Termination of Parental Rights (TPR)

A termination of parental rights (TPR) is a legal action that officially severs ties between a parent and child. A TPR is of interest to prospective adoptive parents because it’s the legal process that makes it possible for a child to be adopted. Birth parents may voluntarily choose a TPR, or a court may require one due to neglect, abuse, abandonment, or another serious issue. 

A TPR is often the final action a court takes in cases related to the rights of a parent. It’s estimated that about 1 in 100 U.S. children experience a TPR in their childhood. In this guide, we explore different types of TPRs, as well as what they mean for everyone involved.

The information on this page is for educational purposes only and does not constitute legal advice. The termination of parental rights is a complex and life-altering legal matter. You must consult with a qualified attorney in your state to receive guidance on your specific situation.

What Is Termination of Parental Rights?

A termination of parental rights severs a parent’s legal ties with a child. After a termination of parental rights, a parent and child have no legal connection with one another, and generally do not maintain any interpersonal connection, either. To be specific, a TPR ends a parent’s:

• Legal custody of a child
• Rights to visitations with a child
• Responsibilities to care for a child
• Liability for a child’s well-being or conduct
• Obligations to pay child support
• Rights to make decisions about a child’s healthcare, education, or life
• Legal connection that would establish inheritance to a child

The purpose of a TPR is to make a child available for legal adoption, so they can be placed in a permanent, stable home. When considering a TPR, a court focuses on the best interest of the child and acts in accordance with what is most likely to keep the child safe and healthy. A parent can voluntarily choose to terminate their parental rights, or a TPR may be mandated by a court.

In a majority of states, a termination of parental rights cannot be reversed. In places where reversal is possible, it’s usually rare and difficult to achieve. For this reason, a termination of parental rights is largely considered permanent and irrevocable.

The Two Paths to TPR: Voluntary and Involuntary

Parents may choose to have their parental rights terminated, or a court may require it. In both cases, the TPR is a legal action that takes place in court. When a parent chooses to relinquish their parental rights, it’s called a voluntary termination of parental rights. When a parent is required to relinquish their parental rights, it’s called an involuntary termination of parental rights.

Voluntary Termination of Parental Rights

Commonly, a parent makes the decision to pursue a voluntary TPR because they want to place their child for adoption due to an unplanned pregnancy or a sense of not being prepared for parenthood. Voluntary TPRs are most common in private infant adoptions, and a birth parent is most likely to opt for a voluntary termination of parental rights shortly after childbirth, or while their child is still an infant. 

Many states have a mandated waiting period after childbirth during which a parent cannot yet sign paperwork to consent to voluntarily terminate their parental rights. This waiting period varies from state to state, but is usually between 24 and 72 hours. The purpose of the waiting period is to ensure birth parents have fully thought over their choice. 

After the waiting period passes and a parent has signed the consent to voluntarily terminate parental rights, most states have a revocation window during which the parent can change their mind. This window may be up to 30 or even 60 days in some states. Once the window has passed, the choice is generally considered irrevocable, or permanent.

Involuntary Termination of Parental Rights

While private infant adoptions tend to involve voluntary TPRs, an involuntary termination of parental rights is more common in adoptions from foster care. The court turns to an involuntary TPR to protect a child when they conclude that a parent is unfit to raise them. Once an involuntary TPR is finalized, the child may be adopted from the foster care system.

There are multiple reasons a court may terminate a parent’s rights:

• Chronic abuse, including sexual, physical, or emotional abuse
• Severe neglect, such as a failure to provide adequate food, shelter, or healthcare
• Abandonment of the child over a certain time period, which varies from state to state
• Severe domestic violence in the home that may endanger the child
• Sexual exploitation of the child
• A conviction for a felony crime, especially one involving family violence
• Long-term substance use disorder that interferes with parenting ability
• Long-term mental illness or disability that interferes with parenting ability
• Long-term incarceration, with no other family caregivers available
• A failure to improve the problem or situation that led to the child’s initial removal
• A child remaining in the foster care system longer than the state’s limit

Some states allow for exceptions to involuntarily terminating rights. For example, if the child lives with another family member or the court determines the state didn’t provide the necessary support the parent needed to regain custody, the termination of rights may be prevented. In some states, an older child can also speak in court to try and prevent the termination of parental rights, if they choose to do so.

The Legal Process for TPR: What to Expect in Court

While the legal process for terminating parental rights varies by state, there are certain steps that are generally part of the process, regardless of location.

Step 1: Filing the Petition

First, someone must file a formal request, called a petition, with the court to seek termination of parental rights. The specific person who files such a request depends on the situation. In the case of a voluntary TPR, the birth parent commonly files the petition with the support of a private adoption agency.

In the case of an involuntary TPR related to a child currently in the foster care system, the state’s child protective services agency often files the petition. They generally do so after concluding an investigation that determined severe abuse or neglect. In some cases, a foster parent files the petition with the help of an agency.

Step 2: Serving Notice

Once the petition for an involuntary TPR is filed, the parent who may lose parental rights must be given formal notice of the process. Their notification will make them aware that someone has asked the court to terminate their parental rights and give them the chance to appear in court and defend their rights, if they choose to do so.

When a parent pursues a voluntary TPR, notice is not required, since they have chosen to seek a termination of parental rights.

Step 3: The Hearing or Trial

The next step is a court hearing. In a voluntary TPR, the judge asks the birth parent questions to verify that they consent to giving up rights and haven’t been coerced.

In an involuntary TPR, the person or agency who filed the initial petition must present evidence demonstrating that the parent has engaged in abuse, neglect, abandonment, or some other issue that makes them unfit to continue to be a parent. The parent may be able to speak during the court hearing or present evidence that disputes the claims being made against them. 

Step 4: The Final Order

In a voluntary TPR, the judge proceeds with terminating parental rights, as long as there’s no evidence of coercion. In an involuntary TPR, the judge determines whether or not there’s ample evidence supporting the allegations made against the parent. If the judge agrees that the parent is unfit to care for the child, they issue a court order terminating parental rights.

After the final order, the parent is able to file an appeal with a higher court if they believe the proceedings were mishandled. However, in most cases, a final order terminating parental rights becomes permanent and irrevocable.

The Rights of Birth Fathers in TPR

When an unmarried birth mother voluntarily relinquishes her parental rights or has them taken away by the court, the birth father may try to retain his parental rights. Parental rights could give him visitation rights or custody of the child.

Whether or not a birth father is able to retain parental rights after the birth mother experiences a termination of her parental rights largely depends on the actions he takes. Signing an Acknowledgment of Paternity, a legal document that establishes that he is the father, may help him retain parental rights. Having a relationship with the child or providing financial support may also help.

In many states, a birth father must be notified if a birth mother chooses to terminate her parental rights and place the child for adoption. Many states maintain what is called a Putative Father Registry, a list of unmarried birth fathers acknowledging their paternity or potential paternity of a child. Adding his name to this list can help ensure a birth father receives notification of a potential adoption of his child and provides him the opportunity to seek parental rights.

The rights of birth fathers tend to come up in adoptions involving single birth mothers. The notification of the birth father is important, because his consent may be needed to proceed with adoption. A birth mother’s termination of parental rights often isn’t enough, and the parental rights of both parents is often required to move forward.

What Happens After Parental Rights are Terminated?

Immediately after parental rights of both parents are terminated, a child is considered a “legal orphan” by the court. This term means the child has no legal parents and is available for adoption. The next step is to proceed with adoption or a long-term foster care placement. In some cases, a child is placed with family members who may then pursue adoption.

When a child is already in foster care at the time parental rights are terminated, the foster parents may choose to adopt the child. If a child in foster care is never adopted, they generally “age out” of the foster care system at age 18 or, in some states, age 21. However, adoption usually leads to better outcomes for children than long-term foster care.

Your Guide Through the Process: An Experienced Adoption Attorney

Navigating termination of parental rights can be tricky, since it involves a complex and nuanced legal system. Whether you are a prospective adoptive parent or a birth parent, it’s a good idea to seek expert legal counsel to provide advice and represent you in court, if necessary. 

Being represented by your own attorney ensures your rights and interests are protected throughout the court process. An attorney experienced in termination of parental rights and adoption policy can also make sure the process is handled ethically and legally every step of the way.

Find a Qualified Adoption Attorney in Your State

Sources

• https://pmc.ncbi.nlm.nih.gov/articles/PMC6868298/
• https://www.ncsl.org/human-services/reinstatement-of-parental-rights-state-statute-summary