Can a Parent Voluntarily Relinquish Parental Rights in Illinois?

 Posted on January 06, 2025 in Family Law

When a mother gives birth to a child, she automatically receives legal privileges and responsibilities, officially referred to as parental rights. If the mother is married, her husband is presumed to be the baby’s father, and therefore he also gains parental rights. Unmarried fathers can establish paternity and obtain parental rights by signing a Voluntary Acknowledgement of Paternity (VAP). However, there are some circumstances in which a parent may wish to give up his or her parental rights. An Illinois family law attorney can help you understand the logistics of your parental rights and offer legal guidance.

What Does It Mean to Voluntarily Give Up Your Parental Rights?

Parental rights include the right to parenting time, the right to object to the child being placed for adoption, and much more. However, being a child’s legal parent may also require certain responsibilities such as a child support obligation. Children can only have two legal parents. If a stepparent wishes to adopt his or her stepchild, the other parent may need to terminate his or her parental rights. The court also has the authority to terminate a parent’s rights against his or her will in situations involving abandonment, abuse, or other issues that endanger the child.

It is important to note that a parent cannot relinquish his or her parental rights simply to avoid paying child support. Typically, a parent is only allowed to voluntarily terminate his or her parental rights if another person is willing to adopt the child. However, parents do have the option of surrendering their parental rights to the state of Illinois and placing a child up for adoption if they choose. This is accomplished by filling out an Irrevocable Surrender to an Agency for the Purpose of Adoption form and submitting it to the Department of Children and Family Services (DCFS).

When Can Parental Rights Be Relinquished?

There are limited circumstances in which a parent can voluntarily relinquish their parental rights. These situations often involve:

• Stepparent Adoption: If the child’s stepparent is ready and willing to adopt the child, the biological parent may voluntarily terminate parental rights to allow the adoption to proceed. In this case, the stepparent assumes the parental responsibilities, including financial support and decision-making on the child’s behalf.

• Agency Adoption: Parents can relinquish their parental rights to an adoption agency, which allows the agency to place the child with an adoptive family. In Illinois, this process must adhere to strict legal guidelines and requires the parent to complete an irrevocable surrender form.

• Private Adoption: If a child is adopted by a non-relative, such as a family friend or another party, the biological parent must relinquish his or her rights. Illinois law requires that these adoptions are in the child’s best interest.

• Unfit Parenting Determination: In situations where a parent is deemed unfit to raise a child due to abuse, neglect, or abandonment, a court may terminate the parent’s rights without their consent.

How Do You Legally Relinquish Parental Rights in Illinois?

A parent wishing to terminate their rights must petition the court and demonstrate that the relinquishment is in the child’s best interests. Courts in Illinois will take the following steps to determine whether parental rights should be terminated:

• Filing a Petition: If a parent wants to voluntarily terminate his or her parental rights, he or she must file a formal petition with the appropriate Illinois family court.

• Court Review: The court will thoroughly review the circumstances of the case, including the presence of a suitable adoptive parent or guardian who is willing to take responsibility for the child.

• Best Interests of the Child: The court’s primary consideration is always the child’s best interests, which is why determining what those best interests are is a crucial step in this process. If the court finds that terminating the parent’s rights would negatively impact the child, the petition will most likely be denied.

• Legal Finalization: If the court approves the petition, it will issue an order to terminate the parental rights. At this point, the parent has no legal rights or obligations regarding the child.

What Are the Consequences of Terminating Parental Rights?

Once a parent’s rights are terminated, he or she loses all legal connections to and responsibilities for the child. This includes:

• Loss of Parenting Time: The parent no longer has the right to visitation or decision-making for the child.

• Removal from the Birth Certificate: The parent’s name is taken off of the child’s birth certificate.

• Termination of Financial Obligations: In most instances, the parent is no longer required to pay child support.

• No Legal Claim to the Child: The parent cannot seek to reestablish parental rights later, as the termination is permanent and irrevocable.

In adoption cases, the child’s new parents will assume full legal responsibility for the child, including all parental rights and obligations. They also have the right to decide if the biological parent may have any contact with the child in the future.

What Are the Exceptions and Challenges for Relinquishing Parental Rights?

Illinois courts are very reluctant to approve the voluntary termination of parental rights unless there is a compelling or valid reason to do so. Parents cannot relinquish their rights simply because they want to avoid paying child support, even if they feel unfit or unwilling to fulfill their parental role. The court must ensure that relinquishing parental rights will not leave the child without sufficient financial or emotional support.

In some cases, one parent may oppose the termination of the other parent’s rights. For instance, a custodial parent may rely on the non-custodial parent for child support and may not consent to the termination. The court will carefully examine the arguments from both sides before making a final decision.

Contact a DuPage County, IL Parental Rights Lawyer

Parental rights may be voluntarily relinquished, but state courts will only allow this to be done in specific situations. If you want to learn more about the termination of parental rights, adoption, or other family law concerns, contact The Stogsdill Law Firm, P.C.. Call us today at 630-462-9500 to schedule a confidential consultation with a knowledgeable Wheaton, IL family law attorney.