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The Affidavit of Voluntary Relinquishment of Parental Rights form is a crucial document for parents considering the relinquishment of their parental rights. This form serves several key purposes, beginning with the identification of the parent and child involved. It requires the parent to provide personal details, including their age, address, and the child's name and current age. The form also addresses any existing financial obligations related to child support, ensuring that the parent acknowledges their responsibilities. A significant aspect of the affidavit is the parent’s belief that terminating the parent-child relationship is in the child’s best interest, which must be explained in detail. Furthermore, the document outlines the parent’s understanding of their rights and duties, emphasizing that the relinquishment is irrevocable after a specified period, except under certain conditions. Parents are also informed of the process to revoke their relinquishment if they choose to do so within 11 days. The form requires signatures from both the parent and witnesses, ensuring that all parties are aware of the implications of this decision. Overall, this affidavit is a vital step in navigating the complex emotional and legal landscape of parental rights.
Document Data
| Fact Name | Description |
|---|---|
| Purpose | The Affidavit of Voluntary Relinquishment of Parental Rights allows a parent to formally give up their parental rights, which can impact custody and child support obligations. |
| Governing Law | Each state has specific laws governing the relinquishment of parental rights. For instance, in California, it falls under Family Code Section 7820. |
| Age Requirement | The person relinquishing rights must be at least 21 years old and competent to make the affidavit, ensuring they understand the implications of their decision. |
| Child's Information | The affidavit requires detailed information about the child, including their name, address, date of birth, and current age. |
| Support Obligations | The form includes a section where the parent must indicate whether they are currently under a court order to pay child support, ensuring clarity on financial responsibilities. |
| Best Interest Statement | The parent must provide reasons why terminating their parental rights is in the child's best interest, which can be critical in legal proceedings. |
| Irrevocability | Once the affidavit is signed, the relinquishment of parental rights is generally irrevocable after 11 days, emphasizing the seriousness of this decision. |
| Revocation Process | If the parent wishes to revoke their relinquishment, they must do so within 11 days and follow a specific process, including notifying the other parent and filing the revocation with the court. |
| Notary Requirement | The affidavit must be sworn before a notary public, adding a layer of legal validation to the document and ensuring that the parent understands the commitment they are making. |
How to Write Affidavit Parental Rights
After completing the Affidavit Parental Rights form, it will need to be signed in front of a notary public. This ensures that the document is legally recognized. Make sure to keep a copy for your records.
- Fill in the state and county where the affidavit is being executed at the top of the form.
- Write your full name in the space provided. Confirm that you are over the age of 21 and competent to make the affidavit.
- Provide your current address, including street, city, state, and zip code.
- State your age and date of birth.
- Enter the child's name and current address.
- Indicate the child's date of birth and current age.
- Identify the mother and legal guardian of the child.
- Choose either option 5A or 5B. Mark the box with an X and complete the statement regarding child support obligations.
- State whether you own any property of value.
- Provide reasons for believing that termination of your parent-child relationship is in the child's best interest. Use additional sheets if necessary.
- Identify the biological mother and current legal guardian, including their full address.
- Acknowledge your understanding of parental rights and duties, and your relinquishment of them.
- Confirm your understanding that the relinquishment is irrevocable after 11 days.
- State your right to revoke the relinquishment within 11 days and provide details on how to do so.
- Sign the affidavit in the designated area.
- Have the affidavit notarized by a notary public, who will also sign and provide their commission expiration date.
- Ensure a witness signs the affidavit, and their name is printed as required.
Affidavit Parental Rights Example
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 |
support of ______________________________________.
6.___________________________________ presently does not own any property of value, real or otherwise.
7.It is my belief that termination of my
__________________________________ 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
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
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