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 typically done 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 parent.
Who can use this affidavit?
Any parent or legal guardian who is over the age of 21 and wishes to relinquish their parental rights can use this affidavit. It is important that the individual has personal knowledge of the situation and understands the implications of their decision.
The affidavit requires several pieces of information, including:
-
Your name and age
-
The name and address of the child
-
The name of the child's mother or legal guardian
-
Details about any court-ordered support obligations
-
The reasons for relinquishing parental rights
Can I change my mind after signing the affidavit?
Yes, you can revoke your relinquishment within 11 days of signing the affidavit. To do this, you must communicate your decision to the child's mother or guardian and follow specific procedures, including having your revocation witnessed and notarized.
What happens if I do not revoke my relinquishment?
If you do not revoke your relinquishment within the specified 11-day period, your parental rights will be terminated irrevocably. This means you will no longer have any legal rights or responsibilities concerning your child.
What should I do if I want to revoke my relinquishment?
If you decide to revoke your relinquishment, you must sign a statement in front of two credible witnesses and have it notarized. This statement must then be delivered to the child's mother or guardian, and a copy should be filed with the court if applicable.
Is there any legal advice available before signing the affidavit?
Yes, it is highly recommended to seek legal advice before signing the affidavit. Understanding the full implications of relinquishing parental rights is crucial, as it is a significant decision that can affect your life and the life of your child.
What are the long-term effects of relinquishing parental rights?
Relinquishing parental rights means you will lose all legal rights to make decisions for your child, including decisions about education, healthcare, and living arrangements. You will also be relieved of any legal responsibilities, such as child support. This can have lasting effects on your relationship with your child.
What if the child is adopted after my rights are relinquished?
If your parental rights are relinquished and the child is adopted, you will no longer have any legal relationship with the child. The adoptive parents will assume all parental rights and responsibilities, and you will not be able to contest the adoption.
How is the affidavit notarized?
The affidavit must be signed in front of a notary public, who will verify your identity and witness your signature. The notary will then complete the document, which makes it legally binding.