Correction Post — It has been brought to our attention that there was a typographical error in this post which was posted last month.  In the third paragraph of the prior post titled “Affidavit of Termination of Parental Rights – What it is and what it is not” a sentence states, “It does, in of itself, terminate parental rights….” when it should state “It does not, in of itself, terminate parental rights.”

The the document titled “Affidavit of the Voluntary Termination of Parental Rights” is somewhat misleading.  Some believe that by signing this document and doing nothing more, a person’s parental rights are terminated.  No!!!

The Affidavit is just an Affidavit.    The affidavit is used in several contexts.  One context is where a parent wishes to give his/her child up for adoption at birth.  Another, and the area where I have seen it the most, is when the biological parent wishes to allow the step-parent to adopt their child.

The Affidavit allows the parent who wishes to voluntarily terminate his parental rights to express those wishes.  It does not, in of itself, terminate parental rights.  A court must terminate the parental rights.   The Affidavit can have language which would waive all future notice of adoption proceedings, etc. which simplifies the process but a court must terminate the parental rights.