Despite apparently severe consequences, there is constitutional protection that can be a defence to the involuntary end of parental rights. The U.S. Supreme Court recognizes special constitutional safeguards. In Santosky v. Kramer 455 U.S. 745 (1982), the court balanced the respective interests of the parents, importance and publicity and concluded that the Due Process Clause requires that any charge of parental incapacity be proven by the “clear and compelling standard of evidence” – the assessment of the high commitment of the parent in the event of the child`s loss in relation to any danger that the parents may pose to the child. Valid adoption can be established in the child`s state of residence, in the state where the adoptive parents reside when the child is tried, or in a state where either the adoptive parents and the adoptive child or the person in custody of the child are subject to his or her personal jurisdiction. Parents who believe that their rights are likely to be threatened or who have been asked to relinquish their rights are strongly encouraged to seek the help of an experienced family lawyer or to speak (in case of dependency proceedings) with the public authorities involved in the proceedings. The sooner a parent asks for help and takes action, the more likely it is that the parent`s rights will not be terminated.
Parents` rights: the legal obligations and obligations that apply to the parent of a child. These rights may include physical custody of the child, custody of the child, provision of food and shelter, consent to medical care and protection of the child from damage. If a parent does not assume parental responsibility, this may lead to an involuntary termination of parental rights. The termination of parental rights is a serious act which, in most cases, is permanent and irrevocable. In other words, once a court has terminated a parent`s rights, it is very difficult for that parent – and in most cases impossible – to recover those rights. It is extremely important that a parent who is invited to sign a consent, or to surrender, fully understand the document before signing it. As soon as consent or surrender is signed and executed correctly, a parent who wishes to “cancel” such a document must provide proof that his signature was obtained by fraud or deception.