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Fill in a Valid Affidavit Parental Rights Form

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 form is often used in situations where it is believed that such a relinquishment is in the best interest of the child. Understanding the implications and requirements of this affidavit is crucial for anyone considering this significant decision.

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Fill in a Valid Affidavit Parental Rights Form

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Document 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.)

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 parent-child relationship has been filed, if applicable.

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

Document Information

Fact Name	Description
Purpose	The Affidavit of Voluntary Relinquishment of Parental Rights allows a parent to voluntarily give up their parental rights to a child.
Legal Authority	This form is governed by state laws regarding parental rights termination. For example, in California, it is governed by Family Code Section 7822.
Irrevocability	Once signed, the relinquishment is irrevocable after 11 days, unless a revocation is properly executed within that timeframe.
Revocation Process	If a parent wishes to revoke the relinquishment, they must do so in writing, witnessed by two credible persons, and notify the mother.
Witness Requirement	The signature of a witness is required to validate the Affidavit, ensuring that the process is transparent and accountable.

Affidavit Parental Rights - Usage Guidelines

Filling out the Affidavit of Voluntary Relinquishment of Parental Rights form is a crucial step in the process of relinquishing parental rights. After completing this form, it will be necessary to submit it to the appropriate authorities, which may include a court or a legal representative. Ensure that all information is accurate and complete, as this document carries significant legal weight.

Identify Yourself: Write your full name at the top of the form. Make sure to indicate that you are over the age of 21 and that you have personal knowledge of the statements you are making.
Provide Your Address: Fill in your complete residential address, including street, city, state, and zip code.
State Your Age: Indicate your age and your date of birth.
Child's Information: Enter the name of the child whose parental rights you are relinquishing, along with their current address and date of birth.
Mother's Information: Identify the mother and legal guardian of the child, including her name and the child’s name.
Financial Obligation: Choose either 5A or 5B by placing an X in the appropriate box. Complete the statement based on your current financial obligations regarding child support.
Property Ownership: State whether you currently own any property of value. If you do not own property, indicate that clearly.
Best Interest Statement: Explain why you believe that terminating your parental rights is in the best interest of the child. Provide a detailed explanation and, if needed, attach an additional sheet for more space.
Legal Guardian's Information: Provide the name and full address of the biological mother and current legal guardian of the child.
Acknowledge Parental Rights: Confirm that you have been informed of your parental rights and duties and acknowledge your relinquishment of those rights.
Irrevocability Acknowledgment: Understand and acknowledge that your relinquishment of parental rights is irrevocable after 11 days.
Revocation Rights: State your understanding of your right to revoke this relinquishment within 11 days. Include the necessary contact information for the mother to whom the revocation should be communicated.
Signature and Witness: Sign the affidavit and ensure that it is witnessed by two credible persons. The notary public will also need to sign and stamp the document.

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Dos and Don'ts

When filling out the Affidavit of Voluntary Relinquishment of Parental Rights form, there are several important dos and don’ts to keep in mind. Following these guidelines can help ensure that the process goes smoothly.

Do read the entire form carefully before you start filling it out. Understanding each section will help you provide accurate information.
Do provide complete and truthful information. Inaccurate details can lead to complications or delays.
Do ensure that you meet the age requirement. You must be over 21 years old to sign this affidavit.
Do include all necessary signatures. Make sure that both you and any required witnesses sign the document.
Don't leave any required fields blank. If a section does not apply to you, indicate that clearly.
Don't rush through the process. Take your time to review your answers and ensure everything is correct before submitting.

Common mistakes

Incomplete Information: One common mistake is failing to fill in all required fields. Each section of the affidavit must be completed accurately. Omitting details like the child's name, birth date, or the affiant's personal information can lead to delays or rejections.
Incorrect Selection of Options: When choosing between options 5A and 5B, individuals sometimes forget to mark one of the boxes. This oversight can create confusion about financial obligations related to child support, potentially complicating the process.
Neglecting to Provide Reasons: In section 7, it’s crucial to articulate the reasons for relinquishing parental rights. Leaving this section blank or providing vague statements may not adequately convey the affiant's intentions, which could affect the court's decision.
Failure to Acknowledge Revocation Rights: Many people overlook the importance of understanding their right to revoke the relinquishment within 11 days. Not acknowledging this can lead to unintended consequences, as they may feel trapped in their decision.
Missing Signatures and Notarization: Lastly, some individuals forget to sign the affidavit or ensure it is properly notarized. Without these crucial steps, the document may not be legally binding, rendering it ineffective in the eyes of the court.

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