Supreme Court issues ruling in a case on deprivation of parental rights - IMPORTANT

​The Civil Collegium of the Supreme Court of the Republic of Azerbaijan has adopted a decision that establishes uniform judicial practice regarding the grounds for deprivation of parental rights.

​According to the circumstances of the case, the parties have an 11-year-old child from their joint marriage. The marriage between the parties was dissolved, and the court ruled that alimony be collected for the maintenance of the child, who remained with the mother, until the child reaches the age of majority. Subsequently, the parties concluded a mediation agreement.

​Under the agreement, the father undertook to acknowledge the plaintiff's claim for the deprivation of his parental rights and not to raise objections to this claim. The mother, in turn, undertook, after the father's deprivation of parental rights, not to bring against him any claims for the payment of alimony or any other claims concerning their joint child.

​The plaintiff applied to the court with a claim for the deprivation of the defendant's paternity. The defendant acknowledged the claims in the courts of first instance and appeal. The court of appeal issued a decision depriving the defendant of parental rights.

​The position of the Supreme Court is as follows:

​According to Article 52.5 of the Civil Procedure Code, if the defendant's acknowledgment of the claim contradicts the law or violates the rights and legally protected interests of any person, the court does not accept such an action. In this case, since the father's renunciation of his parental rights affects the interests of the child, the lawfulness of the defendant's acknowledgment of the claim should have received a legal assessment by the courts. It also follows from the opinion of the Commission for Guardianship and Custody under the Executive Authority of the Surakhani district, contained in the case materials, that the deprivation of parental rights does not correspond to the interests of the child. From this point of view, the acknowledgment of the claim, as contradicting the interests of the child, could not be accepted by the court.

​The mediation agreement concluded between the plaintiff and the defendant is also invalid and null and void for the resolution of this dispute. Thus, according to the agreement, the defendant's consent to the deprivation of his parental rights was given in exchange for exemption from the payment of alimony necessary for the maintenance of the child. Meanwhile, such a renunciation of alimony, as well as an agreement on the voluntary renunciation of parental rights, which constitute a personal non-property right of a parent in relation to the child, is prohibited by law. In particular, according to Article 194.3 of the Civil Code, the assignment of claims inseparably linked to the personality of the creditor, including claims for alimony and for compensation for harm caused to life or health, is not permitted. Also, according to Article 545.0.5 of the same Code, the set-off of obligations related to the collection of alimony is not permitted.

​A person's personal rights are his non-material, spiritual rights, directly connected with his personality. These rights are connected not with a person's property, but with his personality. The said rights are aimed primarily at protecting the individual (that is, they protect the personality of the subject of law from the unlawful behavior of third parties). As a rule, these are absolute rights that are not subject to monetary valuation or assignment and cannot be transferred by way of inheritance. Unlike property rights, the impossibility of alienating personal rights or transferring them to other persons in any other way is enshrined in legislation. This rule stems from their legal nature — as inalienable rights of the individual. Along with other personal rights, the right to respect for family life, as well as the parental right belonging to a person by virtue of law, are not rights that may be alienated or assigned to other persons in any other manner. In the event of unlawful interference with a person's personal rights, that person may use the appropriate means of protection provided by law for the protection of the violated right, including applying to the court.

​Parental rights encompass the equal natural rights and obligations of the father and mother to raise and educate their children and to protect their rights and interests, combining the main aspects related to the care of the child, the child's education, and communication with the child. From this point of view, since parental rights are aimed at protecting the best interests of the child, the voluntary renunciation by one of the parents of this right in exchange for exemption from a property (alimony) obligation is inadmissible and cannot be accepted. That is, a person may be deprived of parental rights only through judicial proceedings and only if the existence of the grounds established by law is proven, exclusively in the best interests of the child. The rights granted to a parent by law serve not only his personal interests but are also aimed at ensuring the interests of the child protected by international treaties, the Constitution of the Republic of Azerbaijan, and the Family Code. Therefore, a parent cannot freely dispose of these rights, and no agreement concerning these rights that does not correspond to the interests of the child may be signed between the parents.

​Deprivation of parental rights is an extreme measure and is applied in cases where it is impossible to protect the rights and interests of children in any other way. The law does not grant either parent a preferential right with respect to the children, and thus, when considering cases of this category, the court must first and foremost place the interests of the child at the forefront and must not resolve the dispute to the detriment of the child's interests on the basis of the conflicting relations between the parents.

​As a result, by the decision of the Supreme Court, the plaintiff's claim against the defendant for the deprivation of parental rights was dismissed, and the defendant's complaint was granted.