Affidavit of Parental Rights PDF Details

This document is a sworn statement that an adult (the affiant) signs in front of a notary, asking to end their legal parent-child relationship with the named child. The form first identifies the state/county. Then, it records the affiant’s name, age, birthdate, and address, along with the child’s name, birthdate, age, and current address.

In Texas, an affidavit of voluntary relinquishment must be signed after the child’s birth and not before 48 hours after the birth (this timing requirement applies to any parent signing under Texas Family Code §161.103, not only the mother). Two credible persons must witness the document, and a person authorized to take oaths (often a notary) verifies it.

In the middle of the form, the affiant must make several declarations:

• Whether a court order currently requires them to pay child support (choice 5A or 5B).
• That the child “does not own any property of value.”
• The reasons the affiant believes termination is in the child’s best interest (with space to attach extra pages).
• The mother’s identity and full address as the child’s biological mother and current legal guardian.

Important: Texas law requires identifying information about the other parent or a statutory statement explaining why that information is unavailable.

In the later sections, the person signing confirms they’ve been told about their parental rights and responsibilities and that they fully understand what they are giving up.

The form also explains that the decision becomes final after a short period. The signer has up to 11 days from the date of the affidavit to change their mind. If they do, they must notify the mother, sign a written revocation in front of two witnesses, get it properly verified, and deliver it to the mother. If a court case is already in progress, a copy must also be filed with the court clerk.

Under Texas law, if an affidavit doesn’t state it is irrevocable for a stated time, it is revocable only before the 11th day after signing and becomes irrevocable on/after day 11. Some affidavits are irrevocable immediately. This includes certain affidavits that designate DFPS or a licensed child-placing agency as managing conservator.

When Do You Need a Consent to Termination of Parental Rights?

An affidavit of parental rights is necessary in specific circumstances where ending a legal parent-child relationship is part of a formal legal process. Most often, when a prospective adoptive parent plans to adopt a child. In these cases, consent may be required from one or both parents, depending on the family situation and state law.

Courts commonly use consent in voluntary cases that end parental rights. For example, when a parent agrees that adoption serves the child’s best interest. These cases may involve a licensed child placing agency or a private adoption arrangement.

In involuntary cases, a court can end parental rights without consent when a parent abandons a child, causes harm, neglects care, or fails to provide long-term support. Courts also address mistaken paternity when later proof shows someone is not the child’s biological parent.

Consent questions can also arise in child custody disputes, when parental rights interfere with permanent placement plans.

Important: Termination of parental rights requires a court order; signing an affidavit alone does not terminate rights.

Because parental rights termination permanently ends legal duties and privileges, courts closely review how and when consent is given.

QuestionAnswer
Form Name Affidavit of Voluntary Relinquishment of Parental Rights
Form Length 4 pages
Fillable? Yes
Fillable fields 48
Avg. time to fill out 10 min
Other names voluntary relinquishment of parental rights Texas PDF, sign over parental rights forms Texas, printable voluntary termination of parental rights form Texas, affidavit of voluntary relinquishment of parental rights form Texas

Form Preview Example

Affidavit of Voluntary Relinquishment of Parental Rights

STATE OF: ___________ COUNTY OF:____________ COUNTRY: USA

BEFORE ME, the undersigned authority, on this day personally appeared

________________________, a person known to me, who, upon his oath, deposed

and stated as follows:

1.“My name is _____________________________, I am over the age of 21. I have personal knowledge of the statements made herein and am otherwise competent to make this affidavit.”

2.I reside at

____________________________________________________________________

____________________________________________________________________

_____________________________________________________________________

I am _________ years of age and was born on ____________________.

3._______________________is the name of the child. Her/His present address is:

__________________________________________________________________.

________________________________was born on _______________________and is currently ___________________years old.

4._________________________________is the mother and legal guardian

of:_______________________________________ .

PAGE 1

5.Choose one (5A or 5B) by placing an X in the box in front of the statement and completing the statement.

5A.

[

] I am not presently under an obligation by court order to make payments for the

support of ______________________________________.

or

 

 

5B.

[

] I am presently under an obligation by court order to make payments for the

support of ______________________________________.

6.___________________________________ presently does not own any property of value, real or otherwise.

7.It is my belief that termination of my parent-child relationship with

__________________________________ is in her/his (circle one) best interest for the following reason (s):

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

_____________________________________________________________________

(If more space is needed, attach an additional sheet and number it 7.)

PAGE 2

8.____________________________________________ is biological mother and current legal guardian of___________________________________

and resides at

______________________________________________________________(full address: street, city, state, zip).

9.I have been informed of parental rights and duties and herein acknowledge both the nature and extent of these rights and duties and my relinquishment of said rights and duties.

10.I am aware that my relinquishment of parental rights with respect to

_____________________________________is irrevocable (beyond the period of 11 days set forth in paragraph #11).

11.I acknowledge my right, which is evidenced by my execution of this Affidavit, to revoke this relinquishment if done so before the 11th day after the date of this Affidavit.

12.Should I choose to revoke this relinquishment, I understand that my revocation is to be communicated to ____________________________________(mother) at

___________________________________________, with telephone number (____) _________________________________ .

I understand that, to revoke this relinquishment, I must sign a statement witnessed by two (2) credible persons and verified before a person authorized to take oaths. I understand that this statement must

be delivered to _________________________________(mother) at the above

address and that a copy shall also be filed with the Clerk of the Court in which the suit for termination of the parent-child relationship has been filed, if applicable.

PAGE 3

13.My signature below additionally evidences that a copy of this Affidavit has been provided to me at the time of my signature and execution.

FURTHER AFFIANT SAYETH NOT.

Affiant

SWORN TO and subscribed before me on this day of _______________ 20____.

Notary Public in and for the State of __________________________. My Commission

Expires:__________________________________

Signature of Notary_______________________________________

________________________________SIGNATURE OF WITNESS

________________________________ Witness Name Printed

PAGE 4

How to Edit Affidavit Parental Rights Form Online for Free

This affidavit is for termination cases where a parent voluntarily agrees to give up legal rights to a child and asks the court ends the parent-child relationship as part of a formal proceeding. A party typically files the document with the original petition or attaches it to the termination case.

1. Heading Information

At the top of the form, enter the state and county where you will sign the affidavit. Do not sign it yet, since you must sign the document in front of a notary.

2. Affiant’s Personal Details

In paragraphs 1 and 2, write your full legal name, confirm that you are over 21, and provide your current address, age, and date of birth.

stage 1 to writing sign over parental rights forms texas

3. Child’s Information

In paragraphs 3 and 4, write the child’s full name, present address, birth date, and age. You must also list the mother’s full name, identifying her as the child’s mother and current legal guardian.

sign over parental rights forms texas I am years of age and was born on, is the name of the child HerHis, is the mother and legal guardian, and PAGE fields to complete

4. Child Support Statement

In paragraph 5, choose only one option - either 5A or 5B.

Filling out sign over parental rights forms texas step 3

Mark whether you are currently under a court order to pay child support, and insert the child’s name in the blank provided.

Entering details in sign over parental rights forms texas step 4

5. Property and Best-Interest Statements

Paragraph 6 requires you to state that the child does not own property of value.

In paragraph 7, explain why terminating the parent-child relationship is in the child’s best interest. You may attach additional pages if you need more space.

sign over parental rights forms texas is biological mother and current, I have been informed of parental, and I am aware that my relinquishment blanks to fill out

6. Mother’s Contact Info

In paragraph 8, repeat the mother’s name and write her full mailing address - street, city, state, and ZIP code.

Step 7. Sign and Notarize

Paragraphs 9 through 12 explain your parental rights and the 11-day revocation period. Sign the affidavit only in the presence of a notary and two witnesses, who must also complete and sign their sections for the document to be valid.

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