✅ Deprivation of parental rights from the adoptive parent

Deprivation of parental rights of an adoptive parent in Ukraine

Scriabin Alexey Nikolaevich

family lawyer

Our family lawyers are often asked the following questions: What is the procedure for termination of parental rights? Is it possible to restore parental rights? What documents are required to terminate parental rights?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Deprivation of the adoptive parent of parental rights” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.

1. If the adoptive parent was registered as the mother, father of the child he adopted, he may be deprived of parental rights if there are grounds established in Article 164 of the Family Code.
2. If the adoptive parent is deprived of parental rights, the consequences established by Article 166 of the Family Code occur. In the event of the death of an adoptive parent who has been deprived of parental rights, the child receives the right to inherit on a general basis.
3. The parental rights of the adoptive parent may be renewed in accordance with the provisions of Article 169 of this Code.
4. Deprivation of parental rights (that is, the rights to raise a child, protect his interests, to take the child away from other persons who illegally detain him, etc.), which are granted to parents until the child reaches the age of majority and are based on the fact of kinship with him, is extreme a measure of influence on persons who do not fulfill parental responsibilities, and therefore the issue of its application should be resolved only after a full, comprehensive, objective clarification of the circumstances of the case, in particular the attitude of parents to children (paragraph 15 of the Resolution of the Plenum of the Supreme Court; of Ukraine “on the practice of applying courts of law when considering cases of adoption and deprivation and restoration of parental rights “).

Grounds for depriving an adoptive parent of parental rights in Ukraine

The deprivation of the adopter of parental rights in the doctrine of family law is considered as a measure to protect the rights of the adopted person (in order to prevent violation of the rights of the child and, as a measure of responsibility for the adoptive parent (deprivation of the right to be an adoptive parent, guardian, trustee in accordance with clause 3 of part 1 of article 212 of the SK ).

The application by the court to the adoptive parents of a sanction in the form of deprivation of their parental rights is possible only if the adoptive parent is registered as the mother, father of the adopted child and upon establishing the fact of guilty behavior of the adoptive parent, provided for in Art. 16 SK.

The grounds and procedure for the deprivation of the parental rights of an adoptive parent for an adopted child are determined in a general manner (see the Commentary to Articles 164, 165 of the Criminal Code).

Consequences of deprivation of parental rights of an adoptive parent in Ukraine

In case of deprivation of the parental rights of the adoptive parent, the consequences established by Art. 166 CK (part 2 of Art.242 CK).

A person deprived of parental rights:

• loses personal non-property rights to the child and is released from the duties of raising him;
• ceases to be the child’s legal representative;
• loses the right to benefits and state benefits provided to families with children;
• cannot be an adoptive parent, guardian and trustee;
• cannot receive in the future those property rights associated with paternity that she could have had in the event of her disability (the right to maintenance from a child, the right to a pension and compensation for harm in case of loss of a breadwinner, the right to inheritance);
• loses other rights based on kinship with the child (for a detailed commentary on the legal consequences of deprivation of parental rights, see the commentary to Article 166 of the UK).

What does deprivation of parental rights mean for an adoptive parent in Ukraine?

The deprivation of the adoptive parent of parental rights does not relieve him of the obligation to support the child (part 2 of article 166 of the SK). If the claim for the deprivation of parental rights is satisfied, the court simultaneously makes a decision on the recovery of alimony for the child. If one of the child’s adoptive parents refuses to receive alimony from a person deprived of parental rights, the court decides to transfer the alimony to the child’s personal account at the branch of the State Savings Bank of Ukraine and obliges the mother, father or other legal representatives of the child to open the specified personal account within a month. from the date of entry into force of the court decision (part 3 of article 166 of the SK).

According to Part 1 of Art. 167 SK, if the child lived with one of the adoptive parents who have been deprived of parental rights, the court decides on the possibility of their further residence in the same dwelling. The court may order the eviction of the one with the adoptive parents who have been deprived of parental rights from the dwelling in which he lives with the child, if it is established that he has other housing in which he can settle, or decide on the forced division of housing or its forced exchange. If the child was transferred to relatives, mothers, stepfather, guardianship and trusteeship authority, she retains the right to live in the living quarters in which she lived, and can return to him at any time (part 6 of article 167 of the UK).

Receiving inheritance of infants after the death of the adoptive parent in Ukraine

In the event of the death of an adoptive parent who has been deprived of parental rights, the child receives the right to inherit on a general basis.

In particular, according to Part 1 of Art. 1260 Civil Code in the case of inheritance by law, the adopted child and his offspring, on the one hand, and the adoptive parent and his relatives, on the other, are equated to relatives by descent. That is why in the event of the death of the adoptive parent, deprived of parental rights, the child receives the right to inherit on a general basis, since children are not deprived of property rights based on kinship, and remain heirs of the first priority (clause 14 of the Resolution of the Plenum of the Supreme Court of Ukraine “On practice” courts of law when considering cases of adoption and deprivation and restoration of parental rights “).

The parental rights of the adoptive parent may be renewed in accordance with the provisions of Art. 169 SK.

At the same time, the restoration of parental rights is impossible if:

• the child was adopted and the adoption was not canceled or invalidated by the court (part 2 of article 169 of the UK);
• at the time of the consideration of the case by the court, the child has reached the age of majority (part 3 of article 169 of the UK).

Family lawyer in cases of deprivation of an adoptive parent of parental rights in Ukraine

For an effective solution to the case of deprivation of the parental rights of the adoptive parent, you should contact professional family lawyers.

Family lawyer:

• provide legal advice on family matters;
• will help to determine the best option for solving a family case;
• prepare all the necessary documents;
• accompanies the course of the entire trial.

Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!

Scriabin Alexey Nikolaevich

family lawyer

Contacting us is a way to save time and money in resolving the issue of depriving an adoptive parent of parental rights.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in resolving a case on deprivation of an adoptive parent of parental rights is to contact good family lawyers!

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