If you take this case:

  • parent P1 has citizenship from country C1,
  • parent P2 has citizenship from country C2,
  • child has citizenship from both C1 and C2,
  • the whole family leaves in a 3rd country C3.

What does either of the parents have to do to give up parental rights? By giving up parental rights, I mean that one of the parents wants to basically leave and relish all rights to be part of the child's life later on, and won't be able to come back after changing his or her mind and claim partial or full custody.

EDIT: What I am wondering is not only the steps that would be required in a normal situation (same citizenship, living in native country), and if the current situation requires to do anything special.

From what I've read online, going to court or through a solicitor is what's recommended, even though I have no idea about the process for this. But considering we aren't citizens of the country we reside in, I wonder what we have to do in this case. Go to court in both our home countries to sign a duplicate of the agreement? Go to embassies or consulates? Or is a local court good enough?

Thanks for your help. Pointers to legal documents supporting your answers would be great.

asked 15 Nov '10, 01:42

SingleDadToBe's gravatar image

SingleDadToBe
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accept rate: 0%

edited 15 Nov '10, 01:52

1

+1 A difficult question, one suggestion I would make is to encourage you both to speak with the legal representatives that should be available at your respective consulates, who would be able to at least guide you in the right direction during the beginning stages. I have no time to post a more detailed reply at the moment, but will do at a later date. Good luck

(15 Nov '10, 06:38) Emi

Other equally interesting questions which you don't ask are: How do you present this situation to the child, and what do you do when they reach adolescence and want to 'find their roots'? Tough stuff...

(17 Nov '10, 05:59) Benjol

What a horrible situation to be in.

Unfortunately, even though I have exactly the same 'setup' as you present in your four bullet points, I have absolutely no idea what the answer to your question is, however:

  • I strongly suspect that it depends on which countries C1, C2 & C3 are
  • I would also imagine that it depends on exactly what status the child has in relation to the parent in each country.

I would most definitely contact the embassies or consulates of countries C1 and C2 to get an authoritative answer. As for country C3, you may have less luck with a lawyer than contacting (for example) the embassies of C3 in C1 and C2 (because they will be better informed of the international aspects).

In any case, if the other parent really does want 'out', I think that you are absolutely right to do things 'by the book', to provide a clear and stable base for your child's continued well-being.

link

answered 15 Nov '10, 12:55

Benjol's gravatar image

Benjol
2.7k520
accept rate: 5%

Definite +1 on it depending on the countries involved! I am not in that situation, but I know we have to even have the birth certificate from Canada somehow converted to or at least specially accepted as a German one.

(15 Nov '10, 17:18) Alexander
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Asked: 15 Nov '10, 01:42

Seen: 1,917 times

Last updated: 15 Nov '10, 12:55