Deprivation of parental rights is the most severe measure available under Belarusian family law and is applied only as a last resort — when a parent’s behaviour poses a serious threat to the child’s welfare and no lesser measure is sufficient. Courts apply this measure rarely and only when the evidence clearly justifies it.
All claims for deprivation of parental rights are heard exclusively in court. The presence of a prosecutor and a representative of the guardianship and trusteeship authority at the hearing is mandatory.
Grounds for deprivation of parental rights
Under the KoBS, parental rights may be terminated on the following grounds:
Failure to fulfil parental duties. A parent who fails to raise, maintain or financially support the child, or who creates obstacles to the child’s education, may be deprived of parental rights.
Abuse and violence. Physical or psychological violence against the child, or abuse of parental authority, is a ground for termination of parental rights.
Involvement in antisocial behaviour. Where a parent involves the child in alcohol or drug use, an immoral lifestyle or other antisocial behaviour.
Refusal to raise the child. A parent who refuses to perform their parental role may be deprived of parental rights.
Expiry of six months after removal. Where a child has been removed from the parents by the relevant authorities and six months have elapsed without the parents addressing the circumstances that led to the removal.
Systematic non-payment of maintenance. Failure to pay court-ordered maintenance on two or more occasions — where the parent has no valid justification such as illness — may constitute grounds for deprivation of parental rights on the basis of failure to fulfil the maintenance obligation.
Important limitation: a parent suffering from a mental illness may not be deprived of parental rights on that basis alone, unless the mental illness takes the form of chronic alcoholism or drug addiction.
Who may file a claim
A claim for deprivation of parental rights may be filed by the other parent, a guardian or trustee of the child, the prosecutor, or an authorised state body. The claim may be filed at the place of residence of the defendant, the place of residence of the plaintiff, or — where the child is being raised in an institution — the place of residence of the child or the institution.
Where the claim is filed by a guardian, trustee or the other parent, the child is treated as the plaintiff in the civil case.
Any person who becomes aware that a child’s rights and interests are being violated is obliged to notify the relevant authorities, including the prosecutor. The prosecutor may respond by issuing an order or filing a claim for deprivation of parental rights directly.
Role of the guardianship and trusteeship authority
The guardianship and trusteeship authority must participate in all proceedings on deprivation of parental rights. It conducts an inspection of the child’s living conditions, prepares a written conclusion on the child’s situation and the circumstances of the case, and presents its views to the court. Without this participation, proceedings cannot validly proceed.
Evidence required
The court requires evidence substantiating the grounds for the claim. This typically includes inspection acts from the guardianship authority; testimony from representatives of the child’s kindergarten or school; medical certificates confirming chronic alcoholism or drug addiction where relevant; photographs; written evidence; and any other documents establishing the relevant facts.
If the child has reached the age of 10, the court will also take their expressed opinion into account.
Consequences of deprivation of parental rights
A parent deprived of parental rights loses all rights in relation to the child, including:
- the right to raise and represent the child as their legal representative in educational institutions and other bodies;
- the right to inherit from the child;
- the right to claim maintenance from the child in old age or disability;
- the right to a pension following the child’s death.
However, the financial obligation to support the child is not extinguished. A claim for compulsory payment of maintenance (alimony) may be filed simultaneously with the deprivation claim — and should be, as a matter of course.
Refusal to deprive parental rights
The court will refuse the claim if it finds that the grounds for deprivation have not been established. The court takes into account the personality of the parent, references from their place of work, the child’s opinion if they are aged 10 or over, and all other relevant circumstances. The claim will also be refused if the parent’s failure to fulfil their duties is attributable to mental illness not amounting to chronic alcoholism or drug addiction.
Restoration of parental rights
Deprivation of parental rights is not necessarily permanent. If the deprived parent can demonstrate that they have fundamentally changed their lifestyle and that restoration of parental rights is in the child’s interests, they may file a claim for restoration. The court will assess the evidence of change and, where the child is aged 10 or over, take their expressed preference into account.
Frequently asked questions
Can a parent be deprived of parental rights for missing maintenance payments?
Yes — if the non-payment is systematic (two or more missed payments without valid justification). The ground is failure to fulfil the maintenance obligation, not the non-payment itself. A single missed payment is not sufficient.
Does deprivation of parental rights release the parent from paying maintenance?
No. The obligation to maintain the child financially continues regardless of whether parental rights have been terminated.
Can a parent with a mental illness be deprived of parental rights?
Only if the mental illness takes the form of chronic alcoholism or drug addiction. Other forms of mental illness are not a ground for deprivation of parental rights.
How long does the court process take?
The timeline depends on the complexity of the case, the evidence required and the involvement of the guardianship authority. Cases typically take between two and five months from filing to judgment.
Can parental rights be restored?
Yes. The deprived parent may apply to court for restoration if they can demonstrate a genuine and sustained change in their lifestyle and circumstances. The court assesses the evidence of change and considers the child’s best interests.
From our practice
Deprivation of parental rights — chronic alcoholism, systematic non-payment of maintenance. A mother contacted us after her former husband had failed to pay court-ordered maintenance for over a year and had twice been found intoxicated when collecting the child for contact visits. We filed a claim for deprivation of parental rights supported by medical certificates confirming chronic alcoholism, inspection reports from the guardianship authority, school records documenting the father’s failure to engage with the child’s education, and evidence of eighteen months of unpaid maintenance. The court granted the claim. A maintenance order was secured simultaneously.
Claim refused — father with mental illness, not alcoholism. We were instructed to oppose a claim for deprivation of parental rights filed against our client, who suffered from a diagnosed mental health condition. The opposing party argued this made him unfit to parent. We presented psychiatric evidence establishing that the condition was not chronic alcoholism or drug addiction — the only mental health ground under Belarusian law — and that our client was actively engaged in the child’s upbringing. The court refused the claim.
How we can help
Our advocates have extensive experience in proceedings involving deprivation and restoration of parental rights in Belarus. We act for both claimants seeking to protect a child and for parents defending against such claims. We advise in English and Russian and can assist remotely.
📧 [email protected] 📞 +375 29 142 27 19
