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Publications Procedure for deprivation of parental rights

This article deals with the procedure for the deprivation of parental rights, the grounds for the application by a court of such procedure and the legal consequences for parents deprived of parental rights.

Unfortunately, parents' nihilism to the upbringing and maintenance of children is not uncommon in modern society. Bearing in mind the gross violations of the rights of the child by the parents, the lack of action taken with regard to their upbringing, and the maintenance of the child in circumstances where there is a real threat to his life and health, The deprivation of parental rights is a specific measure of the legal responsibility of parents for unsatisfactory behaviour towards their child.

First of all, it must be borne in mind that the deprivation of parental rights is carried out exclusively by the courts in accordance with the procedure and grounds provided for in article 1. 164, 165 of the Family Code of Ukraine. Both parents and one of them may be deprived of parental rights, as may be the case for all children or for a particular child. The essential point in the deprivation of parental rights is that the application of such a procedure is carried out by the court in exceptional cases, when it is proved in court proceedings that the rights and legitimate interests of the child cannot be protected by other means.

Under current Ukrainian law, there is no procedure for parents to relinquish their child/parental rights. In fact, this means that by choice, including by certifying that the child/parental rights have been relinquished by a notary, the person does not cease to be the father or mother of the child. The relevant record of maternity/paternity will be entered in the civil registry offices and cannot be deleted on the grounds of the parents' refusal of their child, including the notarized renunciation of the child/parental rights.

Thus, in order to deprive the parents of their rights in respect of a child under 18 years of age, it is necessary to go to court and prove that the parents:

1. Have not removed a child from a maternity or other health-care institution without a valid reason and have not shown parental care for six months;

2. Evading their child-rearing responsibilities (do not care for the physical and spiritual development of the child; his or her education; preparation for independent life, in particular: they do not provide the necessary nutrition, medical care, treatment of the child, adversely affect his or her physical development, and do not communicate to the extent of the child, Do not give the child access to cultural and other spiritual values; do not create conditions for the child’s education);

3. Ill-treatment of a child (ill-treatment consists of physical or mental violence, use of unacceptable methods of upbringing, degradation of the child’s human dignity, etc.);

4. Are chronic alcoholics or drug addicts (parents' chronic alcoholism and drug addiction disorders must be confirmed by appropriate medical reports);

5. All forms of exploitation of the child, including begging and vagrancy (exploitation of the child should be regarded as the involvement of the child in hard labour, prostitution, crime or forced begging);

6. Convicted of a premeditated criminal offence against a child.

One of the grounds listed above would suffice for the court.

The right to apply to a court for the deprivation of parental rights is exercised by one of the parents, a guardian, a guardian, a person in whose family the child is living (grandparents), a health-care institution, educational institution or other children’s institution in which the child is staying, The guardianship and custody agency, the procurator and the child himself or herself who has reached the age of 14.

A person deprived of parental rights loses all non-property rights with respect to the child, but the obligation to maintain the child (to pay alimony payments) remains.

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