Forms To Sign Over Parental Rights
Description
How to fill out New York Affidavit In Support Of Motion To Terminate Placement?
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FAQ
There is no court form available to terminate parental rights. You will need to draft the required pleading either on your own or with the assistance of a private attorney. Generally, Family Code section 7820 covers termination of parental rights.
The easiest way to do so is to appear before the court at a hearing and acknowledge consent to termination in person. A judge will likely question the consenting parent to make sure that they fully understand the ramifications of voluntary termination and are consenting in an informed manner.
Biological parents can also petition the court to voluntarily relinquish their parental rights either to an adoption agency or the adult(s) intending to adopt the child. The biological parents must attend a voluntary relinquishment hearing, which will generally be held 35-40 days after the consent form has been filed.
The parent surrendering their rights must provide their official consent. The court will take measures to ensure that the consent is voluntary and deliberate, and that the parent is not under any duress.
There is simply no mechanism in South Carolina law that allows for a parent to terminate his or her own rights to a child. Termination actions must be with the consent of both parents, or must be initiated by the custodial parent or by DSS (with some minor exceptions).