Involuntary Termination of Parental Rights

Parental rights can be terminated involuntarily when child cannot safely remain in the care of the legal parent due to neglect, abuse, abandonment, or inability of the parent to provide for the child’s basic needs, or after two years of legal guardianship by a non-parent. A termination action can sever the rights of one parent without affecting the rights of the other parent. If the rights of both parents are terminated, the court refers the child to the custody of a public agency, private adoption agency, or legal guardians, so that the child may be adopted.

A legal action to terminate parent rights can be filed by a legal guardian, a prospective adoptive parent, an adoption agency, the other parent, or another interested person. Most families use the services of an experienced adoption attorney or licensed adoption agency to assist them with this process, which is quite technical and time-consuming.

Legal Authority: Welfare & Institutions Code Section 366.26; Family Code Sections 7660 et.seq.; Family Code Sections 7800 et.seq.; Probate Code Section 1516.5.