Can a Parent Terminate Parental Rights by Agreement?
Updated: Jul 20
Under the laws of the State of Maryland, parents are unable to terminate parental rights by agreement unless there is someone in line to adopt the minor child.
There are several ways to terminate parental rights but all of them involve filing a petition with the County or City Circuit Court and includes an adoption component.
For example, if you are married, the biological parent is not in the minor child’s life, and your current spouse is interested in adopting your minor child, you can enter into an agreement with the other biological parent for an adoption but you would have to seek the assistance of the court to finalize the process to make it legally binding.
In the event that you and the biological parent do not want to terminate rights but the biological non-custodial parent is not interested in parenting the minor child, and you as the custodial parent would like to solidify your rights, you may want to think about petitioning the court for primary physical and sole legal custody.
Doing so allows you to establish your rights as the primary caregiver and decision-maker for the big things such as travel, education, or relocation. Which will put less stress on you and caring for your minor child. Most importantly, it puts less stress on your relationship with the non-custodial biological parent since you do not have to argue over major decisions if you do not agree.
If you have an agreement with the non-custodial biological parent of your minor child and you would like to discuss your options for securing your rights under the law, schedule a consultation with our office and let's talk.