Voluntary Termination of Parental Rights in California

Whatever type of California adoption you are completing, there are some common steps shared by all the processes. One of the most important is the termination of parental rights in California.

Terminating parental rights is both a highly emotional and technical step of the process. It can sound intimidating to either adoptive families or prospective birth parents. But with the right support, you can both understand and complete this step of the adoption process. To get free adoption information now, you can contact us online today. In the meantime, though, you can check out our step-by-step guide that explains all you need to know about voluntary termination of parental rights in California.

How to Relinquish Parental Rights in California

In order for the adoption to become official, the birth parents must terminate their parental rights. To say it another way, involuntarily or voluntarily terminating parental rights in California is necessary for any adoption process. Many birth parents understand the importance of terminating their parental rights and giving their child the best future possible.

But, not all birth parents can be located, and not all will agree to the child’s adoption. In these situations, involuntary termination of parental rights may be required.

We understand that the termination of parental rights in California can be complex. This article is not meant to be taken as legal advice. For legal guidance, speak to your adoption attorney.

Generally speaking, these three steps are required for anyone thinking about how to sign over your parental rights in California.

Step 1: Meet with a Lawyer and FCCA Social Worker

First, a prospective birth mother consults with their lawyer before going into labor. Their lawyer will describe California’s adoption laws for the consent and termination process to ensure the prospective birth mother understands their rights and that this is a permanent decision.

Their assigned FCCA social worker must also advise them of their legal rights and review all the required forms with them. The social worker must do this at least one day before the prospective birth mother signs them.

Step 2: Sign the Necessary Paperwork

After the prospective birth mother has given birth and been discharged from the hospital, they will sign the documents for adoption placement. The exact documents and number of witnesses will vary depending on whether this is a private or independent adoption.

The signed and witnessed forms will be submitted to the Department of Social Services, which will then issue a form for voluntary termination of parental rights in California.

Step 3: Contact Birth Father about Potential Involvement

This is never something the birth mother or adoptive family has to do. Your adoption attorney will always lead the process.

Just as a prospective birth mother can, birth fathers can also sign a Waiver of the Right to Notice, or in some cases, a Denial of Paternity, before or after the baby is born. Any fathers who cannot be found or do not respond to a request may have their rights involuntarily terminated by the court. This will occur 30 days after the child’s birth or the service of the legal notice, whichever is later.

Unsupportive birth fathers must take very specific and timely steps to protect their rights. Unless they meet these stringent requirements, or unless they are married to the mother, their consent may not be required in the process.

In any case, if you are adopting a child from a prospective birth mother through FCCA, you can rest assured that our agency will follow all legal requirements to complete your adoption journey from start to finish. We will guide you every step of the way. Fill out our online contact form to get started today.

Involuntary Termination of Parental Rights [What You Need to Know]

Although voluntary termination of parental rights in California is commonly associated with private domestic adoption, involuntary termination of parental rights is often associated with foster care adoption. In foster care adoption, birth parents are given several opportunities to complete reunification plans.

If they are unable to do so, then the court terminates their parental rights once an appropriate home has been found for the child in foster care.

When you choose to adopt a child from foster care, their birth parents’ rights may still be intact after placement. Only after a court has ruled out reunification as a viable path, and only after the child is doing well in your home, will the birth parents’ termination of parental rights in California go into action.

The county that placed the child in your home will take the lead in terminating parental rights. Occasionally, a family may choose to hire outside legal counsel if there is a dispute over which home is best for the child.

Contact an Agency

Whether your adoption process requires involuntary or voluntary termination of parental rights in California, FCCA will guide you every step of the way.

If you have more questions, then please contact our agency to get more free information now. We would love nothing more than to help you whenever you need us.