According to the current Belarusian legislation, each parent has equal rights and obligations in relation to children. These rights and obligations are established by the Constitution, the Convention on the Rights of the Child (adopted by the UN General Assembly on November 20, 1989), the Code of the Republic of Belarus on Marriage and Family, the Law of the Republic of Belarus “On the Rights of the Child” and a number of other legal acts.
According to the provisions of Article 76 of the Code of the Republic of Belarus on Marriage and Family, father and mother have equal rights and obligations in relation to their children. Parents enjoy equal rights and bear equal obligations in relation to their children even in the event of divorce between them. At the same time, parents are not always responsible for raising children. For this reason, legal assistance in claims for the recovery of alimony, claims for determining the procedure for communicating with a child, as well as providing legal support for claims to restrict communication with a child, to deprive parental rights remains relevant in our law practice.Deprivation of parental rights under the legislation of BelarusDeprivation of parental rights requirements are the most radical, since from a legal point of view, one of the parents is actually deprived of all rights in relation to the child, for example, the right to receive financial support from the child upon reaching retirement age, as well as the right to inherit by law. There are other negative consequences of deprivation of parental rights. At the same time, such a parent retains the obligation to provide for the child and pay alimony.Deprivation of parental rights is possible only in court. Claims for deprivation of parental rights are considered with the involvement of guardianship and guardianship authorities.The existing jurisprudence on deprivation of parental rights indicates that exceptional grounds must be presented to satisfy such requirements, otherwise the court may dismiss the claim.Deprivation of parental rights of a foreigner in BelarusA separate category of disputes on deprivation of parental rights are litigation, where one of the parties is a foreign citizen.Often, permanently residing outside of Belarus, unscrupulous fathers for a long time ignore the obligation to participate in the upbringing of the child. For this reason, acting primarily in the interests of the child, mothers file claims for deprivation of parental rights. In lawyer practice, there are cases when such lawsuits encourage unscrupulous parents to rethink their role in raising a child and resume communication. If the parent continues to ignore not only the obligation to raise the child, but also the need to express his position in court when considering a statement of claim for deprivation of parental rights, then the court, after analyzing all the circumstances in the aggregate, can satisfy the claims.Speaking on the side of the plaintiff in such disputes, we note that it is often more difficult to ensure that the defendant is properly notified of the date and time of the trial. At the same time, the procedural legislation of the Republic of Belarus provides for mechanisms that make it possible to comply with this requirement.Voluntary renunciation of paternityAs a general rule, it is impossible to independently refuse the status of the father of the child, as well as the status of the mother, according to the legislation of Belarus. At the same time, the existing legal regulation gives a parent who does not intend to participate in the life of the child the right to refuse paternity, provided that such refusal complies with the requirements of the law.In particular, the Code of the Republic of Belarus on Marriage and Family provides for the following conditions for renunciation of paternity:- the father lives separately from the child;- the father has submitted a written statement of consent to the adoption of the child;- the application for consent to adoption complies with the form established by law;- the court has initiated or plans to initiate a dispute on deprivation of parental rights.With a combination of these grounds, the parent’s demand to renounce paternity may be satisfied.Our lawyers have extensive experience in protecting the interests of children and parents in disputes on deprivation of parental rights, including in cases of renunciation of paternity. We are ready to provide you with the following legal assistance in matters of deprivation of parental rights:– oral and written consultations on deprivation of parental rights, renunciation of paternity;- representation and protection of interests in courts on issues of deprivation of parental rights, renunciation of paternity.If you have questions related to the deprivation of parental rights, and you need help or advice from a lawyer, please contact our lawyers at the email address: info@familylawyer.by or by phone: +375293570355.
