How and When Can a Parent Voluntarily Terminate Their Parental Rights in Illinois?

Posted on in Visitation and Parenting Time

IL custody lawyerThere are several ways that parental rights can be terminated in Illinois. For example, a father may lose his parental rights if the court finds that he is not the true biological or adoptive father of the child. The involuntary termination of parental rights may be a result of a parent being deemed “unfit” due to abuse, neglect, abandonment, or another issue. However, there are also circumstances in which a parent may choose to give up his or her parental rights. Voluntary termination of parental rights is often an important step in the adoption process. For help with issues related to the relinquishment of parental rights in Illinois, contact an experienced family law attorney.

Voluntary Relinquishment of Parental Rights Requires Court Approval

A parent who has terminated his or her parental rights loses the right to spend time with his or her child or have any decision-making authority regarding the child’s upbringing. Additionally, the parent will no longer be required to pay child support. However, a parent cannot simply give up his or her parental rights to avoid a child support obligation. Illinois courts make all child-related decisions based on what is in the child’s best interests. Therefore, courts usually only grant a voluntary termination of parental rights if there is another individual, such as a stepparent, who wants to adopt the child. If there is not an adoptive parent who is prepared to take on parenting responsibilities, a hearing must be held to determine whether or not the termination of parental rights is in the child’s best interests.

Relinquishment of Parental Rights For the Purpose of Adoption

Children can only have a maximum of two parents according to Illinois law. A parent may be asked to terminate his or her parental rights so that another parent can adopt the child. If the biological parent agrees to the adoption, he or she will fill out a Consent to Adoption form as well as an affidavit asserting that:

  • He or she is, in fact, the child’s biological parent
  • He or she understands that the child is being considered for adoption
  • He or she agrees to the adoption

A voluntary termination of parental rights may be eligible for reversal if the termination was the result of duress or fraud. The decision may also be reversed if the Department of Family Services files a motion to restore parental rights based on the best interests of the child.

Contact a St. Charles Child Custody Lawyer

Parents automatically have certain rights and responsibilities under Illinois law. However, these parental rights may be voluntarily or involuntarily terminated in certain circumstances. If you want to learn more about adoption or the termination of parental rights, contact a seasoned Illinois family law attorney at Shaw Family Law, P.C. Call our office today at 630-584-5550 and schedule a confidential consultation to discuss your needs.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1863

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