Parental abandonment is when a parent stops providing care for their child, which can result in the termination of parental rights and adoption. Surrendering rights voluntarily is different. Abandonment can include leaving a child in unsafe situations, and custody may go to the remaining parent or child welfare agency. Foster parents and family members can seek legal advice.
Parental abandonment is a deliberate decision to stop performing parental duties such as providing a child with food and shelter. This may include clearly leaving a child in a vulnerable position with no intention of going back, or leaving the children in the care of another person and not contacting the person or following up, demonstrating a lack of interest in providing childcare . When parental abandonment occurs, a court may decide to end parental rights so that the children can be adopted.
Surrender is different from surrender. Individuals may choose to voluntarily waive parental rights by signing papers to waive parental rights or by taking a child to a designated safe haven. Safe haven laws have been passed in several regions to allow parents to hand over babies within days of birth if they feel they cannot care for them. Temporary relief and foster care are also available for parents of older children who find themselves unable to care for them. In all these cases, people formally waive parental rights and take steps to provide for the child’s welfare by leaving the child with the carers.
In parental abandonment, a parent or guardian leaves a child without proper care. The law in most places requires parents to provide children with shelter, food and clothing. Failure to meet a child’s basic needs can constitute abandonment. This could include something like leaving a child in a hot car or other unsafe situations that could endanger the child’s health or well-being. It could also include a situation such as leaving a marriage or partnership involving children, and not following up on the welfare of the children after leaving them under the supervision of the other partner. There is usually a waiting period, such as a year, before the childcare partner can take the case to court to terminate the parental rights of the departing partner.
The legal handling of abandonment varies by jurisdiction. If one parent has abandoned the child, custody usually rests with the remaining parent. When both parents appear to have abandoned a child, the child is usually taken into the care of a child welfare agency. It may be possible to place the child with family members or foster parents. Once the child has been placed, an investigation can be conducted to learn more about the circumstances of the abandonment. The court may have reasons to immediately end parental authority and make the child available for adoption or there may be a waiting period. If the parent returns and demonstrates the ability to care for the child during this waiting period, the parental rights will be maintained.
Foster parents and family members caring for abandoned children can consult an attorney for more information on parental abandonment laws in their region. Social workers also usually have information about parental abandonment and adoption.
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