The child is not needed: sad, but what to do without breaking the law?

For some married couples, the birth of a baby is the happiest day in their life, but there are also couples where the addition of another family member is nothing more than disappointment and a burden. Recently, many women have decided to take a desperate step - to leave their newborn in the maternity hospital. There can be many reasons for this; each woman in labor has her own reasons, so they should not be condemned for such an act. If the decision has already been made and is not subject to challenge, then it would be reasonable to familiarize yourself with the legal aspects of such a procedure as abandoning a child in a maternity hospital.

Is it possible to abandon a child in the maternity hospital?

Is it possible to abandon a child in the maternity hospital? A huge number of women, in particular young women, who have become hostages of life circumstances and do not see any other way out of the current situation, are interested. In fact, according to the law, it is impossible to abandon her offspring; however, the mother can write an application to abandon her newborn; the maternity ward workers always have a claim form. Based on this application, as a consequence, her parental rights will be deprived and the baby will be sent straight from the maternity hospital with the relevant documents to an orphanage.

If the child is abandoned voluntarily in the maternity hospital, then after placing the baby in the home, the mother is given 6 months to change her mind. After this time, the baby will be assigned a guardian or he will be adopted anonymously by another family.

It will be interesting to know that if a mother refuses to pick up her child from the maternity hospital, this is already a reason for depriving her of parental rights. In such a situation, in court, she will be deprived of her rights to the baby, even if she does not write a waiver herself. The father or grandparents can also take the child from the hospital, but if they also refused to visit the maternity hospital, then the newborn can be immediately adopted. Today there are a huge number of childless couples who stand in line for years to accept a new family member and take care of him from the first days of life.

Is it possible to leave a child in the maternity hospital?

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Is it possible to leave a child in the maternity hospital? According to the law, such a right is not granted. It is believed that the rights of parents are inalienable, even if deprived. But under any circumstances, and this includes the abandonment of children in the maternity hospital, parents still retain the obligation to support a minor or a child up to a different age, depending on the specific circumstances.

In addition, the fact that the mother left the baby in the maternity hospital will not appear on his personal rights. This also includes hereditary ones. In other words, after the death of a parent who has been deprived of parental rights, the child retains the right to inherit. This will not apply to children who were adopted. In this case, the right of inheritance will apply exclusively to the property of the adoptive parents.

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The personal rights of a child also include the possibility of receiving a pension in the event of the loss of a breadwinner. In particular, if the parent paying child support to his (non-adopted) child died at this time, then the state will pay a pension to the minor.

We can conclude that it is actually impossible to abandon a child (either the first, second or third) after his birth in the maternity hospital. But the state has developed a special algorithm, according to which it is possible to transfer the rights to upbringing either to other persons (allow adoption) or to the state. But child support payments for maintenance are still assigned to the parent by blood.

Options for abandoning a child

The procedure for abandoning children in the maternity ward differs in different countries; for example, Russia implies two forms of abandonment:

• stay in a medical facility;
• signing consent for adoption.

How exactly to write a statement is up to each woman to decide for herself; of course, in the first case, she will have more time to think carefully about her action; in the second case, when leaving the maternity hospital, the woman may never see her baby again. In court, she will be deprived of parental rights and adoption will be quickly processed if there are anyone willing, and they will be charming. The secrecy of adoption is guaranteed by the Constitution; therefore, a woman will not be able to find out by whom exactly and where the newborn was transported to live.

Registration of voluntary renunciation of paternity

Do parents pay child support when abandoning a child in a maternity hospital?

As can be understood from everything described above, abandoning a baby does not relieve would-be parents from fulfilling their responsibilities to support the child. Even though they actually have no rights to do so.

Some mothers who have abandoned their child are interested in whether it is possible to free themselves from the burden of maintenance. It all depends on how exactly the documents were drawn up.

If, for some reason, information about the mother is not indicated in the official documentation, then, in fact, there is no one to file a claim with. This situation is in most cases the exception rather than the rule. If a woman decides to leave her newborn in the maternity hospital, then the refusal is formalized. The mother's details must be indicated in the papers.

For whatever reasons a woman decides to give up her child, she will have to take part in his life.
There is no one to take care of him, so she will have to pay a certain amount of money to her child until he is officially adopted by another family. As a rule, according to the Family Code of the Russian Federation, you can stop being a mother only in one single case - if a woman is deprived of parental rights. It is also permissible to restrict the rights of parents, which is not the same as deprivation of rights.
This legal act has rules that establish the following: mother and father are obliged to support their own children until they reach adulthood. If a mother for some reason abandoned her newborn baby, this does not exempt her from fulfilling her child support obligations.

A woman who abandoned her baby in a maternity hospital must pay child support, just like mothers who simply left their family. This does not happen often, but there are isolated cases. Grief mothers leave their families, leaving their children to be raised by fathers, grandparents and other relatives.

We must not forget that, in addition to the mother, an abandoned child also has a father. The pressing question of whether he is exempt from paying alimony when abandoning a newborn is considered exclusively from a legal aspect. It is also necessary to look at the problem from a sociological point of view.

We need to figure out what kind of mothers leave their children in the maternity hospital. Probably those women who have some problems in life.

Problems can be of a material or psychological nature. The following examples can be given:

1. a woman who is not married or in a relationship with the baby’s father does not want to raise her daughter or son alone, without support. This is explained by the fact that she does not have the financial means to raise and support her. Often this is the opinion of the mother herself;
2. the baby was not desired by the mother and father. Often women have to give birth to children from unloved men. There are also more complex situations: for example, a girl was raped and, therefore, became pregnant. She did not want to have an abortion and decided to give birth. At the same time, he is not going to participate in the upbringing and maintenance of the child. In this case, the injured woman cannot be blamed;
3. the mother gave birth to a disabled child and is afraid of the difficulties she will have to face. She decides to give up her child.

Often a woman wants to give up the child in a maternity hospital, but the father remains unknown or also does not express a desire to raise the child. A completely logical question arises here: is the father obliged to pay child support for an abandoned child?

You can pay attention to several typical cases:

1. the woman was not in an official relationship before giving birth or at the time of the birth of the baby. She knows nothing about the child's father. It is difficult to somehow influence the situation here. Only she will have to pay. Of course, if the father's identity is not established;
2. the woman was previously married to a man. Her husband automatically becomes the father of the child. Parents must allocate funds for the maintenance of children. The spouse has a chance to challenge paternity if he suspects that he is not the biological father. The most important thing is that there are reasons for this.

In other words, answering the question of whether parents pay child support for abandoned children, we can conclude: yes, the Family Code does not relieve the mother and father from this obligation.

Registration of refusal

The procedure for abandoning a child in a maternity hospital begins from the moment the application is submitted. It is written in the name of the head physician of the hospital where the woman gave birth. In the application, the woman must indicate that she does not intend to take the newborn from the medical institution and that she has nothing against his adoption. The application may have the following structure:

1. First and last name of the head physician or the name of the medical institution where the woman is staying.
2. Your personal information and residential address.
3. Document's name.
4. The main text, which indicates information about the little citizen’s date of birth, his gender and other characteristics, and also indicates his voluntary refusal.
5. The date the document was drawn up and the woman’s signature.

Sometimes, a woman in labor is offered a ready-made form, in which she only needs to enter her data and confirm it with a signature.

To formalize the refusal, the head physician, having received the application, contacts the Guardianship Authorities. Employees of this government agency prepare a package of documents to submit to the court, and deprive the woman of parental rights. A woman can withdraw her application within six months if she has not given consent to the adoption.

It should be noted that the father also has the same rights to the newborn, therefore a statement of the same content must be taken from him. If he refuses to write it, then all responsibilities for the upbringing and financial support of his offspring fall on him. The Guardianship Authorities do not have the right to take a baby from the biological father without good reason and give him up for adoption. If a woman has been divorced for more than 300 days or the name of the father is unknown, then an application for abandonment of the father is not required.

Refusal procedure

The procedure for registering a refusal involves filling out an application by the woman who gave birth to the baby using a special form. The document is drawn up in the name of the head physician of the institution where the birth took place. This statement indicates that the child will remain in the maternity hospital, and the mother is not against the baby being adopted by third parties.

It is permissible to draw up a document in written form without strict norms. There is no sample as such. In the upper right corner you should indicate the addressee's name, Mother's full name and actual address of her residence. The baby's details are also indicated. It is necessary to certify the document with the woman’s personal signature. You can rely on the sample we offer as one of the options for drawing up an application.

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As soon as the head doctor of the institution receives such a document, he reports the situation to the guardianship and guardianship authorities. They prepare the required documentation for the court, where the woman will be deprived of parental rights. Typically, this procedure takes up to six months. Essentially, this is the time that is given to the mother to reconsider the decision she has made, perhaps to cope with the life problems that pushed her to abandon the child. In some cases, this is enough for the mother to change her mind and still take the child home. This is possible within six months from the date of application.

You need to understand that parental rights belong to both the mother and the father. Accordingly, in order to abandon a newborn, a statement from a man is required. If such a statement is not received, then education is transferred to men’s shoulders.

Worth knowing! The father of the child is also considered to be the man who divorced the woman at the time of birth, but provided that less than 300 days have passed since the divorce. In such a situation, statements are required (no sample is needed, it is drawn up in free form) both from the woman and from the ex-spouse. Likewise, if the application is not received, then the upbringing of the child is transferred to the men’s shoulders. But the statistics are disappointing. The history of refusals of sick and even healthy children says that in rare cases a man agrees to raise them independently.

In all other cases, for example, if the woman was not married or more than 300 days have passed since the divorce, then only a statement from the mother is sufficient. If a man is aware that he is a father, he can take on the upbringing of the child, becoming his legal representative, guardian or adoptive parent. The situation is similar with all other relatives of the infant. They also have the right to become the legal representatives of the baby if the mother abandoned him and was deprived of parental rights for any reason. And remember that you always have six months to change your mind and still take your baby home. Read also: Alimony through State Services

Can a minor mother write a refusal?

Marriage allows you to speed up the onset of a person’s legal capacity; people who have officially entered into marriage are considered equal to adult citizens and have the same rights. If a minor mother who is officially married wants to abandon the child, then the law does not prohibit her from doing this; it is enough, as mentioned above, to write a statement.

Sample statement of claim for collection of alimony for a child and mother

A minor mother who is not married is essentially a child herself, whose guardian is her parents. In the maternity hospital, a minor mother is not discharged and the child is not given to her until her relative or guardian comes to pick her up and writes an agreement that he assumes all responsibilities for caring for both the mother in labor and the small child.

The signature of a minor woman will not have any legal force in the application for abandonment of the child. If a girl does not want to become the child’s mother, the official guardian, of course, by consent, can be her parents or the child’s father, who can file a claim to establish paternity and take the child from the maternity hospital.

In general, a minor mother will not have to think about how to write a refusal of a child in a maternity hospital, since, in principle, no one would give her the child alone. If her parents or guardians do not come for her, the child will be taken to the orphanage in any case.

Is it possible to abandon a child in the maternity hospital?

Most people misunderstand the idea of ​​abandoning a newborn. Despite popular belief, it is impossible to relieve yourself of the burden of obligations by simply writing an application at the maternity hospital. A woman who gives birth to a child automatically receives rights to it and a whole list of obligations that she must fulfill for at least the first 18 years. One of the main obligations is to support the baby, providing him with everything he needs, including food, clothing and shelter. The rights are not as extensive as the responsibilities, and not as material; the mother has the right to love, respect and honor from the minor.

When a woman in labor decides to leave her 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 refuseniks believe that in this way they will remove the burden of problems from their shoulders, and they will not have to provide for and care for the newborn. By refusing, you can transfer the rights to education to the state, while all responsibilities for its maintenance remain.

Consequences of a mother abandoning her child

Not all women understand the consequences of abandoning a child in the maternity hospital; they mistakenly assume that their child will be in the baby for years, and they will bring him candy once a year and watch how beautiful he grows. There is a very high demand for small children and they are quickly adopted.

If the mother abandoned the child in the maternity hospital, she is deprived of parental rights through the court with or without her presence. As a result, she will not be able to restore parental rights if the child is adopted. She won't even be able to get temporary custody of him.

A mother’s abandonment of a child in a maternity hospital does not give her the right to refuse financial support for the child. Until he comes of age, she is obliged to pay money to the baby’s account, which will be opened by the Guardianship Authorities. The amount of payments will be decided by the court. The mother can abandon the child at any time while in the maternity hospital. This right is guaranteed to her by law. But she must understand that from the moment she signs the application, she loses her actual family relationship with the newborn. She will not receive social payments and benefits for him, which are due to families with children. At the same time, the child himself retains family ties with his grandparents. Can claim inheritance in order of priority.

Now you know how to abandon a child in the maternity hospital. Of course, it would be better if this knowledge was not useful to you and you always warmly welcomed new family members. But, nevertheless, we live in difficult times and it is better to immediately give the baby into good hands than to condemn him to poverty and orphanhood while his parents are alive.

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Right to abandon a child

Only parents can exercise the right to abandon a child. Due to various reasons and circumstances, people are forced to make such decisions. There is a special statement that explains how to relinquish parental rights. To avoid paperwork, single mothers often simply leave the child in the hospital and leave. Under such circumstances, it will be difficult for the baby to find new parents. Writing an application will simplify the registration of the baby in the home or will give the father or relatives the opportunity to take the baby into their care. Family law provides that the written document does not come into force immediately; the mother is given time to think about the decision. (Articles 69-71 of the RF IC) Often, parents abandon their children for the following reasons:

• fetal underdevelopment;
• postpartum stress led to mental disorders;
• minor parents;
• the father and mother do not own the funds to support the heir.

Possible reasons for abandoning a child

Behind any refusenik there is a difficult woman’s 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 doctors in maternity wards, because according to the law, a woman should not voice them in her application. Some refuseniks say why they do this, 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 is unable 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, these 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 shoulder such a burden as raising a minor.

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

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

The moral side of abandoning a child

The legislation does not contain an article on child abandonment, but many lawyers consider it necessary to introduce liability into the Family Code for both the abandonment of a newborn in a maternity hospital and the abandonment of an already adopted baby. Issues of morality in terms of returning a child back if he “didn’t like him” are very acute, since according to the law, adoptive parents can do this for a certain time. It should be remembered that a child is not a thing that can be returned to the store. This is a living human soul that suffers from the fact that it does not have relatives who could take care of it and give a piece of their warmth.

How does child abandonment occur in the maternity hospital?

Parents who want to abandon their baby in a maternity hospital are explained by social services and doctors the full burden of responsibility for such a decision, the legal side of the issue. They carry out explanatory work, telling them what responsibilities will remain with them even after abandoning the baby, and what rights they will lose.

Child abuse in the family.

See a sample statement of claim for deprivation of parental rights here.

Read about deprivation and limitation of parental rights at the following link:

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

The application is made in writing on the form provided for this type of document. After filling out the child abandonment form, the document is sent to the guardianship and trusteeship authorities, to the registry office, and to the court.

Application procedure:

• At the top right you must indicate the full name of the authority to which the application is sent, most often the judicial authorities are included, sometimes it is necessary to send several applications to various supervisory authorities;
• In the “from whom” column it is necessary to indicate the applicant’s full passport details, address of actual place of residence, contact information;
• Formulate in writing the grounds for such a decision, describing in detail the reasons for abandoning the baby, indicating the child’s first and last name, date of birth;
• Next, it is necessary to declare the parent’s consent to the deprivation of his rights in relation to the child indicated above in the text, and a full understanding of responsibility for his actions;
• The applicant records that he agrees with the further adoption of the child by third parties, about the understanding of the irrevocability of the decision made, then the date and signature of both parents, if any, are put;
• After this, the application on the specified form is sent to a notary for registration.

After the mother signs on the form, de jure she is considered a parent deprived of rights to the child, but if she voluntarily refuses for six months, de facto she will not be deprived of the rights of a parent in relation to this baby, since during 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 abandonment of the child.

During this entire period, psychologists and doctors work with the young mother, explaining to her the wrongness of the decision. If necessary, the hospital's in-house lawyer provides free consultations on the mother's difficult life situations that prompted her to make such a decision.

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

The application for child abandonment can be downloaded here.