How and why can parental rights be revoked?

The duties of the father and mother regarding the upbringing of minor children, as well as the protection of their rights and interests, are fully regulated by the Family Code of Ukraine. The maintenance of the child, care for his health, education, physical and moral development — all this is imposed on the parents and supervised by the state.

What grounds justify the termination of a father’s or mother’s parental rights?

Failure by the father and/or mother to fulfill their duties toward a minor child must be examined comprehensively by the supervising authority, which implies a thorough analysis of all the circumstances of the case. The grounds for deprivation of parental rights are clearly prescribed in current legislation. The Family Code establishes an exhaustive list:

• Refusal, in the absence of objectively valid reasons, to take the child from the maternity hospital or any other medical, social, or educational institution, as well as an absolutely passive attitude toward the child for 6 months.
• Systematic evasion of participation in the process of raising children, which implies deliberate and intentional inaction in resolving issues related to their full development, including ignoring basic needs.
• Cruel treatment of the child, which manifests itself in the form of physical or psychological violence, as well as humiliation of his human dignity.
• Alcohol or drug addiction, for which parental rights are revoked based on official medical conclusions.
• Any forms of exploitation of minor children. In particular, this concerns engaging them in excessive labor or participation in criminally punishable acts, as well as forcing them into begging, prostitution, or vagrancy.
• Actual conviction of the father and/or mother on charges of committing an intentional crime against their own child.

Procedure for termination of parental rights

Regardless of the legal basis, the procedure for termination of parental rights is carried out exclusively by court decision. It is issued based on the review of a statement of claim which initiated the judicial proceedings. The decision in such a case is usually made by the court having jurisdiction over the defendant’s place of registration. However, in some situations the plaintiff may apply to another instance. In particular, this applies to cases where the claims concern not only deprivation of parental rights but also issues of alimony recovery, as described in detail here: Claim for recovery of alimony.

Deprivation of parental rights implies that a representative of the guardianship authority must necessarily participate in the court proceedings, and a written opinion concerning the circumstances of the case will be required from them. However, this opinion may not be taken into account by the court if there are reasons to consider the information provided in the document unfounded or contrary to the child’s interests.

Who can file a lawsuit in court for termination of parental rights?

The following have the right to file such a lawsuit:

• one of the parents;
• a person who is a guardian or trustee;
• a family member living with the child;
• any institution where the minor citizen resides;
• the guardianship and custodial authority that ensures the protection of children’s rights;
• the prosecutor;
• the child himself who has reached the age of 14.

Documents required for termination of parental rights

The lawyers of our company are ready to help prepare the statement of claim and compile the package of documents, with the provision of which all circumstances of the case will be fully analyzed by the court and the decision made will best correspond to the child’s interests.

In particular, the following are required:

• a copy of the applicant’s national passport;
• a certificate of family composition;
• a document confirming the plaintiff’s income;
• a reference from the place of work;
• a notarized copy of the child’s birth certificate;
• a psychologist’s report based on an interview with the child;
• an inspection report of housing and living conditions prepared by a representative of a state authority;
• a reference regarding the applicant’s place of residence;
• a reference issued by the educational institution where the child studies. The content of the document should include information about the parents’ personal qualities and their participation in the upbringing process.

Depending on the specifics of the case under consideration, certain additional documents may also be required; our experienced attorneys will determine the list of such documents during a preliminary review of all circumstances.

Consequences of termination of parental rights

After the court decision comes into force, the defendant loses all rights that were based on kinship with the minor child. From that moment the parent cannot participate in the child’s upbringing, receive benefits and state allowances, represent the child’s interests in various institutions, or claim property rights previously awarded on the basis of fatherhood or motherhood.

At the same time, citizens deprived of parental rights cannot be released from the obligation to provide for a child who has not reached adulthood. They are also required to compensate for any material damage caused by the child to third parties. All property rights of children in relation to their parents in this case are preserved.