Affidavit Parental Rights Template

Affidavit Parental Rights Template

The Affidavit of Voluntary Relinquishment of Parental Rights is a legal document that allows a parent to formally give up their rights to their child. This process is significant and can have lasting implications, making it essential for individuals to understand the responsibilities and consequences involved. If you are considering this step, it’s crucial to be informed and deliberate in your decision-making.

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The Affidavit of Voluntary Relinquishment of Parental Rights is a critical legal document that allows a parent to formally relinquish their rights and responsibilities toward their child. This form is often utilized in situations where a parent believes that terminating their parental relationship is in the best interest of the child. It requires the parent to provide personal information, including their name, age, and address, as well as details about the child, such as their name and current living situation. The form includes specific sections where the parent must declare whether they are under any court-ordered support obligations and affirm their understanding of the rights they are giving up. Notably, the document outlines the irrevocable nature of this relinquishment, with a brief window of opportunity for the parent to revoke their decision within 11 days of signing. By signing the affidavit, the parent acknowledges their awareness of the implications of their decision and the process for revocation, which involves notifying the child’s mother and following a formal procedure. This affidavit not only serves as a legal record but also reflects the emotional weight of such a decision, emphasizing the importance of considering the child's best interests.

Affidavit Parental Rights Sample

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

support of ______________________________________.

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.)

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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.

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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

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Different PDF Forms

Key takeaways

  • Understand the Purpose: The Affidavit Parental Rights form allows a parent to voluntarily relinquish their parental rights. This is a significant legal step that should not be taken lightly.
  • Eligibility: The individual filling out the form must be over the age of 21 and have personal knowledge of the statements made in the affidavit.
  • Provide Accurate Information: Ensure that all personal details, including names, addresses, and birthdates, are filled out accurately to avoid legal complications.
  • Choose the Right Option: In section 5, select either 5A or 5B to indicate whether there is a court-ordered obligation for child support.
  • State the Reasons: Clearly articulate the reasons for relinquishing parental rights in section 7. This explanation is crucial for legal proceedings.
  • Acknowledge Rights: It is important to acknowledge awareness of your parental rights and duties before signing the affidavit.
  • Understand Irrevocability: The relinquishment of parental rights is generally irrevocable after 11 days, so consider this carefully before proceeding.
  • Revocation Process: If you wish to revoke the relinquishment, it must be done within the specified timeframe and communicated properly to the other parent.
  • Witness and Notary Requirements: The affidavit must be signed in the presence of a witness and a notary public to ensure its validity.