California courts have held that the right to a parent belongs to the child. As such, any agreement between the parties to terminate a parent’s rights is subject to judicial scrutiny. In short, without a proper finding by a court that it is in a child’s best interest to terminate a parent’s right any agreement by the parents that intends to terminate or “give up” one of the parent’s parental rights is void.
Furthermore, public policy disfavors termination of parental rights. It is in societies best interest to have the biological parents support a minor child and not tax payers. Thus, terminating a parent’s rights also relieves that parent from the financial responsibility to provide for the child. Should the remaining parent be incapable to provide for the child, public assistance would be necessary for the minor.
If parents wish to enter into an agreement terminating parental rights, they need to seek legal advice on the process and evidence needed to show that such agreement is in the child’s best interest.
For more information, please feel free to contact one of our attorneys at 800-589-9901 or email@example.com.