The birth of a child imposes certain responsibilities on its parents. These responsibilities include not only, for example, providing food or clothing, but also the performance of educational functions, respect for the child, and his education. All of these mandatory parenting functions are valid until the child reaches the age of majority.

Responsibility for ensuring a dignified life for a minor and respecting his rights is the same for a mother and a father. In case of failure to fulfill their duties, each of them individually or both at once may be deprived of the rights of their parents.

The portal site reminds that from the point of view of the law, the procedure for depriving parents of their rights is no different for both of them and is initiated on the same grounds.

When can a mother be deprived of her child's rights?

1. The mother does not fulfill her parenting responsibilities. Despite the fact that this reason seems to be too general and not specific, in court cases where the issues of deprivation of maternity or paternity rights are considered, it is most often encountered. Any deviation from their parental responsibilities can be considered as a failure to fulfill them. For example, a child does not have normal clothes that correspond to his age and season, although the financial situation of the family allows him to acquire it in a timely manner and in full. Or, the mother does not acquire the things necessary for the school (textbooks, uniforms, and so on), thereby preventing the child from getting an education.

An important point in this case is that the failure to fulfill parental responsibilities by the mother is associated not with a lack of opportunity, but for some other reason.

The failure to fulfill the obligations of the parent also includes the refusal to pay the child support prescribed by the court (alimony).

1. The mother has alcohol or drug addiction. This reason for deprivation of motherhood does not in itself speak of the parent's fault, it rather testifies to his problems. But the child should not live in a family where all the thoughts of the mother are directed to where to get money for a drink or a dose, and not to take care of his upbringing.

In addition, in such a dysfunctional family, the child experiences moral and possibly physical suffering, which cannot but affect his health and mental state. Therefore, as a rule, if the mother has a proven disease of alcoholism or drug addiction, the court unambiguously deprives her of the rights of a parent. A medical report serves as evidence of the disease.

1. A mother harming her minor child. Harm here means not only physical harm, but also psychological trauma. Domestic violence almost always leaves an imprint on the psyche of a child, so the state seeks to protect minors from this.

If the mother systematically uses physical violence against the child and this can be recorded (for example, the removal of beatings in a medical institution), then a criminal case may be initiated against her. As a result of the consideration of this case, the mother will be punished and, among other things, will most likely be deprived of motherhood.

Note! The information from this article may not be complete due to frequent changes in legislation. In addition, your specific situation may require a more detailed study. Therefore, we advise you to consult with our specialists by phone: in Moscow +7 (499) 938-44-32, in St. Petersburg: +7 (812) 467-34-03, All over Russia 8 (800) 511-81-26 - it's free, anonymous and professional!

Sexual abuse of a child will unambiguously become the cause of a criminal case and deprivation of the mother of her rights.

1. The mother uses her influence on the child to commit illegal actions, lead an immoral lifestyle, attract a minor to addictions. If the mother not only drinks alcohol herself, but also does not prevent the emergence of this habit in a minor child, then one should not expect that he will grow up to be a healthy and worthy member of society.

In some cases, the mother not only encourages, but directly forces her child to commit illegal acts, for example, pickpocketing and the like.

1. The mother's refusal of her child in the maternity hospital or her refusal to pick up the minor from the medical institution.

Who decides on the deprivation of motherhood?

The only body authorized to resolve such issues is the court. The defendant in this case is the mother, who is supposed to be deprived of the rights in relation to her child.

The plaintiff, that is, the initiator of this procedure, may be:

• father of the child;
• representative of guardianship organizations;
• representatives of the prosecutor's office;
• representatives of the juvenile affairs department.

The court's decision is greatly influenced by the completeness of the evidence provided by the plaintiff. This includes testimony and medical certificates, photos, video or audio materials, as well as any other evidence that the mother either does not fulfill or improperly fulfills her duties towards the child.

If the plaintiff is the prosecutor or representatives of the juvenile affairs department, then they can provide evidence of the unlawful activity of the minor, the reason for which is also the failure of the mother to fulfill her duties.

The lawyers of the website portal draw your attention to the fact that the only case when a mother is deprived of her rights without a court verdict is her refusal from the baby in the maternity hospital. In this case, the mother writes an official refusal. No court proceedings are foreseen in this case.

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