What is the Affidavit of Voluntary Relinquishment of Parental Rights?
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 typically used when a parent believes that it is in the best interest of the child to terminate the parent-child relationship. The document requires specific information about the parent, the child, and the reasons for relinquishment.
Who can complete this affidavit?
Only a parent who is over the age of 21 and has personal knowledge of the statements made in the affidavit can complete this document. The individual must also be competent to make the affidavit, meaning they must understand the implications of relinquishing their parental rights.
What information is required in the affidavit?
The affidavit requires the following information: the name and age of the parent, the child's name and age, the current address of both the parent and the child, and details about the parent’s obligations regarding child support. Additionally, the parent must provide reasons for believing that termination of parental rights is in the child's best interest.
What are the implications of signing this affidavit?
Signing this affidavit means that the parent is relinquishing all parental rights and responsibilities toward the child. This decision is irrevocable after a specified period, typically 11 days, unless the parent takes the necessary steps to revoke the relinquishment within that timeframe. Understanding these implications is crucial before proceeding.
Can the relinquishment be revoked?
Yes, the relinquishment can be revoked within 11 days of signing the affidavit. To do so, the parent must communicate their intent to revoke to the child's mother and follow specific procedures, including signing a statement in front of two credible witnesses and having it verified by a person authorized to take oaths.
What happens if the parent does not revoke the relinquishment?
If the parent does not revoke the relinquishment within the specified 11-day period, the termination of parental rights becomes permanent. This means the parent will no longer have any legal rights or responsibilities toward the child, including custody, visitation, and financial support.
What should a parent consider before signing the affidavit?
Before signing the affidavit, a parent should carefully consider the long-term implications of relinquishing their parental rights. It is advisable to consult with a legal professional to fully understand the consequences and ensure that the decision is in the best interest of the child.
What is the role of witnesses in this process?
Witnesses play a critical role in the revocation process. If a parent decides to revoke their relinquishment, the revocation statement must be signed in the presence of two credible witnesses. These witnesses help verify that the revocation is legitimate and that the parent is making the decision voluntarily.
Where should the completed affidavit be filed?
The completed affidavit should be filed with the Clerk of the Court in the jurisdiction where the termination of parental rights is being sought. This ensures that the legal process is properly documented and that all parties are aware of the relinquishment.
