The parliament proposes to allow deprivation of parental rights after the child reaches the age of majority
Parental rights are one of the fundamental aspects of family law that provide a legal bond between parents and children. These rights are accompanied by responsibility for the well-being, education and protection of the child. However, in cases of unscrupulous performance of duties or direct violation of the child’s rights, the legislation of Ukraine provides for the possibility of deprivation of parental rights through the court. In the light of modern legal discussions, an initiative has appeared in the Verkhovna Rada that can change approaches to this issue.
What does the bill provide
The deputy of the Verkhovna Rada from the group “Restoration of Ukraine” Oleksandr Yurchenko submitted to the parliament draft law no 12241. He proposes to amend the Family Code of Ukraine, allowing parental rights to be revoked even after the child reaches the age of majority. This is possible on the condition that the claim for deprivation of parental rights was filed before the child reached 18 years of age.
In the explanatory note to the draft law, it is noted that there is an ambiguous judicial practice in Ukraine. Some courts refuse to consider cases of deprivation of parental rights if the child has already reached the age of majority at the time of the case. Such a position may violate children’s rights and make it difficult to achieve justice in cases where parents have violated their duties.
According to the ruling of the Supreme Court, Article 165 of the Family Code already provides for the possibility of resolving such disputes, provided that the lawsuit was filed before the child reached the age of majority. However, due to differences in judicial practice, there was a need to make clarifications.
Proposed changes to legislation
The draft law provides for the addition of Article 165 of the Family Code of Ukraine with a clear norm that would establish the possibility of consideration of cases of deprivation of parental rights after the child reaches the age of majority, if the lawsuit is filed earlier. This approach is aimed at:
- Formation of unified judicial practice.
- Ensuring justice in cases where parents did not fulfill their duties towards the child.
- Protection of the rights of the child, regardless of age.
Expected impact
According to Oleksandr Yurchenko, the adoption of this draft law will avoid legal conflicts and increase the effectiveness of the protection of children’s rights in difficult family circumstances. At the same time, it will emphasize the responsibility of parents for their actions and provide the possibility of legal influence even after the child reaches the age of majority.
