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Can a Parent Give Up His or Her Parental Rights?

By: Lorna Elliott LLB (hons), Barrister - Updated: 29 Mar 2023 |
 
Can A Parent Give Up His Or Her Parental Rights?

If another person is recognised as the ‘legal’ mother or father of the child this means that the biological or former mother or father of the child does not have legal responsibility for the child any more.

Here are some examples of situations in which a biological parent may not be the ‘legal’ parent of the child:

  • After an adoption order is made
  • After a surrogacy order is made
  • If a married woman is inseminated artificially or conceives a child by in vitro fertilisation after 31st July 1991 the father will be her husband, unless he did not consent to the treatment.
  • If a man was a sperm donor to a woman married to another man who consented to the insemination, and the child is born in England or Wales after 3rd April 1988 and insemination took place before 1st August 1991, the father will be the woman’s husband.

Adoption

When a child is adopted, the legal responsibility of the biological parents is transferred to the adoptive parents. Children can only be adopted if they are under 18 years old and have never been married, and the biological parents must consent to the adoption of their child. However, if the biological parents are seen to be unreasonably withholding consent, the requirement for their consent can be waived. Since April 2007 adoption and fostering agencies have been required to consider gay and lesbian couples as prospective adoptive parents.

Surrogacy

Once a surrogate mother has given birth to a child, the court can make a parental order that transfers the legal responsibility to the intended parents. Although there have been over 700 surrogacy cases in the UK since 1985, not all have worked out according to plan. Although surrogacy is legal in the UK, it is illegal to ‘pay’ a surrogate mother anything other than ‘reasonable expenses’ for the surrogacy.

Before the child is born, the intended parents have very few rights. Once the baby is born, the intended father’s name can go on the birth certificate (so giving the surrogate mother and the intended father equal legal rights over the child.) Six weeks after the birth, the intended parents are entitled to ask for a parental order that transfers the rights from the surrogate mother to them.

At the time of writing, the Human Fertilisation and Embryology Bill is set to introduce new provisions in relation to parenting orders. At the moment, only heterosexual married couples are entitled to apply for these orders. The new law will allow same sex civil-partnership couples, unmarried couples and same sex couples not in a civil partnership the right to apply to the court for this type of order, although they must be in a long-term relationship.

Local Authorities & Court Orders

If a child is deemed to be at risk the local authority will investigate further and may take the child or children into care. In the first instance the local authority will try to resolve the issues without going to court but if after an attempt at resolution has failed, and it is considered that the child/children is still at risk it may apply to court to obtain a court order. The court must then decide whether or not a child is at risk. If so it may make a care or supervision order; if not it may make a residence order, a contact order, a specific issue order or a prohibited steps order.

Foster parents only have temporary rights over fostered children and do not have legal rights over them unless or until they decide to adopt them.

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Shanice - 29-Mar-23 @ 9:16 AM
Do I still have pr to my 2 children even though where taken from their mother's care and placed within the local authority system Approx 2.5 yrs ago
Mickiedock - 4-Mar-21 @ 10:36 PM
I am wanting to move on to a new life with my new partner and give up my right to my daughter. If I do this, would I still need to pay maintenance or if I legally give up my right her father will bare all spending.
Jemmy - 24-Dec-20 @ 12:33 AM
My ex partner/ girlfriend is moving out and leaving me with 2 of our sons for another man. And she wants to give up her parental right to the kids because she does not want to know anything about us, as long as she can live her life an we dont bother her! So could you advise me what processes we gotta go trough so she can finally get this done, and we can leave her to be?
Zigy - 27-Oct-20 @ 12:49 PM
I have a son age 13, I also have a mother who has undermined me as a parent since he has been born. She likes to cause trouble then act the victim, my son has admitted that she does fill his head with rubbish at times but he is adamant that he wants to live with her! The past 4 years I have been in a relationship and he has took my son on like his own ( but the mother doesn’t like it because I have a support network ) I will openly admit I have been soft with my son when he was younger to have a quiet life but now he’s a teenager it’s bit me right on the rear end but we are doing everything possible to make sure he stays on the right track. Iv had to stop contact with my son and his nana because he is a different child after he’s been to her house ( attitude, rude ) he thinks the sun shines out of his arse because she buys him and when she doesn’t get her own way the dummy is spat out and she will bring other family members into it. It’s a joke.. Do I let my son go ( it won’t last because she will get bored once the spark has gone )
Milly87 - 26-Oct-20 @ 2:12 PM
I have two children. I’m a single parent with one child I can not cope with (massive and unusual behaviour problems) as I suffer with my own mental health. The children’s father has chosen to have no contact for 4 years (he would have had to have put effort in travelling to/from his location to get the kids). I’ve exhausted every avenue on offer, to try and help myself and my son with the behavioural issues/me not coping. It’s affecting my other child’s emotional well-being and she ends up on the side lines because I’m constantly having to supervise my son. I feel that there is no other option other than to ask for support off their father. With regards to my son, I need a break (respite). Temporarily, if the father accepted it, would I be able to ask him to share the responsibility of my sons care? And also, I’d like to add I’ve asked for support from doctors, school and children’s services. They have all been unable to offer any practical support without massive involvement with the children’s services. I deem this an inappropriate and extreme measure to take because my daughter needs to be as unaffected by this situation as possible. She’s in a place where she’s settled and happy. It would be detrimental to her. If I were able to take a break from my sons behaviour, would my daughter be viewed as a child in need in terms of me being deemed unable to cope with my sons behaviour (therefore could the social services argue that I am unable to manage to cope with my daughter too?) I’m at the end of the road with knowing what to do. Please feel free to help?!
WonderingWoman - 8-Oct-20 @ 8:58 AM
My ex partner is making my life a living hell as long as I keep seeing my son my head can’t take all the stress that this is bringing what options do I have other than to give up my son?
Goalkeeper - 6-Oct-20 @ 5:21 PM
I have 2 children which I have not been allowed to see for the past 3 years as their mother won't allow it.I always had a very loving relationship with the children and the last time I saw them we were on holiday and had a fantastic time.Now I'm not allowed to be any part of their lives, not have my say on educational matters, childcare or anything else.I tried going through the family courts and got nowhere.I would like to give up my parental rights as the situation is really damaging my mental health.Is there a way I can do this?
Andy1975 - 28-Sep-20 @ 10:57 AM
My daughter's biological father has been absent from her life since she was 10 months old, she is now 6, almost 7 years. Although the line of communication was left open for him to be in contact with her, he chose not to, there has been no contact at all, not even for her birthdays or Christmases, there has been no maintenance paid for her either, I have no knowledge of his whereabouts. Is there a way without going to court to have his parental responsibility taken away?
Kiki - 22-Sep-20 @ 7:31 PM
I was just wondering if it was possible for a father to surrender his parental rights. He doesn’t have anything to do with her and is with another partner who has children. Is it possible to do this without having to go to court but him giving permission
Daniiw9527 - 7-Aug-20 @ 8:34 PM
My eldest daughters father and I separated 9 years ago when she was 1.5 years old. We were never married but he is on her birth certificate. He saw her for 4 days just after her 2nd birthday and has not visited her since nor has he paid a single penny towards her upbringing, education or health costs. She is now 10.5 years old. Hasn't seen her father since she was 2 or even spoken to him over the phone since then. He has never bought so much as a birthday or christmas card for her (ever, even when we were together). The only contact we get is a facebook message once or maybe twice per year simply asking how she is, then he disappears again. If god forbid somethings happens to me, I don't want her being sent back to live with a man she doesn't know and who obviously doesn't care about her very much. Is it possible to legally have his guardianship removed or his parental rights revoked?
ElizabethJ - 4-Feb-20 @ 10:18 AM
My husband and I seperated two years ago we have an 8 Yr old son together, since then he has moved his new partner in and had a child with her. The problem is that for the past two months he has had no contact with our son I have tried ringing, texting and emailing I can't go round to his house as his partner calls the police(even though I'm not doing anything wrong). In the past two months my son has become more anxious and now has seperation issues if I leave him with anyone but myself or my partner I am at a loss of what to do next. Any help would be very much appreciated.
Dizzy28 - 7-Aug-19 @ 2:12 PM
My sons father hasn’t had much contact with our son in 3 years, in 3 years he’s seen him 5 times and that’s only because I have gone to the town where he lives to see family. He has over come to our town once since we moved here almost three years ago. Before this he was unreliable would cancel all the time hardly paid any maintenance in the five years we have been split. He sees him once a year because I take him to his town but that’s for 24 hours. This lack of routine is affecting my 6 year old son, he’s an anxiouschild as it is and all this dose not help. He’s never been to any doctors appointments a and e or operations he’s undergoing assessments for autism now again he had two years of assessments before. Where do I stand I want no contact and can’t afford to take him to court and he cannot afford to take me to court
Moore95 - 17-Jul-19 @ 5:56 PM
I'm a single dad of two kids who live with me full time there is no court order but the kids mother doesn't want anything to do with them she is more concerned bout the two kids she had after with other men is there a way where she can voluntarily give up her rights as she she in past she doesn't get on with the kids
Dan - 20-Jun-19 @ 4:21 PM
I’m currently 6 months pregnant and think it would be in the best interests of my unborn child and the father of my unborn child to surrender all parental rights to him. If needed I can pay him support is this legally an option.
Frankie - 17-Jun-19 @ 10:20 PM
If a child is 19 and in education until the middle of May (BTEC) when does the child maintenance stop? Also, as the "child" is technically an adult, is it possible to pay the 19 year old the money, rather than the mother/father? I am asking on behalf of a friend. Regards Caroline
C - 19-Mar-19 @ 2:18 PM
My husband and i separated nearly 2 years ago and he has always seen the children twice a week with 1 overnight stay. He is now saying he would only like one overnight a fortnight because they are too much hard work. Youngest has picked up a few swear words which he claims 'daddy says this all the time' and my eldest is really struggling in school due to not knowing where he stands with his Dad and when hes meant to sleep over there. Am i in my rights to stop access until their dad stops messing us all about and agrees to regular access or has he got me over a barrel and i have to agree to the access on his terms? Our children are both autistic so routine and consistency are very important.
Avi - 14-Mar-19 @ 2:20 PM
We have had our granddaughter for just over two years now . The sgo was stoped by the social workers being pig headed . Would it be possible for our daughter to give up her rights and would it make it easier to get the sgo
alex - 2-Mar-19 @ 8:00 AM
I have been a mother 20 years two boys to the same man He has decided that he wants to take the youngest Now we are in court! He has emotional tortured me since I left him just over a year ago taking everything! Now we're in court! Can a father just decide he wants s time be a father and take from a mother!!! He a high status Me in benefits What can I do Back in court in 12 weeks 24 days to submit my evidence!
Nicole - 2-Mar-19 @ 6:42 AM
I have share care court order and I see my daughter every second weekend and every Wednesday. I have huge problems with my ex and im afraid. I would like to give up my parental rights and move to another country for safety. How can i remove my parental rights and leave?
sruble - 8-Feb-19 @ 12:13 PM
my sister wants to hand over her two daughters parental responsibilities to me. how can she go about it is it acceptable kindly advice because I also can not wait to have them as mine since I can not have children
haffie - 15-Oct-18 @ 12:11 PM
Hi Where do i start my daughter will be 3 in jan her dad hasnt seen her since she was 2 months old after a stressfull breakup when she was born he dosent want anything to do with her i dont claim csa from him i am not bothered about the money can we make it legal so he dosent have any rights to her like he wants or can someone somwhow make him pay an intrest or is adoption the only way for him to surrender his rights? If so can i adopt my own child on my own? Thank you
Petals1992 - 29-Sep-18 @ 1:56 PM
Hi looking for some advice. I have a 5 month old daughter and her father from the beginning said he didn’t want to be a part of the child’s life. Since then he has still shown no interest, ask for a dna test but then haven’t heard since we had that done. He’s never seen her, never paid any money or anything. Can I apply for full custody or get his rights taken away from him. As I can prove that he is unfit dad
Disney - 13-Sep-18 @ 2:21 PM
Mara - Your Question:
Hello just looking for some advice. My childs father has been absent from her life since she was 5 months old, she is now 4. He has never paid any maintenance nor has he tried to be a part of her life. I have received an email today from him stating he wishes to be taken off her birth certificate (this I know can't be done) but also states he wishes to renounce his PR. Is this something that can be done via court? Thank you

Our Response:
Your child's father would have to apply to court to do this and it is highly unlikely a court would allow this (unless there was very good reason). Likewise, your child's father will still be eligible to pay child maintenance regardless of whether he has contact/access to his child or not.
ChildSupportLaws - 3-Sep-18 @ 1:53 PM
Hello just looking for some advice. My childs father has been absent from her life since she was 5 months old, she is now 4. He has never paid any maintenance nor has he tried to be a part of her life. I have received an email today from him stating he wishes to be taken off her birth certificate (this I know can't be done) but also states he wishes to renounce his PR. Is this something that can be done via court? Thank you
Mara - 2-Sep-18 @ 9:11 PM
Tum - Your Question:
My 14 years old daughter wants her father to give up his rights because for 5 years he has not been there for her. When she was born she fell under my birth status and having to need her father to sign her passport form from my birth country. He has been making it so difficult that she has missed out on school trips abroad and had not been able to travel for holidays. How do I go abouts removing him from the parental rights?

Our Response:
You would have to apply to directly court.
ChildSupportLaws - 31-Jul-18 @ 11:31 AM
My 14 years old daughter wants her father to give up his rights because for 5 years he has not been there for her. When she was born she fell under my birth status and having to need her father to sign her passport form from my birth country. He has been making it so difficult that she has missed out on school trips abroad and had not been able to travel for holidays. How do I go abouts removing him from the parental rights?
Tum - 30-Jul-18 @ 2:22 PM
Bob - Your Question:
I have a 14 year old daughter who has avoided contact, phone or otherwise, for over a year. When I pushed the issue she told me she wants to end all contact, permanently. I can't force her to allow me to be a part of her life, so I'm not going to take them to court for visitation. However, given that I have virtually no parental rights as it is, and no access to the child, even via phone, would it be possible for me to relinquish those rights all together thus ending support obligations? Can I be legally required to pay support for the next 5 years or whatever it is, even though I have been blocked from ALL access to the child? Thanks in advance

Our Response:
Child maintenance and child access have no bearing on each other, meaning regardless of whether you see your child or not you are still by law seen to be financially responsible towards the day-to-day upkeep of your daughter.
ChildSupportLaws - 19-Jul-18 @ 11:26 AM
I have a 14 year old daughter who has avoided contact, phone or otherwise, for over a year.When I pushed the issue she told me she wants to end all contact, permanently.I can't force her to allow me to be a part of her life, so I'm not going to take them to court for visitation.However, given that I have virtually no parental rights as it is, and no access to the child, even via phone, would it be possible for me to relinquish those rights all together thus ending support obligations?Can I be legally required to pay support for the next 5 years or whatever it is, even though I have been blocked from ALL access to the child?Thanks in advance
Bob - 17-Jul-18 @ 10:53 PM
@Ellie - simple don't give up any rights if you don't want to. It could only take place if you consent to adoption - so don't.
Ricbn - 4-Jun-18 @ 3:35 PM
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