Although parental rights are frequently terminated involuntarily, whether due to abuse, neglect, or some other cause, a parent can relinquish his parental rights voluntarily, when one parent has had infrequent contact with the child and/or the biological parent believes that the child’s best interest would be served by the child’s legalizing parental status with another person, the biological parent can terminate his or her parental rights.
Voluntary Termination of Parental Rights
Typically, a voluntary termination of parental rights, as with involuntary termination of parental rights, is done as a prerequisite to an adoption or during dependency cases. A parent might choose to terminate his or her parental rights if they wish for a child to be adopted into another family or by a stepparent, for example. The parent might have any number of reasons for doing so. For example, the parent may feel unable to care for the child properly, may not have been ready or willing to be a parent, or may recognize that his or her drug or alcohol issues endanger the child.
Understanding Voluntary Termination of Parental Rights
A voluntary termination of parental rights can be accomplished by petitioning the Court to terminate that parent’s rights. Both parents and any other person with custody rights to the child must be notified and allowed to participate in the process. The Court will require the relinquishing parent to sign off on the termination and to verify that they understand what they are asking the Court to do. Typically, termination of parental rights occurs during an adoption proceeding.
It is rare for the Court to terminate a parent’s rights if there is not another parent waiting to step up and fill that parental role by adopting the child. However, it is possible in some circumstances (generally in dependency cases, i.e., cases involving Children and Youth Services and allegations of neglect or abuse).
Legal Guidance for Custody and Adoption Cases in Pennsylvania
If you are interested in learning more about voluntary termination of parental rights, call 717-731-8114 or contact us online to schedule a consultation with one of our attorneys.