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Abandon the child in the hospital. Refusal of a child by a mother or father, abandonment of a child in a maternity hospital: procedure and legal consequences Refusal of a child with PVL in a maternity hospital

You can have a different attitude towards a mother who refuses her own child in a maternity hospital, each young mother has her own reasons for such an act, but the legal registration of the refusal of the baby must be drawn up correctly.

Based on the laws of the Russian Federation and the entire regulatory framework, there is no document that would directly allow a parent to give up their rights to a child. Only a court decision can violate the inalienable right of a parent, based on actions in the interests of the child, but even in this case, the court limits the rights of parents without completely alienating them.

Having fulfilled the court order, parents can try to return full parental rights 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 education under state supervision with the subsequent right to provide other citizens interested in the baby with the opportunity to adopt such a child.

If the baby is abandoned in the maternity ward, the final decision and the assignment of the status of the baby is made by the court. At the same time, no one cancels the obligation of parents to educate and provide assistance to the newborn, even if she abandons the child, the mother must participate in the life of the child to the extent 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 baby in a particular period, the deprivation or restriction of parental rights does not affect the rights of the child himself. In this case, we mean the right of hereditary acquisition of the property of the biological parents of the child on legal grounds after their death.

However, you need to understand that if a child is adopted by other people, the baby loses the right to receive an inheritance after the death of the biological parents, and acquires rights in relation to his adoptive parents.

An inalienable right of a child remains to receive a state survivor's pension if the baby was abandoned in the maternity hospital or the parents were deprived of their rights by a court decision. A child cannot turn out to be anyone's, one way or another, under the supervision of the state, the right and duty to raise children will be realized.

How is the abandonment of the child in the hospital

Parents who want to abandon their baby in the maternity hospital are explained the work of the social service and doctors all the burden of responsibility for such a decision, the legal side of the issue. They carry out explanatory work, telling what duties they will have even after giving up the baby, what rights they will lose.

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

The application is made in writing on the form provided for such a 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, you must indicate the full name of the body where the application is sent, most often they enter 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 full passport details of the applicant, the address of the actual place of residence, contact details;
  • Formulate in writing the grounds for such a decision, describing in detail the reasons for abandoning the baby, indicate the name and surname of the child, date of birth;
  • Further, it is necessary to declare the consent of the parent to deprive him of his rights in relation to the baby indicated above in the text, about the full understanding of responsibility for his actions;
  • The applicant fixes that he agrees with the further adoption of the child by third parties, about the understanding of the irrevocable 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 the notary.

After the mother signs on the form, de jure she is considered a parent deprived of the rights to the child, but with a voluntary refusal 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 decide to leave the child and withdraw the application for abandoning the child.

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

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

You can download the application for abandonment of a child

Is it possible to abandon a child in the hospital anonymously

It doesn’t matter how it turns out in practice to carry out an anonymous abandonment of a child, this action is a crime, since according to Russian family law, any mother does not have the right to abandon her own child anonymously in the first six months of a baby’s life.

Summing up, it is necessary to note the following fact, parents who abandoned a child at a young age or due to some conditions, conditions or other reasons always remember their decision with regret. That's just once abandoned the baby, such parents are forever deprived of the opportunity to experience the joy of motherhood or fatherhood, raising their own child.

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

Child abandonment options

Possible refusal options:

  • leaving a child in an institution
  • consent to adoption

Many believe that when a child is abandoned in a maternity hospital, the mother is immediately deprived of parental rights. This is wrong. All actions of this kind take place in accordance with the law, and only by the court.
But, a possible reason for depriving such parents of parental rights, of course, is the refusal, without explaining clear arguments about the refusal to take their child from the institution of the maternity hospital (department).

Recovery of alimony after abandonment of a child

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 the main decision is made in the case, on deprivation of parental rights, the court issues a ruling on the issue of recovery from such parents of alimony on minor children.

Alimony will be paid to the person, to whose upbringing the child will be transferred, after abandoning him. Such persons may be:

  • other parent
  • guardian or guardian
  • adoptive parents

If such persons are not found, the child is placed in a children's institution. In this case, the funds will be transferred to the account of this institution. At the end of the stay in a children's 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 a branch of the Savings Bank of the Russian Federation

List of invariable rights of the child

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

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

Deprivation of parental rights is a perpetual action. Russian legislation provides that the circumstances that led to the sanction of deprivation of parental rights can be eliminated, so 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.

Form of abandonment of the child

Modern family law does not provide for an article on the abandonment of a child. 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 the status of parents. Such a statement in the institution is called a child abandonment form. This document will be sent to the court, guardianship and guardianship authorities or the registry office.

Practice shows that parents who have written a refusal form from their child almost always remember their child at the time of old age and lack of their own livelihood.

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

There are no more stages. After signing this form, the 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 can 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 the family, and a number of legal acts are being adopted to regulate the material support of this institution.

“Your child turned out not to be a domestic one, but a boarding school one”, “he will be a vegetable and will never love you, and your husband will leave you, why do you need this cross”, “hand over to the state!” - The board of trustees under Olga Golodets is developing documents prohibiting such “benevolent recommendations” from employees of maternity hospitals to parents of children with disabilities.

“Hand over and forget, you will give birth to a healthy one”

- 21 years ago, at the Moscow Institute of Obstetrics and Gynecology, I was strongly advised to abandon a child born with a cleft lip and palate. Since on the same day three children with our pathology were born and two were persuaded to abandon their children, they looked at me, who refused to hand over the child to the orphanage, as if I were insane and explained for half an hour that in addition to the fact that I “gave birth to a freak”, the girl “still and will be mentally retarded. Yep, retarded. They should be so retarded themselves. At the age of seven, a child gave us lectures on astronomy, Asya writes in the community “Special children are happy children”.

http://www.likar.info

- I am an adult, I work. Well, why, it would seem, should I refuse a pretty baby with 47 chromosomes ?! But they clarified three times whether I was going to leave my son in the baby's house. Every time I was asked a question about the future fate of the baby, I felt sick from the absurdity of what was happening to me. I'm a flint, but for two months I came to my senses. If the mother does not need the child, then the state even more so, Svetlana echoes her.

Parents of children with special needs, who are diagnosed in the hospital, constantly talk about the stress caused by medical advice "not to take on this cross." Children are called “this”, they predict the life of a vegetable for them, they promise that their mother will never wait for good feelings or even recognition from him. It happens that they put pressure separately on the mother, separately on the father and other relatives, so that if the mother does not want to leave the child, the husband who believes the doctors and worried parents join the persuasion. They frighten mothers with the breakup of the family, they often say something like “forget this and give birth to another, healthy one”, they do not allow them to breastfeed, “so as not to get used to it”.

Is the maternity hospital doctor a well-meaning enemy?

- They offer refusal in the maternity hospital, not because they are bastards, but because they really refuse children, especially sick children. They leave them at the maternity hospital and run away, they leave them in hospitals, they leave them at train stations and in all sorts of public places. They refuse both newborns and grown-ups. I know such children: for example, a child was thrown at night on the porch of a nursing home for adults. It just so happened, a friend witnessed how the mother of this baby was offered to write a refusal a couple of weeks earlier. She was very indignant, they say, no, and for nothing. A child who is not issued a refusal, abandoned in a hospital, cannot be adopted for at least six months. People are different, and mothers are also different, and refusal, unlike “strangle with a pillow”, is at least reversible, - says the community moderator “Special children are happy children”, the mother of a child with a congenital complex neuropsychiatric developmental disorder.

I have discussed this issue with doctors. They themselves do not understand that the state has trained them to deliver such children to boarding schools, that they leave children without a future. They think they are doing a good deed by freeing their parents from suffering. Doctors are sure that these institutions provide excellent care. If a child lies down and cannot stand, they do not know that there are standers, strollers, that an accessible environment can be created. They think that apart from a bed, injections and food, the child does not need anything. I myself heard the doctor say to the director of such an orphanage: how many free beds do you have? Three? I'll provide you with three now. And he went to "knead" the mothers - to knock out refusals. They just carry out the plan, - says Svetlana Guseva, the organizer of the society of nursing mothers " Mothers of the world ».

The son of Svetlana Leva was born prematurely. Having been born, the baby did not breathe, in addition, he had a hemorrhagic stroke. Now Lyova has cerebral palsy, he can't see well and can hardly hear. In the maternity hospital, Svetlana was persuaded for a long time to abandon her sick son:

- They also called me into the office, they said that it was a freak, that I didn’t need it. No one has the right to put me in such a situation, humiliate my mother, disrespect her and underestimate her. You can’t consider a mother a “consumer”, talk about a child “this is a broken thing, throw it away.” They say in carbon copy: the child has no brain, you will take care of him and will not be able to work, the husband will leave. This "load" from the doctor led to my depression, many mistakes. All the negativity, bitterness and depression I received in that office. No smile, say "congratulations on the child, although he has certain problems." And so I suffered for two years - I thought that I had an idiot ...

Everything changes?

Previously, parents and social activists changed the climate in society and in maternity hospitals on their own.

- I live in Nizhny Novgorod. Seven years ago I had a child with Down syndrome, - says Olga. - I was repeatedly asked the question whether I would still refuse the child or not, in the maternity hospital and then in the hospital. When I came to the maternity hospital for the second child, I took with me a photograph of the first (he was two years old and he was very pretty). The head of the department of neonatology asked permission to show it to all her employees, "so that they know." And then they see only newborns.

Now the state has joined the efforts of parents and philanthropists. In September, the Ministry of Health of the Russian Federation sent recommendations “Prevention of abandonment of newborns in maternity hospitals” to the state authorities of the constituent entities of the Russian Federation. The document describes the work not only with mothers of disabled children, but also with all women who verbally or in writing express their intention to leave the maternity hospital without a newborn. Fortunately, among other things, there is a recommendation to organize a set of measures to support the family that has decided to keep the child, if support is needed. As an example, the practice of maternity hospitals in the city of Arkhangelsk is given: in the case of the birth of a child with congenital developmental disorders, the maternity hospital staff calls specialists from the “early intervention center”, who explain that they will not leave the woman and her child after discharge from the maternity hospital. She will receive not only medical assistance, but also psychological support, assistance in the upbringing and development of the child.

I am also pleased that the document requires doctors to first obtain the consent of the woman to work with her. Thus, women should be insured against “reverse pressure”, when, in order to “fulfill the plan”, they would be forced to take away children whom they are not yet able to accept.

It took exactly a year to prepare the “recommendations”: in September 2013, Olga Golodets stated that the practice, when doctors strongly suggest that mothers issue a refusal (consent to adoption) from a child, is subject to a ban. However, the issued recommendations of the Ministry of Health of the Russian Federation prescribe to organize rehabilitation measures for a year. What's next?

He is four years old? So what! Forget and give birth to a new one!

If the manner of suggesting a mother to abandon a child was characteristic only of maternity hospital doctors, parents of children whose diagnoses are not determined in infancy and at first glance would avoid such problems.

“At the maternity hospital, the boy was normal,” says Natalya, the mother of a child with early childhood autism syndrome and severe mental retardation. - In the maternity hospital, no one offered to leave the baby, but when the diagnosis was made at the age of three, they offered. They said that the child was very difficult, and that all my life I would twist myself, and I wouldn’t even wait for a good attitude from him. I believe that the medical staff makes such proposals out of good intentions: they know what the mother of such a child will face in the future, they know about what the mother herself does not think about yet.

Natalya is convinced that mothers are always able to give their children more than they can in a state institution, but she believes that mothers need to be warned of what awaits them. And not on emotions (“he will never love you”), but on specific facts. For example, “you will drive to school (but still to school!) By the hand, sit and wait, you will never be able to leave one, he is unlikely to be able to work himself, the pension in the country is such and such.”
Masha's four-year-old child is diagnosed with mental retardation, autistic traits, and hyperactivity.

- It is impossible to go out with a child (we had to leave Moscow for a rented private house), it is impossible to go to the doctor (only at home, all with a howl). A year ago, the child almost did not react to the world, while the “hyper” and “howl” components went off scale, says Masha. - A paid neurologist confidently said that if we go to receive a disability, they will give us. And then quietly: you are young, beautiful, there are such and such boarding schools ... The free doctor said about this even earlier.

“In the maternity hospital, they didn’t offer me to refuse, but six months later they put me at risk of cerebral palsy and sent me to a hospital for a consultation,” recalls Olga Shulaya, a member of the “Mothers of the World” community of nursing mothers. “That's where it all happened. The doctor examined our daughter, as if it were not a little man, but just a piece of meat, and announced the verdict: everything is useless, the child has serious disorders, why do you need him. Give birth again. I came out with a screaming lump in my hands and sobbed in the car for an hour. I didn’t understand how it was possible to say to a mother who had been breastfeeding, raising and nursing for almost half a year: drop it and forget it ... She did not have a drop of sympathy.


Nick Vujicic
http://geqo.net/

Rejection is better than (suicide) killing

Paradoxically, some mothers of special children say that doctors' recommendations to abandon the child helped them keep the child in the family.

- My child was diagnosed not at the maternity hospital, but at the age of four in the hospital. The diagnosis is wrong, but not the point. They immediately said that it was necessary to apply for a boarding school, that he would not be able to cope with school, which would be very difficult for him. It's really hard for him. But, apparently, it was then that I NEEDED to know that “if anything”, I can “jump off”. If I completely run out of strength, I will hand over to a boarding school and I will pick it up for the weekend. It probably gave me extra strength. As a result, I went to school of the eighth kind. He knows and understands a lot. Over the past six months, the two words “bye” and “cook” have grown to two-syllable sentences like “kitty is sitting”. But it was then that it was important for me to know that if I wanted to, I could free myself. And much later I realized that my freedom is precisely in this, - a member of the community "Special Children - Happy Children" told "Mercy.RU".

“I had a very difficult period when my son had terrible tantrums and so on, and in bouts of severe depression I thought about ways to end my life,” says another mother of a special child. - Around there were no offers to give it away, on the contrary, it was only heard: hold on, pull yourself together, the child needs you calm, etc. And then, in the classroom with a psychologist, a phrase suddenly sounded that if it was really hard, then I could send him to a boarding school. I was indignant, they say, I’m not going, it’s impossible. And the psychologist again said that she did not say that it should be given away, but I should know that it is possible to do so. That I can visit him, see him, pick him up for the weekend, keep in touch, that this will not mean quitting, this is just a way out if the situation turns out to be hopeless. It took me a while to accept this thought. But since then, I've gotten better. This thought alone gave tremendous strength to take care of the child. And then it kind of eased up.

- Communicating with mothers, I realized that there are mothers who are ready to abandon the child. And there should be such an opportunity. Not every parent can live with a sick child, and if a woman is ready to refuse, it’s better to refuse, - says the mother of a child with cerebral palsy, a member of the Mothers of the World community of mothers-nurses Olga Shulaya. - You can't pressure anyone. I know a woman who was ready to refuse, but her husband took the child. Yes, she has been living with this child for 14 years. But she has no feelings for him. For what? And the child suffers, and she does not live. There are few such mothers, but they also exist.

What does society expect from the state and doctors?

Yulia Kamal, chairman of the Moscow City Association of Parents of Disabled Children, told Mercy.RU that work on documents that will regulate the behavior of doctors in relation to disabled children and their parents continues.

– We are talking about a ban not on the refusal of children with disabilities, but on the recommendation of these refusals. Any mother who has given birth to a child is free to do as she wants, another thing is that she will be offered help, it will be explained what will happen to the child in the future. She should not be offered a refusal in a rude form, they should not determine at the time of birth whether the child is curable, what are his developmental prospects. Everyone I know got depressed from the information that the child was incurable. Many thought about suicide. We are all weighed down by the Soviet idea that we and our children should be "like everyone else."

“It is necessary to develop new instructions for the actions of a doctor at the birth of a child with Down syndrome that would meet modern ideas about legal, humanistic, and other values,” Alla Kirtoki, family support coordinator, Downside Up Foundation psychologist, told Mercy.RU. - If a child was born with the risk of abandoning his family (a dysfunctional family, a special child, etc.), it is necessary to provide him with "insurance" - to provide assistance to the family (psychological, social) in order to eliminate misunderstandings, such as, for example, emotional transient states, to help parents make an informed decision. In no case should one provoke refusal and manipulate feelings of duty, etc. If parents want to see, feed the child, take them to the family, they need to be supported in this and provided with social, psychological and pedagogical support at an early age.

- If a mother decides to raise a special child, it is very important to give contacts of people and organizations that can help her with this. At least the coordinates of the local rehabilitation center, special clinics that deal with this issue. Despite the abundance of information on the Internet, a person in a state of shock can rarely figure out where to look and what to do now, Natalia, the mother of a child with early childhood autism and mental retardation, agrees with the public.

“It is necessary to give quotas for treatment not to the nearest center where the surgeon sees such a child for the first time, but to specialized ones, where surgeons operate on several such children a day,” Asya, the mother of a child born with a cleft lip and palate, will clarify.
Svetlana, the mother of a child with Down syndrome, urges doctors and psychologists to share the responsibility:

“Maternity hospitals and hospitals need lawyers and psychologists who can give women the necessary advice, and also help them contact foundations and public organizations that provide support to parents of children with disabilities. All this is not within the competence of doctors. Their task is not to harm health.

The help of a psychologist for mothers of special children is needed, if not for life, then for a long time:
- You are floundering, you are exhausted, but no one notices this, often - sidelong glances and condemnation. We should at least occasionally stroke our heads: not everyone and not always has enough internal strength to cope with all this load of problems and joys, - says Olga, the mother of a child with a congenital malformation of the esophagus. – The help of a psychologist, oh, how not enough!

According to the opinion of mothers of special children, a woman can always find information about the possibilities of “surrendering a child to the state” herself or demand it at the maternity hospital on her own initiative. After all, those who give birth to healthy children in a complete family are never offered a refusal, and refusals happen. Why does the threat of cerebral palsy or an extra chromosome become the basis for a discriminatory proposal to violate the child's right to a family?

Some parents, however, believe that it is impossible to completely eliminate information about the possibility of refusal.

- The voicing of such an option does not at all mean insistence, intimidation and persuasion. Mom has time to think. And even having made such a decision, she can change her mind and take the child, - says the moderator of the community "Special children - happy children."

The state saves

On the one hand, the costs of the state for the maintenance of a disabled child in an orphanage are many times, if not an order of magnitude, greater than the benefits that mothers receive for a “home” child. On the other hand, if we compare these costs with the real cost of rehabilitation and treatment ...

- As I understand it, it is easier for the medical staff when a difficult child is in an orphanage. No one "itches" there. And the mother demands - operations, rehabilitation, disability, benefits. The horror is simple, so many worries ... Let him better hand over and get rid of! - writes a member of the community "Special children - happy children."

- As soon as we got the diagnosis of cerebral palsy, tetraparesis (this is the most severe form), the doctors put an end to us, in the clinic they stopped communicating with us altogether. We had to look for doctors and methods ourselves,” says Olga Shulaya from the “Mothers of the World” society of nursing mothers. - Then I got the feeling that it is very beneficial for someone that there are so many sick children. Numerous centers appeared that promised good results, but you have to pay money for everything, and a lot of it. Even in the neurological center, which was supposed to provide free services, the defectologist worked only for money. There were queues for a massage, but the massage therapist did not hesitate to offer paid services. They simply earn on our grief - after all, parents will not regret anything for a child. But it is very profitable for officials to keep such children in boarding schools. The difference between the amounts allocated and allocated for the maintenance of a child in a boarding school, and what is actually spent on him, is huge money, and they will hold on to it to the last.

- While 70% of parents refuse newborns with disabilities, and 30 years ago 95% refused. Our doctors are mainly from the generation when such children did not get into families. If 100% of disabled children end up in families, then a revolt of parents will begin, because there are almost no rehabilitation programs. In the meantime, the majority in boarding schools, it is possible to maintain the appearance of well-being, - says Svetlana Guseva, organizer of the Mothers of the World society of mothers-nurses.

Doctors are trained too

Working with a doctor should begin at a medical school.
“Our doctors and paramedical personnel need to immediately be given the idea that, for example, children with Down syndrome are wonderful, and not blue with their tongue hanging out,” Yulia Kamal is sure.

Alla Kirtoki, family support coordinator, Downside Up psychologist, equated the myth about the total desire of doctors to send disabled children to closed boarding schools with the myth about the total lack of education for special children. Yes, there are problems, but there is also progress:
- Recently, parents who have not encountered “pressure” in the maternity hospital have increasingly come to our center. On the contrary, there are frequent cases when psychologists are invited to their hospital at the request. Most likely, there were no current regulations to convince parents to abandon children with disabilities in recent years. There is no single, meaningful, justified procedure for how a doctor should behave in such a situation. This forces the doctor to rely on his worldly, personal ideas and "fragments" of traditions (there were outdated Soviet instructions).

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Private question.

I am an orphan 19 years old, pregnant with my second child, if I refuse it, will they deprive me of parental rights to the first?

Hello, I am an orphan, I am 19 years old, I have a 2-year-old child, and I am pregnant at the 6th month of pregnancy, can I write a waiver of the child in the maternity hospital, and am I entitled to the first one? And will items be collected from me?

Rejection of a child in a maternity hospital is a phrase that makes most people shudder, nevertheless, there are many different situations in life that lead to such a decision. According to popular belief, leaving a newborn baby in the hospital is the easiest way to refuse him. It is believed that this is the most painless for both mother and baby. In fact, this procedure is very difficult and lengthy. The mere intention of leaving a child is not enough.

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

Most people misunderstand the very idea of ​​abandoning a newborn. Despite popular belief, it is impossible to relieve yourself of the burden of obligations by simply writing a statement in a 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 necessary, including food, clothing and shelter. The rights are not as extensive as the duties, and not as material, the mother has the right to love, respect and reverence from the minor.

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

Possible reasons for abandoning a child

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

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

  1. The pregnancy was unplanned, and the man does not want to take responsibility for the mother and baby.
  2. The girl does not have the opportunity to provide for the baby, she has neither housing nor work.
  3. The relatives of the woman in labor set the condition that they would stop supporting her. Relatives can mean various people, it can be parents and more distant relatives, and perhaps even the biological father of the baby.
  4. The woman realized that she had made a mistake and did not want to take on such a burden as raising a minor.

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

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

Registration of refusal

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

A woman who refuses a child should:

  1. Decide on the appropriate action.
  2. Write a waiver.
  3. Submit it where required.
  4. Leave the maternity ward on the same day, after submitting the application, because the woman in labor has no more reasons to stay in the hospital and the state will not allocate funds for her maintenance there.
  5. Within six months, seriously consider the decision. During this period, there is still an opportunity to replay everything and return it back.
  6. After six months, you will have to appear in court to be present at the process of depriving parental rights. It is after the trial that the rights of the objector are finally taken away, and the payment of alimony allowance for the baby is assigned.

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

Drawing up an application

An 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. You don’t have to show your passport either, because when you get to the hospital, the woman in labor is issued according to all the rules, because all the confirmed data about her have already been entered into the database.

The application must indicate:

  1. Full name of the head physician of the maternity ward, to which the paper is actually submitted.
  2. Refusal data. Be sure to write the full name and address of residence and registration, if these are different addresses.
  3. The text itself expresses the desire to leave the baby in the hospital.
  4. Consent to its further adoption by third parties is added.
  5. Signed and dated.

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

Where to apply?

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

By law, the written application must be transferred to the head 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 is observed and completed, and the woman remains unconvinced, then the doctor is obliged to transfer information about what happened further. He is obliged to notify the guardianship and guardianship authorities of the incident 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 moment of deprivation of parental rights, and the child until the day he is transferred to the orphanage for babies or other parents for upbringing.

What are the legal consequences of abandoning a child?

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

  1. She receives the status - deprived of parental rights. Although it does not have any material consequences, it is quite revealing.
  2. A woman is awarded alimony allowance for her child until he turns 18, and if he is disabled, then possibly for life.
  3. From now on, she will not be able to claim help from a child in her old age.
  4. She loses all hereditary rights in relation to the property of her children.

Until the age of majority, you can restore your parental rights, subject to certain conditions.

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

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