Termination of Parental Rights

Question 1

Voluntary Relinquishment (Surrender)

Answer 1

• Normal scenario = birth mother decides to give child up for adoption and birth father either consents or is a no-show
• Court may terminate the rights of a putative father who
  
  1. did not file a petition to voluntarily relinquish his parental rights;
  2. failed to appear at the hearing to object to termination of his parental rights;
  3. failed to file a written objection to such termination with the court before the hearing; and
  4. has not filed an acknowledgment or claim of paternity, as discussed above in the section on establishing parenthood

Question 2

Procedural Requirements for Involuntary Termination

Answer 2

1. Notice and hearing
2. Representation
   
   1. The court must appoint counsel to represent the child when the proceeding is being challenged by parental figure
3. Standard of proof
   
   1. Government bears the burden of proof based upon a finding of parental unfitness proved by clear and convincing evidence

Question 3

Grouns for Involuntary Termination of Parental Rights

Answer 3

Abandonment

• Inaction of parents causes termination of rights.

Parental Neglect or Abuse

• Parents are causing harm by their actions in terms of caring for their children.