Equality of rights and obligations of parents in relation to a child in Ukraine

How is equality of rights and obligations of parents in relation to a child regulated at the legislative level?

The rights and obligations of the mother and father are regulated by Ukrainian legislation:

  • Family Code of Ukraine (SK):

In Art. 141-160 spelled out the rights and obligations of parents, starting from the birth of a child until the onset of majority.

  • Civil Code of Ukraine (CC):

It is indicated that parents are equal before the child in rights and obligations, and are also representatives of his interests on a legal basis.

  • The Constitution of Ukraine:

It is stated that parents have legal equality over children.

How is the equality of rights of parents in relation to a child manifested?

Equality of rights and responsibilities of parents is manifested in the fact that mother and father can fulfill their parental responsibilities on an equal footing.

This situation is governed by gender equality, which states that men and women have equal rights and opportunities.

Equality is not affected by the factor of whether the parents were married or not at the time of conception and childbirth;

The duties and rights of the father and mother may not be equal in cases justified by law. Such justification may be the deprivation of parental rights of one or both parents.

If you have any questions or disagreements between parents, you should contact lawyers. Our lawyers will help you resolve issues related to the equality of rights and obligations of parents in relation to a child.

What moral rights do the child have?

These rights of children include the right to:

  • life and upbringing in the family;
  • protection;
  • obtaining a name, patronymic and surname;
  • choice of place of residence;
  • communication with family and parents;
  • freedom of movement;
  • expressing your opinion.

What rights do parents have with regard to their children?

The rights of parents with regard to their children are as follows:

  • advantage over other people in education;
  • free choice of methods and methods of education, except for those that contradict legislation and moral norms;
  • involvement of other persons in the upbringing of children.

What are the responsibilities of parents from the moment a child is born?

Parents have responsibilities to the child from the moment of birth.

These responsibilities include:

  • Parents are obliged to pick up the child after birth from a maternity hospital or other health care institution;
  • the obligation to give the child a surname, name and patronymic;
  • the obligation to register the birth of a child in the registry office.

Who can pick up a child from the maternity hospital if the parents are not married?

There are such options:

  • if the mother is not married, then she must pick up the child from the hospital or medical facility;
  • if the parents are not married, and the mother did not take the child from the maternity hospital, while the father has a document confirming paternity, then he must take the child from the maternity hospital or other health care institution;
  • If two parents did not take the child, then close relatives can take him away with the permission of the Children’s Services;
  • parents can leave a child in a medical facility in case of significant physical or psychological disabilities or other weighty reasons.

What are the features of determining the name and surname of a child?

The determination of the surname and name of the children occurs by agreement between the mother and father. If the woman is not married and paternity is not determined, then the determination of the first and last name is carried out by the mother.

A child may have no more than two names, unless otherwise provided by the characteristics of the national minority to which either the father or the mother belongs.

Disputes between the mother and the father over the determination of the first and last name can be resolved:

  • Service for Children;
  • judicial authorities.

In case of disputes and disagreements about the rights and obligations of parents in relation to the child, you should contact a good lawyer who will study your situation and help you resolve it in the best way for you.

How does divorce affect the equality of rights and responsibilities of parents to their children?

Various situations, disputes and disagreements can arise between parents, which can lead to registration:

  • divorce;
  • separate residence.

The occurrence of such situations and the formalization of such relations between husband and wife do not in any way affect the degree of their parental responsibilities to the child and responsibility for his behavior.

Parents are responsible for the behavior of their children. This is justified by the Civil Code, according to which parents are brought to civil liability in the event of harm or damage caused by a child.

What are the responsibilities of parents for the development and education of children?

Each parent is responsible for the development and education of their child.

At the legal level, the following responsibilities are fixed:

  • raising children should be based on love for their relatives and friends, other people, homeland, as well as respect for the freedoms and rights of other people;
  • ensuring health, both physical development, and moral and spiritual;
  • provision of complete secondary education and preparation for independent life;
  • parental respect for the child;
  • if parents transfer their children to other people for upbringing, this does not relieve them of their duties and responsibilities;
  • parents are prohibited from physically punishing children;
  • the exploitation of children by parents is prohibited.

A good family lawyer will help you resolve issues regarding rights, responsibilities to the child, and responsibility for the behavior of children.

Frequently asked questions to a family lawyer

☝ HOW IS THE DISCUSSION BETWEEN PARENTS REGARDING THE SURNAME AND NAME OF THE CHILD HANDLED?
☝ WHEN DO THE RIGHTS AND OBLIGATIONS OF PARENTS TOWARDS A CHILD COME IN?
☝ UNDER WHAT CONDITIONS MAY BE NOT EQUAL RIGHTS OF A MOTHER AND A FATHER WITH RESPECT TO CHILDREN?

Tags of the site divorce.com.ua: parental rights, a parent has the right, whether a parent has the right, the rights of parents and children, the rights of parents deprived of their rights, deprives parents of their rights, the rights and obligations of parents, obligations to parents, obligations of parents and children, rights and obligations of parents in relation to the child, equal rights of parents.

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  3. Equality of rights and obligations of parents in relation to a child in Ukraine
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  5. Determination of the child’s place of residence in Ukraine
  6. Deprivation of parental rights in Ukraine
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☝ HOW IS THE DISCUSSION BETWEEN PARENTS REGARDING THE SURNAME AND NAME OF THE CHILD HANDLED?
✅ Such disputes are resolved by the guardianship and guardianship authorities or in court.
☝ WHEN DO THE RIGHTS AND OBLIGATIONS OF PARENTS TOWARDS A CHILD COME IN?
✅ These rights and obligations begin from the moment the child is born.
☝ UNDER WHAT CONDITIONS MAY BE NOT EQUAL RIGHTS OF A MOTHER AND A FATHER WITH RESPECT TO CHILDREN?
✅ Inequality of rights can arise in situations regulated by law. For example, in the case of deprivation of parental rights.