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.
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.
| Question | Answer |
|---|---|
| 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 |
