Forfeiture of parental rights. Neglect of child

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

The forfeiture of parental rights does not lead to the loss of parental rights, but only to the loss of the exercise of these rights, which also results from the name of Chapter IV (Forfeiture of the exercise of parental rights) of Title IV of the Civil Code, dedicated to parental authority. In other words, the parent who has lost his parental rights is still the holder of the rights that make up the parental authority over his child, except that, as a result of acts limitatively provided by law, the exercise of these rights is restricted (either temporarily or permanently). The forfeiture of parental rights, like any measure concerning the exercise of parental authority, is not a definitive measure, in the sense that the exercise of parental rights is possible, provided that the circumstances which justified the adoption of that measure no longer exist. In the event that the reasons in support of the revocation decision are perpetuated, and there is no improvement over time, the measure may become permanent.