Parents have the responsibility in providing financial, emotional, and physical comfort for their children and have therefore fundamental liberty in raising them. Termination of parental rights is an extremely serious matter and there should be serious proof that it is really necessary for the child’s best interests.
Only when one of the parents represents an immediate threat or danger to the child the court can terminate his or her parental rights. There are a few statutes when such an extreme measure is possible:
- Severe and chronic abuse or neglect – the parent physically abuses the child or does not provide food, shelter, medical care or any other vital needs;
- Sexual assault;
- Long-term alcohol or drug problems;
- Failure to pay assigned by the court alimony.
- Abandonment – a parent has not contacted the child for over 6 months without a good reason, and does not care for the child.
Please note that parental rights can be terminated only over the child who has been already born. No one can decide that you do not deserve to raise a child that has not yet been born. Also, there is a limited list of parties who can file a petition concerning your abilities to raise your child. Those can only be:
- One of the parents (custodial or non-custodial);
- Legal guardians (immediate relatives such as grandparents, siblings, uncles or aunts cannot file such claims);
- Social worker.
No matter what the circumstances are, only the judge can decide if the termination of parental rights would be in the child’s best interests.
At Rosjurconsulting law firm we have experience with some cases when single men who fathered a child through surrogacy and in order to hasten the registration of the baby entered into a fake marriage with a surrogate. This step might have devastating consequences and might cost you custody – and alimony – if the surrogate files for divorce.
If you have already made this mistake it is never too late to get in touch with our lawyers who can help you filling a petition to terminate the surrogate’s parental rights over your child.