Giving Up a Father's Parental Rights

Many people wonder what is involved in giving up a father's parental rights. Any man can choose to give up his parental rights as long as another person, such as the child's mother or an adoptive guardian, is willing to take responsibility for the child. By relinquishing parental rights, the father is usually relieved from any obligation to his biological child.

Identification

Biological fathers might choose to give up (relinquish) parental rights in a number of situations. For example, if a couple decides to place a baby for adoption, a court will first need to terminate the parental rights of both biological parents before an adoption can be finalized. If a woman remarries and wants her husband to adopt her child, the biological father might chose to relinquish his parental rights. Some fathers choose not to be involved in the lives of their children. By giving up parental rights, they can be absolved of responsibility for providing financial support for the children.

Effects

In most cases, when a father chooses to give up his parental rights, he is completely released from any obligation to care for his biological child. Under the eyes of the law, the biological father and child are not related. The child may not inherit under the father's will as one of his children, and the father has no obligation whatsoever to care for the child.

Types

A father's parental rights must always be terminated by a judge. A father can sign a paper stating his desire to give up his parental rights. A court can involuntarily terminate a father's parental rights, such as in the case of child abuse. Some states have a putative father registry in place. This presumes that an unmarried man consents to giving up his parental rights so the baby can be placed for adoption. That holds true unless the father registers with the state after having sex with a woman who is not his wife.

Time Frame

The time frame for giving up parental rights varies. If a father signs a document stating his desire to terminate his parental rights, then this will happen whenever he can get a court date before a judge. In the case of giving up parental rights by default through a putative father registry, the state generally specifies how much time the father has to assert his parental rights after the baby is born. If the father does nothing, a judge will terminate his parental rights after the specified time period has elapsed.

Warning

In some cases, a father might continue to be held responsible for financially supporting his biological child even after he gives up his paternal rights. For example, if the mother must seek governmental assistance in order to support the child, a judge has the authority to terminate parental rights. He can still require the father to pay child support until the child reaches adulthood. This results in the father still being financially responsible for the child without having any visitation rights or say in how the child is raised. An example of this is in the unpublished court opinion of Illinois DHFS v. Warner, Ill., Illinois Supreme Court, January 25, 2008.

Resources

• Adoption and Putative Father Registries: Good Idea or Bad?
• Case Law Development: Termination of Parental Rights Does not End Child Support Obligation
• Illinois Putative Father Registry