Termination of Parental Rights or Surrender of Parental Rights: What's the Difference?

I have received many questions about the similarities and differences between a surrender of parental rights and a termination of parental rights. While the end result is often the same when the parental rights and responsibilities of a parent are permanently severed, there many differences to be aware of. 

Similarities

• Both are proceedings that can end in the permanent severing of all parental rights and responsibilities of a parent.

• Parents who are surrendering or may have their parental rights terminated are entitled to an attorney, and if they cannot afford one the court will appoint an attorney to represent them.

• Both proceedings are confidential.

Differences

• In a surrender of parental rights, all the parties agree to terminate the rights of a parent; a termination of parental rights can be either contested or uncontested. A TPR petition does not always result in a termination of one or both parents parental rights. 

• A parent in a surrender is entitled to counseling at the expense of the petitioning party about the parent’s decision to place the child up for adoption.

• The court is required to appoint a guardian ad litem to represent the best interests of the child in a termination proceeding; a surrender petition does not require the appointment of a guardian ad litem.

• A surrender of parental rights requires that there be a pending adoption, where a termination of parental rights does not. An adoption does not always follow a termination of parental rights case.  

• A termination proceeding requires that the court make a finding, beyond a reasonable doubt, that grounds exist to terminate the parental rights of a parent and that it is in the best interests of the child. A surrender does not require such findings, only the agreement of the parties that the surrender take place.

• TPR cases are heard in the Circuit Court- Family Division, and surrender cases are either in the Circuit Court – Family Division or the Circuit Court – Probate Division depending on the specific facts of the case.

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