Table of Contents
The Affidavit of Voluntary Relinquishment of Parental Rights is a significant legal document that facilitates the formal process of a parent relinquishing their rights to a child. This form requires the individual to provide personal information, including their age and address, as well as details about the child involved. It also asks the parent to affirm their understanding of their parental rights and duties, acknowledging that they are voluntarily giving up these rights. The form includes critical sections where the parent must state whether they are under any court-ordered obligations for child support and whether they own any property of value. Importantly, the affidavit emphasizes that this relinquishment is irrevocable after a specified period, although the parent retains the right to revoke their decision within 11 days of signing. The document must be executed in the presence of a notary public, ensuring its legal validity. Furthermore, the parent must communicate any revocation to the other legal guardian, providing a clear framework for the process. This form encapsulates not only the legal implications of relinquishing parental rights but also the emotional weight of such a decision, making it a crucial tool in family law.
Document Specifics
| Fact Name | Details |
|---|---|
| Definition | The Affidavit of Voluntary Relinquishment of Parental Rights is a legal document where a parent voluntarily gives up their parental rights to their child. |
| Governing Law | This form is governed by state laws, which can vary. For example, in California, it falls under Family Code Section 7822. |
| Eligibility | The individual signing the affidavit must be over the age of 21 and competent to make the affidavit. |
| Child Information | The affidavit requires specific information about the child, including their name, current address, and date of birth. |
| Obligation Disclosure | The signer must disclose if they are under a court order to make child support payments, choosing between two options in the affidavit. |
| Property Ownership | The affidavit includes a statement regarding whether the signer owns any property of value. |
| Best Interest Statement | The signer must provide reasons why relinquishing parental rights is in the child's best interest. |
| Irrevocability | Once signed, the relinquishment is generally irrevocable after 11 days, unless a revocation is submitted within that time frame. |
| Revocation Process | If the signer wishes to revoke the relinquishment, they must notify the mother and submit a statement witnessed by two credible persons. |
Similar forms
- Affidavit of Voluntary Relinquishment of Parental Rights: This document is fundamentally about a parent voluntarily giving up their rights to their child. It outlines the reasons for this decision and the understanding that it is irrevocable after a certain period. Similar to the Affidavit, other documents may also involve relinquishing or transferring parental rights.
- Power of Attorney for Child: This document allows a parent to grant another individual the authority to make decisions on behalf of their child. Like the Affidavit, it requires a clear understanding of the rights being transferred, though it is often temporary and can be revoked.
- Consent to Adoption: When a parent consents to the adoption of their child, they are relinquishing their parental rights, similar to the Affidavit. This document is often more formal and involves the court, but both signify a permanent decision regarding parental responsibilities.
- Termination of Parental Rights Petition: This legal document is filed to formally end a parent's rights to their child. It is similar to the Affidavit in that it addresses the reasons for termination and the impact on the child’s welfare.
- Guardianship Agreement: In this document, a parent may designate another person to care for their child, transferring certain rights and responsibilities. Like the Affidavit, it requires the parent to acknowledge their understanding of the rights being granted.
- Trailer Bill of Sale: This form is essential for the transfer of trailer ownership in Arizona, much like other documents that formalize parental rights and responsibilities. To learn more about this, you can check the Arizona PDF Forms.
- Child Custody Agreement: This agreement outlines the custody arrangement between parents after separation or divorce. It parallels the Affidavit in that it details the responsibilities and rights of each parent regarding their child.
- Parental Consent Form: This document is often required for activities such as medical procedures or school trips, where a parent gives permission for their child to participate. It shares similarities with the Affidavit in that it involves a parent acknowledging their rights and responsibilities.
- Child Support Agreement: This document outlines the financial obligations of a parent towards their child. While it does not relinquish rights, it is similar in that it involves a formal acknowledgment of parental duties and responsibilities.
Affidavit Parental Rights Example
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
__________________________________ 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
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
Understanding Affidavit Parental Rights
What is the purpose of the Affidavit of Voluntary Relinquishment of Parental Rights form?
This form allows a parent to voluntarily give up their legal rights and responsibilities regarding their child. By signing the affidavit, the parent acknowledges that they understand the implications of this decision, including the fact that it is irrevocable after a specified period unless revoked within that time frame.
Who should complete this affidavit?
The affidavit should be completed by a parent who wishes to relinquish their parental rights. This individual must be over the age of 21, have personal knowledge of the statements made in the affidavit, and be competent to make the affidavit.
What information is required to fill out the form?
The form requires personal details about the parent, including their name, age, and address. Additionally, it asks for the child’s name, current address, and age. The parent must also provide information about their obligations regarding child support, if applicable, and the reasons for relinquishing their parental rights.
Can a parent change their mind after signing the affidavit?
A parent can revoke their relinquishment of parental rights within 11 days of signing the affidavit. To do so, they must communicate their intent to the child’s mother and provide a signed statement witnessed by two credible persons. This statement must also be verified before a person authorized to take oaths.
What happens if the affidavit is signed?
Is legal representation required to complete this form?
Where should the completed affidavit be submitted?
Dos and Don'ts
When filling out the Affidavit Parental Rights form, it is crucial to approach the process with care. Here are four things you should and shouldn't do:
- Do provide accurate personal information, including your name, address, and age.
- Do clearly state the reasons for relinquishing parental rights, ensuring they are well thought out and relevant.
- Don't leave any sections blank. Each part of the form must be completed to avoid delays or complications.
- Don't forget to have the document notarized. A notary public must witness your signature to validate the affidavit.
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