Termination of parental rights is one of the most sensitive areas of family law. Below, we address the questions our clients most frequently ask.
Rights and Responsibilities of Parents
Under Article 61 of the Family Code of the Russian Federation, parents have equal rights and bear equal responsibilities with respect to their children. Article 63 requires them to raise their children and to attend to their physical, psychological, spiritual, and moral development.
When a parent fails to fulfill these obligations, a court may terminate his or her parental rights. Termination is only possible through a judicial proceeding — a district court (rayon court) hears such matters as a court of first instance.
Grounds for Termination
A parent may be deprived of parental rights if he or she:
- Evades parental duties and fails to support the child — is absent from the child’s life, does not participate in the child’s upbringing, and does not pay child support
- Willfully evades payment of child support — the failure must be intentional (job loss does not constitute grounds)
- Abuses parental rights to the detriment of the child
Parental rights may not be terminated when a parent is unable to fulfill obligations due to circumstances beyond his or her control — such as a mental disorder or a serious chronic illness.
What Constitutes Willful Evasion of Child Support
Per the Supreme Court’s guidance, the willful nature of the evasion must be proven. Evidence includes:
- documented arrears attributable to the paying parent’s fault
- concealment of income or place of residence
- prior administrative or criminal liability
What Constitutes Non-Participation in the Child’s Life
Non-participation is generally defined as an absence from the child’s life for at least six months without valid justification and without paying child support. This is established through school records, witness testimony, and similar evidence.
Voluntary Relinquishment of Parental Rights
The Family Code does not recognize the concept of a “voluntary relinquishment” of parental rights. Nevertheless, a court may terminate parental rights with the parent’s consent. This is formalized through a notarized statement of relinquishment with consent to the future adoption of the child. If the parent is located abroad, the document is certified by the Russian consulate.
Important: relinquishment of parental rights does not eliminate the obligation to pay child support. That obligation remains.
Consequences for the Child
Termination of parental rights is not a penalty imposed on the child. The child:
- retains property rights in the parent’s home
- retains the right of intestate inheritance
- retains the right to receive child support
- is released from any obligation to support that parent in old age
- may be adopted — but not sooner than six months after the court’s ruling
- the mother acquires the right to take the child abroad without the father’s consent
Restoration of Parental Rights
If the child has not yet been adopted, the parent may petition the court for reinstatement of parental rights. However, reinstatement is not available following a voluntary relinquishment that included consent to adoption.
Travel Abroad with a Child
Under Federal Law No. 114-FZ, a child may travel abroad accompanied by one parent without the consent of the other — provided the other parent has not officially registered an objection. Some countries require documentation from the non-traveling parent; disputes are resolved by a court.
Since 2019, a child may also travel with any authorized companion designated by the parents. When traveling with a grandparent, aunt, or other relative, a notarized power of attorney specifying the countries and travel dates, translated into the language of the destination country, is required.
Sale of Real Property Involving a Child’s Share
Under Article 37 of the Family Code, transactions involving a minor’s property require advance approval from the guardianship and trusteeship authority. That authority considers the position of both parents, as both are the child’s legal representatives. Without the other parent’s consent, the transaction may be found invalid.
An exception applies where a court has declared the guardianship authority’s refusal unlawful.
Our Recommendation
We advise initiating termination of parental rights proceedings when a parent has genuinely withdrawn from the child’s upbringing and financial support. This fully protects the child’s interests while preserving all of his or her rights. The most straightforward outcome is where the parent consents to the termination.
If you are in this situation, do not delay. A properly assembled evidentiary record from the outset largely determines the outcome of the case. Contact us for a consultation.