Termination of Parental Rights

Termination of Parental Rights in North Carolina

There are situations in which a parent has abandoned, abused, neglected, or failed to support a child; or has voluntarily severed their relationship with the child. In those cases, the other parent, a prospective adoptive parent, or an agency with custody of a child may file a petition to terminate that parent’s parental rights.

Termination of parental rights often arises when a parent’s new spouse wishes to adopt the child or when adoptive parents seek to proceed without the consent of a biological parent. However, these actions are not limited to adoption cases. A petition may also be filed when a parent has failed to maintain a relationship with or provide support for the child.

In North Carolina, the court must find both that legal grounds for termination exist and that termination is in the child’s best interest. These grounds are outlined in N.C.G.S. 7B-1111. A parent cannot file to terminate their own rights and cannot simply “sign away” those rights, except by consenting to or relinquishing a child for adoption.