Also known as: parental right and duty · parents' rights and duties · parental rights · parental duties · parental responsibility · parental authority
Written by attorneys · grounded in primary & secondary sources — see below
A bundle of constitutional and statutory protections that vest parents with authority to direct their children's upbringing together with corresponding duties of care and financial support. These entitlements include the right to consent to adoption and the opportunity to develop a relationship with a child absent unfitness. They are subject to termination only upon clear and convincing proof of neglect or misconduct and to procedural safeguards such as notice and an opportunity to be heard.
Select any source to read its text and confirm it supports the definition.
Phuong Pham and her former partner separated before their child's birth. When the stepfather sought to adopt, the agency required Phuong's written consent because her parental rights had never been terminated. Without that consent the adoption petition could not proceed.
Peter Park held physical custody of his daughter in State A. When the mother petitioned for a custody determination in State B, the court first ensured that Peter received notice and an opportunity to be heard under the Act before entering any order.
Paul Peterson donated sperm to Penelope Price under a Kansas assisted-reproduction statute. Because no written agreement preserved his parental rights, the court held that Paul was not a legal parent of the resulting child.
Paige Porter and her former spouse submitted a custody dispute to arbitration. The arbitrator could decide parenting time and support but lacked authority to terminate either parent's rights under the uniform act.
Pierre Poulin failed to register in the state paternity registry before the child's adoption proceeding. Because he had already established a parent-child relationship under state law, the registration requirement did not apply and he retained the right to notice.
An unmarried biological father lived with his newborn for several months, visited regularly after separation, and paid support. Because he manifested parental responsibility, the court required his consent before approving the proposed adoption.
Consent is unnecessary if parental rights have already been terminated, the parent cannot be located after reasonable efforts, or the father never attempted to establish a legal or personal relationship with the child.
Supporting sources
Notice and an opportunity to be heard must be given to any parent whose rights have not been terminated and to any person having physical custody of the child.
…the rights of parents to the custody and companionship of their own children, Stanley v. Illinois, supra , or with traditional parental authority in matters of child rearing and education. Yoder , Ginsberg , Pierce , Meyer, supra . But unless we close our eyes to the basic reasons why certain rights associated with the family…
…proceedings, in denaturalization proceedings, in civil commitment proceedings, and in proceedings for the termination of parental rights
…True, a woman who enters into a surrogacy arrangement intending to raise the child has by her intent manifested an assumption of parental responsibility in addition to her biological contribution of providing the genetic material. (See Adoption of Kelsey S., supra, 1 Cal.4th at pp. 838, 849.) But the gestational mother's biological…
…1992, and superseded by Louisiana Children's Code, Title X, Art. 1001 et seq. (1991), permanently terminating all of Richards' parental rights because of the alleged abuse and permanently enjoining him from any contact with the children. Neither the District Court nor the Court of Appeals found it necessary to pass on the accuracy…
…tutor or schoolmaster is the very prototype of that status. As Blackstone describes it, a parent "may . . . delegate part of his parental authority
Supporting sources
A sperm donor must enter a written agreement with the recipient that expressly preserves donor paternity. Without the writing the donor has no legal parental rights.
Supporting sources
No. The Uniform Family Law Arbitration Act expressly prohibits an arbitrator from terminating parental rights or granting guardianship of a child.
Supporting sources
A man must register before the birth or within a statutory period after birth unless a parent-child relationship has already been established or he has commenced a parentage proceeding before termination of his rights.
Supporting sources
The right turns on actual manifestations of parental responsibility such as living with and caring for the child, visiting regularly, admitting paternity, paying support, and demonstrating willingness to assume custody.
Supporting sources