Voluntary Relinquishment–Irrevocable
1. Voluntary relinquishment or consent for termination of parental rights shall be signed or confirmed under oath either:
a) before a judge of any court that has jurisdiction over proceedings for termination of parental rights in this state or any other state, or a public officer appointed by that court for the purpose of taking consents or relinquishments; or
b) except as provided in Subsection (2), any person authorized to take consents or relinquishments under Subsections 78B-6-124(1) and (2).
2. Only the juvenile court is authorized to take consents or relinquishments from a parent who has any child who is in the custody of a state agency or who has a child who is otherwise under the jurisdiction of the juvenile court.
3. The court, appointed officer, or other authorized person shall certify to the best of that person’s information and belief that the person executing the consent or relinquishment has read and understands the consent or relinquishment and has signed it freely and voluntarily.
4. A voluntary relinquishment or consent for termination of parental rights is effective when it is signed and may not be revoked.
5. The requirements and processes described in Sections 78A-6-503 through 78A-6-510 The court need only find that the relinquishment or termination is in the child’s best interest. do not apply to a voluntary relinquishment or consent for termination of parental rights.
6. The presumption may be rebutted, however, if the court finds the relinquishment or consent to termination of parental rights will facilitate the establishment of stability and permanency for the child. There is a presumption that voluntary relinquishment or consent for termination of parental rights is not in the child’s best interest where it appears to the court that the primary purpose is to avoid a financial support obligation.
7. Upon granting a voluntary relinquishment the court may make orders relating to the child’s care and welfare that the court considers to be in the child’s best interest.
Biological parents have specific legal rights when it comes to their children. Parents have the right to make crucial decisions regarding their children’s health care, education, religion, visitation and custody, or inheritance of property. However, in some cases, a parent may want to give up these rights, thus terminating their legal parental relationship with their child. When a parent decides to terminate their parental rights, then that parent is voluntarily terminating the parent-child relationship. When terminating parental rights, the parent gives up their ability to make decisions for their child, such as educational and health care decisions. Further, that parent cannot talk to or see their child until the child turns 18 years of age. The child also cannot inherit any property from their parent under state’s estate planning laws, unless that parent explicitly for such inheritance in a will. It’s most common that parents voluntarily terminate their parental rights in cases of adoption. When giving up a baby or child for adoption, the biological parents must terminate their parental rights, which the adopted parents will inherit. Each state has differing laws regarding the termination of parental rights. To understand your local rules, contact your county’s family law court to understand what forms must be submitted and what requirements must be met to terminate your rights. And because you shouldn’t take lightly your potential termination of rights, you should also contact an experienced family law attorney who can help you with your case.
Considerations to Make When Facing a Difficult Choice
Terminating your parental rights is a life-altering decision. You should give considerable thought to this choice before proceeding with the local court. Family court judges take these matters seriously. Courts will make sure that the parent making the request fully understands the impact of their choice. Additionally, the court makes sure that the parent making the request isn’t trying to avoid certain obligations, such as paying child support. If your child is over age 12, the court may ask your child about their wishes. Each state has different rules about when a court can consider a child’s desire. Finally, the court will consider the best interests of the child, including the child’s stability.
If the termination of parental rights leaves the child with no legal parents, then the child will enter the state’s foster care program. In most circumstances, before the state can place a child in foster care, the state must file a petition under the Adoption and Safe Families Act. This act requires permanency planning for children placed in foster care, including family reunification. Furthermore, this act emphasizes the safety of each child in the foster care system. In certain circumstances, the state does not have to file a petition under the act. For example, a state can place a child directly into foster care if the parent(s) abandoned the child as an infant, the parent murdered one of their other children, or the parent committed a felony resulting in serious bodily harm to the child or another child in the family. Most states don’t allow parents to reinstate their parental rights after they terminated them. To understand what occurs when you voluntarily terminate your parental rights, consider contacting a skilled family law attorney to discuss options with you. It’s a life-altering decision. Arm yourself with the information you need to make sure it’s the right one.
Relinquishment Deed
Many times it happens that a person dies intestate (without leaving a will or testamentary will) in such cases the property of that person is inherited by his/her legal heir. Then it’s up to the heirs as what they want to do with the said property. If the heir’s come to the conclusion of separation of property, then anyone of the co-owner (who is not willing to keep the property) can relinquish his share in favour of the other owner. This process of transferring property from one owner approving the other is known as “Relinquishment of Property”. Relinquishment deed is a legal document/instrument where a legal heir gives up or releases his legal rights in an inherited parental property for another legal heir such as his mother, son, daughter, brother, sister, etc.
The term relinquishment refers to the abandoning and surrender of the rights, title, and interest, by one co-owner of property for the other co-owners. The consequences of relinquishment of one co-owner’s share in property are the enlargement of the shares of the other co-owners.
Essentials Elements of Relinquishment Deed
• Legal document: Relinquishment deed is a legal document. Through this legal document, an heir can transfer or release his legal right of the inherited property.
• Consequences: The effects of such transfer of rights are the release of the share of one co-owner and the enlargement of the shares of the other co-owners.
• Irrevocable: A release or relinquishment deed is irrevocable even if it made without any consideration. For a valid relinquishment, the property must be owned by more than one person.
• Relinquishment cannot be done in favour of a 3rd person: Relinquishment of property can’t be made in favour of a person other than a co-owner. If a relinquishment is made in favour of a person who is not a co-owner, the transaction will be treated as a gift.
• Must be in writing: The relinquishment of right in the case of immovable property needs to be done only through a written document called relinquishment deed which must be signed by all the parties and witnessed by at least two witnesses.
• Must be registered: Relinquishment deed falls under Section 17 of the Registration Act, 1908 and hence, a release of rights in the immovable property must be registered. The registration takes place in the office of the sub-registrar within whose jurisdiction the property is situated.
• Consideration: A relinquishment deed can be done with or without any consideration.
• Easy process: A relinquishment deed can be made and registered in few days, and this process is not expensive.
Relinquish Property
The relinquishment of property can only be done by someone who has a share in the property. In case there is more than one owner in a property, either of the co-owners can do relinquishment. For a valid relinquishment, the essentials of a valid contract are to be followed other than the compensation. Some states provide for counseling to parents considering relinquishment. The following is an example of one state’s law governing such counseling:
• List of counselors.–Any hospital or other facility providing maternity care shall provide a list of available counselors and counseling services compiled pursuant to subsection (b) to its maternity patients who are known to be considering relinquishment or termination of parental rights pursuant to this part. The patient shall sign an acknowledgment of receipt of such list prior to discharge, a copy of which receipt shall be provided to the patient.
• Compilation of list.–The court shall compile a list of qualified counselors and counseling services (including all adoption agencies) which are available to counsel natural parents within the county who are contemplating relinquishment or termination of parental rights pursuant to this part. Such list shall be distributed to every agency, hospital or other facility providing maternity care within the county and shall be made available upon request to any intermediary or licensed health care professional.
• Court referral.–Prior to entering a decree of termination of parental rights pursuant to section 2503 (relating to hearing) or 2504 (relating to alternative procedure for relinquishment), if the parent whose rights are to be terminated is present in court, the court shall inquire whether he or she has received counseling concerning the termination and the alternatives thereto from an agency or from a qualified counselor listed by a court pursuant to subsection (b). If the parent has not received such counseling, the court may, with the parent’s consent, refer the parent to an agency or qualified counselor listed by a court pursuant to subsection (b) for the purpose of receiving such counseling. In no event shall the court delay the completion of any hearing pursuant to section 2503 or 2504 for more than 15 days in order to provide for such counseling.
• Application for counseling.–Any parent who has filed a petition to relinquish his or her parental rights, or has executed a consent to adoption, and is in need of counseling concerning the relinquishment or consent, and the alternatives thereto, may apply to the court for referral to an agency or qualified counselor listed by a court pursuant to subsection(b) for the purpose of receiving such counseling. The court, in its discretion, may make such a referral where it is satisfied that this counseling would be of benefit to the parent.
If the termination of parental rights leaves the child with no legal parents, then the child will enter the state’s foster care program. In most circumstances, before the state can place a child in foster care, the state must file a petition under the Adoption and Safe Families Act. This act requires permanency planning for children placed in foster care, including family reunification. Furthermore, this act emphasizes the safety of each child in the foster care system. In certain circumstances, the state does not have to file a petition under the act.
For example, a state can place a child directly into foster care if the parent(s) abandoned the child as an infant, the parent murdered one of their other children, or the parent committed a felony resulting in serious bodily harm to the child or another child in the family. Most states don’t allow parents to reinstate their parental rights after they terminated them. To understand what occurs when you voluntarily terminate your parental rights, consider contacting a skilled family law attorney to discuss options with you. It’s a life-altering decision. Arm yourself with the information you need to make sure it’s the right one. If you voluntarily terminate your parental rights, you won’t have any financial obligations to your child anymore, but you will likely also lose the ability to play a role in your child’s life or have any say in major decisions about your child’s upbringing, education, spiritual life, or any similar matters. It’s very important to take this decision very seriously, as it is very difficult to reverse or alter. In some cases, you and your ex-spouse may be able to devise a mutually agreeable solution that allows for visitation, but this will only be an option if your ex-spouse is agreeable to the idea after you voluntarily terminate your parental rights. It’s also important to remember that you have no guarantee of approval with a request to terminate your parental rights. The court’s primary focus is the best interests of the child. If your ex-spouse does not wish to have a role in your child’s life but you cannot afford to support your child on your own, the court may decide that what is expedient for the parents is not in the child’s best interests. There must be good cause for a parent to voluntarily terminate his or her parental rights. Simply not wishing to be a parent is not good enough. A judge will also refuse to grant a termination of parental rights simply so you don’t have to pay child support.
Adoption Reversal
In adoptions, birth parents voluntarily give up parental rights to the adoptive parents. However, if a birth parent does so under coercion or duress and does not truly wish to give up a child, he or she can sometimes secure a reversal through the family law system. The parent arguing for reversal and reinstatement of parental rights will need to provide evidence that the termination occurred under coercion or duress. Ultimately, when it comes to voluntary termination of parental rights or reinstatement of involuntarily terminated parental rights, the court will decide with the child’s best interests in mind. Just remember that if you file for termination of your parental rights voluntarily, it is very difficult to reverse such a decision, and you may be giving up any chance of having a relationship with your child.
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