deprived of parental rights can restore them in court.

Termination of parental rights is a serious step that has consequences for all participants in the process. Therefore, before making such a decision, it is necessary to weigh all the pros and cons.

If you have any questions regarding the termination of parental rights, we recommend that you consult the lawyers of our company “Prikhodko and Partners”.