Voluntary Termination of Parental Rights in California [2025 Updated]

Although fighting for parental rights is a common reason people come to family court, not all parents have an interest in child-rearing or being financially responsible for a child. If you are seeking adoption or have general concerns about child support, you may be wondering about voluntary termination of parental rights in California. Under certain conditions, the biological parent can make this determination.

Understanding Voluntary Termination of Parental Rights

In California, voluntarily terminating parental rights is a serious matter that is not taken lightly by the courts. Once approved by a judge, the action permanently ends the legal relationship between a parent and their child. This step severs not only the legal connection between the parent and child but also all responsibilities and privileges, such as inheritance rights. Although termination can occur voluntarily, the court must approve the decision.

Voluntary termination most commonly occurs in connection with adoption proceedings. If a stepparent wishes to adopt a child, the biological parent may voluntarily relinquish their rights to allow for the new parent-child relationship. Courts require clear and convincing evidence that the decision is voluntary, informed, and serves the best interest of the child.

Foster Care, Adoption, and Parental Rights in California

The role of the foster care system highlights how parental rights and voluntary termination issues play out in California. In fiscal year 2022, California finalized 5,657 adoptions from foster care. These adoptions often included the termination of one or both biological parents’ rights. Voluntary termination can speed up the adoption process and is preferable to seeking involuntary termination of parental rights.

As of 2022, approximately 15,349 children were waiting to be adopted in California. Of these, 8,180 had already experienced the termination of their biological parents’ rights, either voluntarily or through court action. This is a reminder that the termination of parental rights does not always mean that the child is automatically adopted by another parent or parents.

Filing a Voluntary Termination Request in Orange County

When a parent wishes to voluntarily terminate their rights, they must file specific forms with the appropriate family court. In Orange County, these cases are typically handled at the Lamoreaux Justice Center in Orange, CA, which is near Orangewood Children’s Home.

The court then holds a hearing to ensure that the relinquishing parent is making the decision of their own free will. In cases involving pending adoptions, the adopting parents must also be present to confirm their intent to assume full parental responsibilities.

During this time, there are often children waiting in the foster care system for new loving parents. The duration between a child’s entry into foster care and adoption varies significantly. About 24.3% of children were adopted within 12 to 24 months of entering foster care, while 34% were adopted within 24 to 36 months.

It is important to remember that voluntary termination is not typically an option for someone who wishes to avoid paying child support or other parental responsibilities. The courts must approve terminations and generally only do so when there is a serious risk to the child with the current parent, or there is another parent waiting to adopt the child. Whatever the reason for seeking parental termination, a legal representative can guide you through the process.

FAQs

Can a Parent Voluntarily Terminate Parental Rights in California?

In California, a parent cannot voluntarily terminate parental rights unless there is a pending adoption or dependency court case. Courts require clear legal grounds before allowing termination, focusing on the child’s best interests. Filing a request alone is not enough. If adoption or a government case is involved, voluntary relinquishment may be permitted after formal court proceedings are completed.

How Long Does a Father Have to Be Absent to Lose His Rights in California?

In California, a father’s rights may be terminated after six months or more of abandonment, meaning no communication or support. However, termination is not automatic. A court proceeding must establish that abandonment occurred and that terminating rights would serve the child’s best interests. Filing a petition with supporting evidence is typically required to move forward with parental rights termination based on abandonment.

Do You Have to Pay Child Support if You Give Up Parental Rights in California?

Relinquishing parental rights in California does not automatically end child support obligations. Child support continues unless another person legally adopts the child and assumes responsibility. Courts prioritize financial support for the child’s welfare even if a parent no longer has custodial rights. Legal adoption is the only situation that typically ends both parental rights and support obligations under California law.

How Long Does It Take to Terminate Parental Rights Voluntarily in California?

The timeline for terminating parental rights voluntarily in California varies by case. If an adoption is pending, the process may take a few months to several months from filing to finalization. Court scheduling, required investigations, and consent verification all influence timing. Working with an experienced attorney can help avoid unnecessary delays.

Can Parental Rights Be Terminated Without Consent in California?

Yes. In California, parental rights can be terminated without a parent’s consent if a court finds clear evidence of abandonment, unfitness, or risk to the child’s safety. The termination process must follow strict legal standards to protect constitutional rights. Filing for involuntary termination requires presenting strong, documented evidence that termination is in the child’s best interests and meets California’s statutory requirements.

Secure Experienced Legal Guidance With Quinn & Dworakowski, LLP

Voluntarily terminating parental rights in California is a complex legal process that courts approach with utmost seriousness. Whether for adoption purposes or another reason, the court’s primary concern will always be the best interests of the child. Navigating this process requires careful preparation and a thorough understanding of what the court expects.

At Quinn & Dworakowski, LLP, our experienced family law attorneys are ready to guide you through every step of the process. We can tailor our strategies to your goals while keeping the child’s welfare as the central focus of everything we do. Contact our office today to schedule a consultation.

About The Author

Stephane Quinn

Attorney Stephane Quinn is an experienced divorce and family law attorney and Certified Family Law Specialist (California Bar Board of Legal Specialization). As founding partner of Quinn & Dworakowski, LLP, he focuses on fathers' rights, complex custody cases, and high-asset divorces. Admitted to the California Bar in 2010 (SBN #278188), he has been recognized as: Super Lawyers Rising Star (Since 2017) Cum laude graduate from California State University, Long Beach Juris Doctor from Fowler School of Law in Orange Fluent in French, Attorney Quinn aggressively protects clients' rights in Orange County family courts.

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