The Affidavit of Voluntary Relinquishment of Parental Rights is a legal document that allows a parent to voluntarily give up their parental rights to their child. This form outlines the parent's personal information, the child's details, and the reasons for the relinquishment. Understanding this process is crucial for anyone considering this significant decision.
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The Affidavit Parental Rights form serves as a critical legal document for individuals contemplating the relinquishment of their parental rights. This form is designed to ensure that parents understand the implications of their decision, outlining essential information about the child, including their name, age, and current address. It requires the affiant to provide personal details, such as their age and residence, establishing their competency to make such a declaration. A significant aspect of the form is the requirement for the affiant to select whether they are currently obligated to pay child support, a factor that can influence the relinquishment process. Furthermore, the form emphasizes the affiant's belief that terminating their parental relationship is in the best interest of the child, necessitating a clear explanation of the reasons behind this belief. Importantly, the document addresses the irrevocability of the relinquishment after a specified period, while also providing a window for revocation within 11 days of signing, contingent upon specific procedural requirements. The affiant must acknowledge their understanding of parental rights and duties, thus ensuring they are fully informed of the legal ramifications of their actions. Finally, the form concludes with a section for notarization, underscoring the necessity of formal verification and the provision of a copy to the affiant, reinforcing the seriousness of this life-altering decision.
When filling out and using the Affidavit of Voluntary Relinquishment of Parental Rights form, consider the following key points:
Filling out this form is a significant step. Take your time to understand each section and seek guidance if needed. Your decisions regarding parental rights can have lasting implications.
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
6.___________________________________ presently does not own any property of value, real or otherwise.
7.It is my belief that termination of my parent-child relationship with
__________________________________ 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 parent-child relationship has been filed, if applicable.
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
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 their child. This process is often undertaken when a parent believes that it is in the best interest of the child to be raised by someone else, such as a relative or adoptive family.
Who should complete this affidavit?
This affidavit should be completed by a parent who wishes to relinquish their parental rights. It is important for the individual to be over the age of 21 and to have personal knowledge of the statements made in the document.
What information is required in the affidavit?
The affidavit requires personal information about the parent, the child, and the current legal guardian. This includes names, addresses, ages, and the reasons for relinquishing parental rights. If more space is needed for reasons, an additional sheet can be attached.
Can a parent revoke the relinquishment of their rights?
Yes, a parent can revoke the relinquishment within 11 days of signing the affidavit. To do so, the parent must communicate their decision to the child's mother and follow specific procedures, including signing a statement witnessed by two credible persons.
What are the implications of signing this affidavit?
By signing the affidavit, a parent acknowledges that their relinquishment of parental rights is irrevocable after the 11-day period. This means that once this time has passed, the parent cannot reclaim their rights, and the child may be placed for adoption or raised by another guardian.
What happens after the affidavit is signed?
After the affidavit is signed, a copy should be provided to the parent relinquishing their rights. It may also need to be filed with the Clerk of the Court if there is an ongoing legal case regarding the termination of the parent-child relationship.
Is legal representation necessary to complete this affidavit?
What should a parent consider before signing the affidavit?
Before signing, a parent should carefully consider the long-term implications of relinquishing their parental rights. It is essential to understand the emotional, legal, and financial consequences. Seeking advice from a trusted friend, family member, or legal professional can be beneficial.
Where can I find assistance with this process?
Assistance can be found through legal aid organizations, family services, or private attorneys specializing in family law. These resources can provide guidance and support throughout the process of completing the affidavit.
The Affidavit of Voluntary Relinquishment of Parental Rights is a crucial document in matters of parental rights termination. However, it often accompanies several other forms and documents that provide additional context and legal clarity. Below is a list of related documents that may be required or beneficial in conjunction with the affidavit.
These documents work together to provide a comprehensive legal framework for the relinquishment of parental rights. Each plays a specific role in ensuring that the process is conducted fairly and in accordance with the law, ultimately serving the best interests of the child involved.
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When filling out the Affidavit Parental Rights form, there are important guidelines to follow. Here’s a list of things you should and shouldn't do:
Following these guidelines can help ensure that the process goes smoothly and that all necessary information is provided correctly.