The termination of parental rights is the act of legally severing the ties and thus the legal obligations between a parent and child. While there are forms of this process involving contesting parties, the focus here will be on the voluntary termination of Parental Rights in Missouri.
When does voluntary termination of Parental Rights Occur?
Voluntary termination of parental rights in Missouri usually occurs during the adoption of a child, in which the birth parents would consent to have their parental rights terminated, so that the child may be adopted by another family. If the parent believes this would best support their child’s future, and is the best course of action they may voluntarily terminate their parental rights. In a situation in which voluntary termination of parental rights is deemed the best course of action, it is required that the parent voluntarily terminating their parental rights does so knowingly, intelligently, voluntarily, and in writing. The facts surrounding the voluntary termination of parental rights will be considered when determining if those requirements have been satisfied.
What must happen before Voluntary Termination of Parental Rights Occurs?
In order for the voluntary termination of parental rights Missouri to occur, both the parent terminating their rights, and the court must find that termination is in the best interest of the child. The child must be at the very least, 48 hours old if the child is being adopted. In the event of an adoption, the adoption must comply with normal requirements. This means a review and acceptance procedure must be conducted. Consent for the adoption can be withdrawn at any point in time prior to the reviewing and acceptance of the adoption by a judge. If an individual wishes to withdraw consent, they must do so before it is approved by a judge, and they can do so in either writing or verbally. However, verbal withdrawal of consent must be specifically stated.
These are the requirements of voluntary termination of parental rights in Missouri. Any situation which would involve contesting parties or the mandatory termination of parental rights would have different requirements in place. It is recommended to consult a legal professional before pursuing the voluntary termination of parental rights.
If you want more information about the voluntary termination of parental rights, you can contact Flesner Wentzel to learn more.
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