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Parental Rights

Before an adoption can occur, the child's legal relationship with both birth parents must be severed. This process, called termination of parental rights (TPR), can be either voluntary or involuntary.

Find links to applicable laws and resources:

• Voluntary TPR
• Involuntary TPR

Voluntary TPR

Laws governing voluntary consent to adoption and the revocation of this consent vary from State to State. Some terms for this process include surrendering or relinquishing a child for adoption.

Consent to Adoption

Series Title:	State Statutes Series
Author(s):	Child Welfare Information Gateway
Availability:	View Publication Printable Version (PDF - 142 KB)
Year Published:	2007 - 7 pages

Reviews State laws that specify the persons who must consent to a child's adoption, time frames for consent, and guidelines for revocation of consent.

ICWA—Protecting Native American Children
National CASA Association (1991)
View Abstract
The Indian Child Welfare Act (ICWA), passed in 1978, includes information regarding voluntary adoption relinquishment.

The Rights of Presumed (Putative) Fathers

Series Title:	State Statutes Series
Author(s):	Child Welfare Information Gateway
Availability:	View Publication Printable Version (PDF - 136 KB)
Year Published:	2007 - 5 pages

Discusses the rights of the alleged fathers of children born out-of-wedlock and whether States have registries for such fathers.

Voluntary Relinquishment for Adoption

Series Title:	Numbers and Trends
Author(s):	Child Welfare Information Gateway
Availability:	View Publication Printable Version (PDF - 195 KB) Order Publication (Free - Add to Cart)
Year Published:	2005 - 4 pages

Voluntary placement of children for adoption is relatively rare in the United States. This paper examines some of the more recent statistics and trends regarding the relinquishment of children by birth mothers.

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Involuntary TPR

Links to applicable laws and information on involuntary termination of parental rights for adoption.

Criteria and Procedures for Determining a "Compelling Reason" not to File a TPR (PDF - 126 KB)
Provides criteria for making a "compelling reason" determination and outlines a process for documenting and reviewing those determinations.

Grounds for Involuntary Termination of Parental Rights

Series Title:	State Statutes Series
Author(s):	Child Welfare Information Gateway
Availability:	View Publication Printable Version (PDF - 177 KB)
Year Published:	2007 - 4 pages

Reviews State laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.

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	Related Information Gateway Topics Adoption: Making the decision Adoption: Customary (Native American) adoption Achieving & maintaining permanency: Legal and court issues in permanency

Updated on December 7, 2007