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Affidavit Of Voluntary Relinquishment Of Parental Rights Form for the United States

Affidavit Of Voluntary Relinquishment Of Parental Rights Form Template for United States

An Affidavit of Voluntary Relinquishment of Parental Rights is a legally binding document used in United States family courts where a parent voluntarily terminates their legal rights and responsibilities to their child. This document must comply with both federal and state-specific requirements, including proper execution, waiting periods, and revocation rights. It serves as a permanent surrender of all parental rights and typically requires court approval.

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What is a Affidavit Of Voluntary Relinquishment Of Parental Rights Form?

The Affidavit of Voluntary Relinquishment of Parental Rights Form is used when a parent chooses to permanently terminate their legal relationship with their child. This document is commonly used in adoption proceedings, child welfare cases, or when a parent determines they cannot fulfill their parental responsibilities. The affidavit must comply with state-specific requirements and federal regulations, including the Indian Child Welfare Act where applicable. It contains detailed information about the parent, child, and circumstances of relinquishment, and typically requires court approval to become final. Once executed, it permanently terminates all parental rights, obligations, and responsibilities.

What sections should be included in a Affidavit Of Voluntary Relinquishment Of Parental Rights Form?

1. Caption and Court Information: Identifies the court, parties, and case number

2. Personal Information: Affiant's details, child's details, and other parent's information

3. Declaration of Competency: Statement affirming mental competency and voluntary nature of action

4. Statement of Understanding: Acknowledgment of permanent nature and consequences of relinquishment

5. Rights Being Relinquished: Detailed listing of all parental rights being surrendered

6. Verification: Sworn statement of truth and notarization block

What sections are optional to include in a Affidavit Of Voluntary Relinquishment Of Parental Rights Form?

1. Native American Heritage Declaration: Required section when child may have Native American ancestry, addressing ICWA requirements

2. Post-Termination Contact Agreement: Optional section detailing any agreed terms for continued contact after relinquishment

3. Counseling Acknowledgment: Section confirming receipt of legal/psychological counseling when required by state law or voluntarily obtained

What schedules should be included in a Affidavit Of Voluntary Relinquishment Of Parental Rights Form?

1. Birth Certificate: Certified copy of child's birth certificate

2. Service Documents: Proof of service on other parent or interested parties

3. Social Study: Required study or report if mandated by state law or court

4. Counseling Documentation: Proof of required counseling if applicable under state law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Clauses
























Industries

Indian Child Welfare Act (ICWA): Federal law that must be considered if the child has Native American heritage, providing specific requirements and protections for Native American children

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA): Federal law governing jurisdiction in child custody matters across state lines

Parental Kidnapping Prevention Act (PKPA): Federal law ensuring enforcement of custody determinations across state lines and preventing parental kidnapping

State Family Code: Specific state laws governing family relations and parental rights termination procedures

State Termination Statutes: State-specific laws detailing the requirements and procedures for terminating parental rights

Waiting Period Requirements: State-mandated timeframes that must be observed before parental rights can be terminated

Revocation Period Regulations: State laws specifying the timeframe during which a parent can revoke their decision to relinquish rights

Execution Requirements: State-specific requirements for document execution, including notarization and witness requirements

Mental Competency Standards: Legal requirements ensuring the relinquishing parent is mentally competent to make the decision

Voluntary Consent Requirements: Legal standards ensuring the relinquishment is voluntary and free from coercion or duress

Child Support Obligations: Legal considerations regarding ongoing child support obligations after relinquishment

Inheritance Rights: Legal implications for the child's inheritance rights after parental rights termination

Future Contact Provisions: Optional provisions regarding any future contact between the child and the relinquishing parent

Other Parent's Rights: Legal considerations regarding the rights and involvement of the non-relinquishing parent

Best Interests Standard: Legal requirement that the relinquishment serves the best interests of the child

Teams

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