What rights do parents who have been deprived of parental rights have?

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19.06.2023 10:06 381

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Photo of lorina200215 Lorina Fedan

Deprivation of parental rights applies only to children in respect of whom there is a court decision. Parental rights are preserved for other children.

A mother or father who has been deprived of parental rights loses their rights regarding the child, which, according to the general rule, belong to them as parents by the fact of kinship with the child, namely:

  • lose personal non-property rights in relation to the child (for example, the right to decide the issue of raising the child and even communicate freely with him, the right to give permission for the child to change his surname or first name, the right to determine the place of residence of the child and to allow or prohibit his departure abroad, etc.), as well as are relieved of their duties regarding her upbringing;

  • they cease to be the legal representative of the child (they cannot, as before, represent their interests in courts or other bodies, etc. without a separate power of attorney);

lose their rights to any benefits and state assistance provided to families with children;

  • cannot be an adoptive parent, guardian or custodian (that is, cannot adopt another child);

  • cannot receive in the future those property rights related to parenthood, which they could have in the event of their incapacity (the right to support a child, the right to a pension and compensation for damage in case of loss of a breadwinner, etc.);

lose other rights based on kinship with the child (for example, their child can be adopted without their consent as parents);

  • lose the right to inherit after the child (except when their inheritance is stipulated by the child's will).

A person deprived of parental rights is not released from the obligation to maintain a child.

19.06.2023 11:09

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