The Affidavit of Voluntary Relinquishment of Parental Rights is a legal document that allows a parent to voluntarily give up their parental rights to a child. This form is crucial for ensuring that the decision is made with full understanding and consent, protecting the best interests of the child involved. If you are considering this step, it is important to fill out the form accurately and completely by clicking the button below.
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Filling out and using the Affidavit of Voluntary Relinquishment of Parental Rights form is a significant step that requires careful consideration. Here are some key takeaways to keep in mind:
Taking the time to understand these points can help ensure that the process goes smoothly and that all parties involved are informed of their rights and responsibilities.
Affidavit of Voluntary Relinquishment of Parental Rights
STATE OF: ___________ COUNTY OF:____________ COUNTRY: USA
BEFORE ME, the undersigned authority, on this day personally appeared
________________________, a person known to me, who, upon his oath, deposed
and stated as follows:
1.“My name is _____________________________, I am over the age of 21. I have personal knowledge of the statements made herein and am otherwise competent to make this affidavit.”
2.I reside at
____________________________________________________________________
_____________________________________________________________________
I am _________ years of age and was born on ____________________.
3._______________________is the name of the child. Her/His present address is:
__________________________________________________________________.
________________________________was born on _______________________and is currently ___________________years old.
4._________________________________is the mother and legal guardian
of:_______________________________________ .
PAGE 1
5.Choose one (5A or 5B) by placing an X in the box in front of the statement and completing the statement.
5A.
[
] I am not presently under an obligation by court order to make payments for the
support of ______________________________________.
or
5B.
] I am presently under an obligation by court order to make payments for the
6.___________________________________ presently does not own any property of value, real or otherwise.
7.It is my belief that termination of my parent-child relationship with
__________________________________ is in her/his (circle one) best interest for the following reason (s):
(If more space is needed, attach an additional sheet and number it 7.)
PAGE 2
8.____________________________________________ is biological mother and current legal guardian of___________________________________
and resides at
______________________________________________________________(full address: street, city, state, zip).
9.I have been informed of parental rights and duties and herein acknowledge both the nature and extent of these rights and duties and my relinquishment of said rights and duties.
10.I am aware that my relinquishment of parental rights with respect to
_____________________________________is irrevocable (beyond the period of 11 days set forth in paragraph #11).
11.I acknowledge my right, which is evidenced by my execution of this Affidavit, to revoke this relinquishment if done so before the 11th day after the date of this Affidavit.
12.Should I choose to revoke this relinquishment, I understand that my revocation is to be communicated to ____________________________________(mother) at
___________________________________________, with telephone number (____) _________________________________ .
I understand that, to revoke this relinquishment, I must sign a statement witnessed by two (2) credible persons and verified before a person authorized to take oaths. I understand that this statement must
be delivered to _________________________________(mother) at the above
address and that a copy shall also be filed with the Clerk of the Court in which the suit for termination of the parent-child relationship has been filed, if applicable.
PAGE 3
13.My signature below additionally evidences that a copy of this Affidavit has been provided to me at the time of my signature and execution.
FURTHER AFFIANT SAYETH NOT.
Affiant
SWORN TO and subscribed before me on this day of _______________ 20____.
Notary Public in and for the State of __________________________. My Commission
Expires:__________________________________
Signature of Notary_______________________________________
________________________________SIGNATURE OF WITNESS
________________________________ Witness Name Printed
PAGE 4
The Affidavit of Voluntary Relinquishment of Parental Rights shares similarities with a Consent to Adoption form. Both documents involve a parent voluntarily giving up their rights regarding a child. In the case of the Consent to Adoption, the parent acknowledges that they are allowing another party to adopt their child, effectively transferring parental rights. This process requires the parent to be fully informed about the implications of their decision, similar to the relinquishment affidavit, which emphasizes understanding one’s rights and the irrevocability of the decision.
Another document akin to the Affidavit of Voluntary Relinquishment is the Termination of Parental Rights petition. This legal form is filed in court and seeks to permanently end a parent’s rights to their child. While the affidavit is a voluntary statement by a parent, the petition often involves a legal proceeding where a judge makes the final decision. Both documents highlight the seriousness of relinquishing parental rights, but the petition typically requires a more formal legal process and may involve the state’s intervention.
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The Power of Attorney for Minor Child is also similar in that it allows a parent to delegate their parental rights to another individual. However, this document does not terminate parental rights; rather, it temporarily transfers decision-making authority. While the Affidavit of Voluntary Relinquishment is about giving up rights permanently, a Power of Attorney can be revoked, allowing the original parent to regain full control over their child’s welfare at any time.
A Guardianship Agreement bears resemblance as well, as it establishes a legal relationship where a guardian is appointed to care for a child. In this scenario, the biological parent may still retain some rights, unlike in the voluntary relinquishment affidavit. Both documents require the parent to consider the best interests of the child, but the guardianship does not sever the parent-child relationship as completely as relinquishment does.
The Child Support Agreement also shares a connection with the Affidavit of Voluntary Relinquishment of Parental Rights. While this document primarily focuses on financial responsibilities, it can be part of the broader context of parental rights. When a parent relinquishes their rights, they may also be relieved of any obligations to provide child support. Both forms necessitate a clear understanding of the parent’s responsibilities and the consequences of their decisions regarding their child.
The Affidavit of Paternity is another related document, as it establishes a legal father for a child. While the relinquishment affidavit deals with a parent giving up their rights, the paternity affidavit confirms a parent’s rights and responsibilities. Both documents play critical roles in defining parental relationships, but they do so from opposite perspectives—one affirms and the other relinquishes.
Lastly, the Child Custody Agreement is similar in that it outlines the rights and responsibilities of parents regarding their child. This agreement is often reached during divorce proceedings or separations. While it does not involve the relinquishment of parental rights, it can define how those rights are exercised. Both documents require careful consideration of the child's best interests, but the custody agreement maintains the parent-child relationship, whereas the relinquishment affidavit ends it.
Once the Affidavit of Voluntary Relinquishment of Parental Rights form is filled out, it must be signed in the presence of a notary public. After notarization, it is important to provide a copy of the affidavit to the relevant parties involved. Here are the steps to complete the form:
The Affidavit of Voluntary Relinquishment of Parental Rights is a crucial document in the process of terminating parental rights. Alongside this affidavit, several other forms and documents may be required to ensure a smooth and legally compliant process. Below is a list of commonly used documents that may accompany the affidavit.
Understanding these documents and their purposes can help navigate the complexities of parental rights termination. Each form plays a vital role in ensuring that the process is handled appropriately, protecting the interests of all parties involved, especially the child.
Failing to provide complete and accurate personal information, such as name, age, and address. This information is essential for the validity of the affidavit.
Not specifying the name and details of the child clearly. The child's name and current address must be correctly filled out.
Neglecting to indicate whether there is a court-ordered obligation for child support. Choose between option 5A or 5B and ensure the statement is complete.
Omitting the reasons for believing that termination of parental rights is in the child's best interest. This section must be filled out thoughtfully and thoroughly.
Forgetting to include the biological mother’s full name and address. This information is critical for legal clarity.
Not understanding or acknowledging the nature and extent of parental rights and duties before signing the affidavit.
Overlooking the irrevocability of the relinquishment beyond the 11-day period. It is crucial to be aware of this limitation.
Failing to follow the proper procedure for revocation, including the requirement for a signed statement witnessed by two credible persons.
Not delivering the revocation statement to the mother and failing to file a copy with the Clerk of the Court, if applicable.
Neglecting to ensure that a copy of the affidavit is provided to the affiant at the time of signing, which is necessary for their records.
When filling out the Affidavit Parental Rights form, it is essential to adhere to certain guidelines to ensure accuracy and compliance. Below is a list of things you should and should not do during this process.
By following these guidelines, individuals can better navigate the complexities of the Affidavit Parental Rights form and ensure that their intentions are clearly documented.