How to Terminate Parental Rights in California — California Family Law

Can Parental Rights Be Terminated in California?

Yes -- parental rights can be terminated in California through either a voluntary or an involuntary legal proceeding. How do you terminate parental rights in California? The answer depends on the circumstances. Voluntary termination occurs when a parent consents to relinquish their parental rights in connection with an adoption. Involuntary termination occurs when a court finds that a parent has engaged in conduct that meets one of the statutory grounds for termination and that termination serves the child's best interests. In either case, termination of parental rights is a permanent, irrevocable act -- once terminated, the legal parent-child relationship is ended and cannot be restored.

How to terminate parental rights is not a simple or quick process in California. The courts treat termination as a last resort because California law recognizes the fundamental constitutional right of parents to the care, custody, and control of their children. Overcoming that right requires either the parent's own voluntary consent in an adoption context, or clear and convincing evidence of specific statutory grounds that justify the permanent severance of the parent-child relationship.

Voluntary Relinquishment -- Giving Up Parental Rights

How do I give up parental rights voluntarily in California? Voluntary relinquishment is only available in connection with an adoption. A parent can relinquish their parental rights to a licensed California adoption agency by signing an Adoption Placement Agreement (form AD 530). This form is irrevocable 10 business days after it is signed, unless the prospective adoptive parents have not yet been identified, in which case it remains revocable until the adoptive parents are identified and the adoption is filed. A parent can also give consent directly to a prospective adoptive parent in a stepparent adoption or independent adoption by executing a written consent that becomes irrevocable after the adoption petition is filed.

Voluntarily giving up parental rights to avoid child support is not possible in California. A parent cannot sign away their rights -- and their child support obligation -- without an adoption replacing them. California courts consistently hold that child support is the right of the child, not of either parent, and neither parent can waive it by agreement alone. A parent who believes they can terminate their rights and walk away from support obligations without an adoption proceeding will find that California courts will not approve such an arrangement. Retaining an attorney before attempting voluntary relinquishment is strongly recommended because the process has strict procedural requirements and the consequences are permanent.

Involuntary Termination of Parental Rights

Involuntary termination of parental rights in California proceeds under two different statutory frameworks depending on the circumstances. In juvenile dependency cases -- where a child has been removed from parental custody due to abuse or neglect -- the termination proceeding occurs at a Welfare and Institutions Code section 366.26 hearing after the child has been in out-of-home placement for at least 18 months and reunification services have been terminated. In civil family law cases -- such as a stepparent adoption where one biological parent's rights must be terminated -- the proceeding occurs under Family Code sections 7820 through 7829.

The statutory grounds for involuntary termination in a civil family law proceeding include: abandonment, meaning failure to maintain contact with the child and to provide support for the child for a period of one year without justifiable cause; severe or chronic neglect; infliction of severe physical harm on the child or a sibling; sexual abuse of the child or a sibling; substance abuse that renders the parent incapable of caring for the child; and conviction of a felony with a prison sentence that would deprive the child of a parent for a substantial period. How do you terminate parental rights when the other parent refuses to consent? The petitioner must file a termination petition in Superior Court, prove one of these statutory grounds by clear and convincing evidence, and then establish that termination serves the child's best interests.

The Termination Proceeding -- What to Expect

A petition to terminate parental rights in a civil family law case is filed in the Superior Court. The parent whose rights are sought to be terminated must be personally served and has the right to respond and contest the petition. The court will set a hearing at which both parties can present evidence and testimony. The petitioner must prove the statutory ground by clear and convincing evidence -- a higher standard than the preponderance of evidence used in most civil cases. The court will then determine whether termination of parental rights serves the child's best interests. Even if grounds for termination are proven, the court will not terminate rights if the child has a strong existing meaningful relationship with the parent and termination would harm the child more than the current situation.

In dependency cases, the section 366.26 hearing also addresses the child's permanent plan -- whether the child will be adopted, placed in legal guardianship, or remain in long-term foster care. The court terminates parental rights only if adoption is the selected permanent plan and a prospective adoptive family has been identified or is likely to be identified within a reasonable time.

How Termination Affects Child Support

How to terminate child support through termination of parental rights: termination of parental rights does end the obligation to pay future child support from the date of the termination order forward. However, it does not eliminate arrearages -- unpaid support that accrued before termination remains owed and continues to accrue interest. After termination, if the child is adopted, the adoptive parent assumes all parental rights and obligations. If the child is placed in legal guardianship rather than adopted, child support obligations may continue under separate orders.

Can parental rights be terminated to end child support without an adoption? No. California courts will not approve termination of parental rights solely to end child support obligations. The purpose of termination is to free the child for adoption by a new parent who will assume the parental role, not to relieve a biological parent of financial responsibility. Courts that see a petition motivated primarily by the desire to avoid child support will deny it on public policy grounds.

Challenging a Voluntary Declaration of Parentage

How to give up paternity rights established through a Voluntary Declaration of Parentage (VDOP): a VDOP signed at the hospital is treated like a court judgment of paternity and has the same effect as a court order. It can be challenged within two years of signing if the signatory was not given required disclosures, was not the biological father, or signed under fraud, duress, or material mistake of fact. After two years, a VDOP can only be vacated on very limited grounds and requires filing a formal court proceeding. Anti-paternity fraud law in California: a man who discovers he is not the biological father of a child he signed a VDOP for has a limited window to challenge the declaration. If the two-year window has passed, the court must balance the interest in biological truth against the child's interest in preserving an established parental relationship.

Terminating Parental Rights Attorney in Orange County and Riverside County

If you are involved in a proceeding that may result in termination of parental rights -- whether you are the parent facing termination, the other parent seeking termination to free a child for adoption, or a proposed adoptive parent -- experienced legal representation is essential. Termination of parental rights is permanent and the stakes for all parties, especially the child, are extremely high. Furubotten Law, APC represents clients in termination of parental rights proceedings, stepparent adoption proceedings, and related custody matters throughout Orange County and Riverside County. Call (714) 795-3862 to schedule a complimentary initial case evaluation with Denise Furubotten, Esq.

Last reviewed: June 2026 · Author: Denise Furubotten, Esq.

Additional Termination Questions

How to revoke parental rights in California: the term "revoke" is sometimes used to mean terminate. Parental rights cannot be voluntarily revoked outside of an adoption proceeding -- a parent cannot simply file a form revoking their rights to avoid child support or other parental obligations. Termination requires either a court proceeding establishing statutory grounds, or consent to adoption by a licensed adoption agency or approved prospective adoptive parents. A Voluntary Declaration of Parentage (VDOP) can be rescinded within a specific window after signing, but rescinding a VDOP is not the same as terminating parental rights.

Petition to remove parental rights -- how it differs from termination: a petition to terminate parental rights seeks a court judgment permanently ending the legal parent-child relationship. This is a Welfare and Institutions Code proceeding in dependency cases, or a Family Code section 7820 proceeding in civil family law cases. The standard in all termination proceedings is clear and convincing evidence of the statutory grounds plus a best interests finding. Termination is permanent and irrevocable.

How to get non-custodial parent's rights terminated: to terminate the rights of a non-custodial parent in a civil family law proceeding -- for example, to free a child for stepparent adoption -- you must prove one of the grounds under Family Code section 7822 (abandonment, failure to maintain contact and support for one year, etc.) by clear and convincing evidence. The non-custodial parent has the right to be served, to appear, and to contest the petition. If the non-custodial parent cannot be located despite diligent search, service by publication is available.