Termination of Parental Rights

In order for an adoption to go through successfully, there is an overwhelming requirement that a parent or the parents give up their biological parental rights, either voluntarily or involuntarily, before the adoptive parents can formally and legally take custody of the child. When the birthparents have passed on and relatives have been given custody of the children or child, the relatives may provide voluntary consent to an adoption. In these cases, a court may be able to terminate their rights, particularly if the court granted them temporary custody.

Frequently, a parent or the parents of a child will give up their parental rights voluntarily. They will willingly relinquish their parental rights by signing the appropriate consent forms. While this is true, there is typically some time frame during which the birthparents can change their mind about relinquishing their parental rights. Despite the time frame, once an adoption is finalized it is extremely difficult to overturn the adoption and the consensually vacated parental rights.

The majority of parents who voluntarily give up their parental rights do so at birth or when the child is not much older than a toddler. In some cases, like when a child has been in foster care for years, a social worker may ask the parents if they would like to transfer their parental rights completely to the state so that the child can be legally adopted.

The state is also allowed to request that parental rights be terminated. This is done through a petition filed with the court and allows for the parental rights to be terminated.

Contact a San Jose Family Lawyer

For more information on parental rights termination in California and San Jose, contact the San Jose family lawyers of the Law Offices of Daniel Jensen at 408-296-4100.