Termination of parental rights by father’s consent

Termination of parental rights is a serious legal decision that has a significant impact on the lives of parents and children.

In Ukraine, this issue is regulated by the Family Code, and a decision on the deprivation of parental rights can only be made by a court.

In this article, we will consider whether the process of deprivation of parental rights is possible with the consent of the father, taking into account the legal requirements and legal consequences of such a decision.

Legal grounds for deprivation of parental rights

According to Article 164 of the Family Code of Ukraine, parental rights may be revoked if the father (or mother):

1. Avoids fulfilling his responsibilities regarding raising a child.
2. Behaving cruelly with a child.
3. Is a chronic alcoholic or drug addict.
4. Committed a crime against a child or another family member.

However, even if there are grounds for deprivation of parental rights, this decision must be made exclusively by the court.

Is the father’s consent possible?

It should be emphasized that the voluntary relinquishment of parental rights is not provided for by the current legislation. In other words, it is not possible for a parent to give up a child just like that.

The procedure of deprivation of parental rights can sometimes be accelerated in a court of law, provided that the person who is deprived of parental rights sends a statement acknowledging the claims and expressing his consent to such deprivation.

However, remember that the court evaluates the evidence individually. If the court assesses such actions as an abuse of procedural rights for the benefit of a person, then such consent may not be taken into account at all.

Judicial proceedings

Consideration of the case in court consists of several stages:

• Submitting an application to the court: The other parent, the guardianship authority, or the prosecutor’s office can submit an application to the court with a request to deprive the father of parental rights. The application must contain reasonable grounds for such a decision, supported by relevant evidence.
• Collection of evidence:the claimant bears the burden of proof regarding another person’s evasion of his duties to care for the child. There is no exhaustive list of such evidence, we focus on the current situation.
• Judicial proceedings: Despite the father’s consent, the court must still carefully consider the case. The court examines the evidence, checks whether the deprivation of rights is in the best interests of the child, and only then makes a decision.
• Judgment by the court: If the court recognizes that the deprivation of parental rights is in the best interests of the child, it issues a decision accordingly. This decision can be challenged in the appeal procedure.

Legal consequences of termination of parental rights

Deprivation of parental rights with the consent of the father has the following legal consequences:

1. The father loses all rights to participate in the upbringing of the child and is responsible for his financial support.
2. The child retains the right to receive alimony from the father, even if he is deprived of parental rights.
3. The father loses the right to inherit from the child, and vice versa, the child does not inherit property from the father if he is deprived of his rights.

Conclusion

Termination of parental rights with the consent of the father is a complex and multifaceted process that requires careful consideration by the court. Although the father’s consent can facilitate this process, the final decision always rests with the court, which must consider the best interests of the child.

Parents facing such a situation are advised to contact a qualified lawyer of Prikhodko and Partners for professional assistance.