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differances between transfer & termination of rights

It is a long story but I need to know the differences between transfer & termination of parental rights.

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Asked by Anonymous at 5:36 PM on Jan. 16, 2009 in Adoption

Answers (8)
  • I googled "transfer of parental rights" and (this is not a legal opinion so check it out yourself) but it looks like when there is a termination of parental rights, in order for someone to be responsible for the child/children that there is simultaneously a party to transfer the rights to.
    Party A/B is terminated and parental rights are transferred to....

    CPS, The state of, The adoptive parents, etc. depending of the situation.

    Good question.....

    Answer by doodlebopfan at 5:51 PM on Jan. 16, 2009

  • In the adoption of our grandchildren one parents rights were 'transferred' to us meaning they were voluntarily given. The others were 'terminated' which meant forcefully stripped by the courts. That is here in Texas.

    Answer by GrnEyedGrandma at 5:54 PM on Jan. 16, 2009

  • Another article shows "Transfer or termination of parental rights severs a legal relationship between adults and children,..."

    "severs a legal relationship" sounds permanent to me. But as a potential AP, let us know if this is different, and if you can, what state you are in. (I'm in Texas)

    Answer by doodlebopfan at 5:56 PM on Jan. 16, 2009

  • Grneyedgrandma-Thanks, that makes sense.

    Answer by doodlebopfan at 6:25 PM on Jan. 16, 2009

  • Thank you!

    Answer by Anonymous at 6:53 PM on Jan. 16, 2009

  • My experience with transfer vs termination is from that of a birth mom. When I signed the agency paperwork, I transfered my rights to them as an agency. They then had the legal authority to represent my wishes at court for terminating my parental rights.

    Many birthmoms assume that the paperwork the agency has them sign is terminating their parental rights but that is not accurate. It is transfering legal responsibility for the child to the agency who in my case attended the court hearing and presented the paperwork I signed agreeing for my rights to them be terminated.

    Answer by PortAngeles1969 at 6:11 PM on Jan. 17, 2009

  • This also applies in foster care situations when the courts "transfer" the legal responsibility for a child to the agency while parents are given a chance to rectify the issues. The foster care system then has the authority to arrange for educational, medical, placement and other issues instead of the parents. Legal "termination" of parental rights occurs later in some of these cases - freeing a child to legally be adopted by others.

    Answer by PortAngeles1969 at 6:13 PM on Jan. 17, 2009

  • Termination is still the correct reference when parents voluntarily give their rights to others. There is voluntary termination and involuntary termination of parental rights.

    Transfer is also used when courts or parents give temporary guardianship to another party to allow them to care for the needs of a child without terminating parental rights - as in some forms of kinship care.

    Answer by PortAngeles1969 at 6:16 PM on Jan. 17, 2009

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