Can you hand over full custody without going to court?
Asked on Oct 25th, 2014 on Child Custody - Washington
More details to this question:
My husband and I were basically surrogates for his brother and sister in law. They have had baby since the day she left the hospital 3 years ago. We want to hand over full rights and or give up our parental rights for this child so nothing ever comes up legally for them or us. We do have other children that are with us and don’t want this to effect that in any way. Do we have to go to court or is there a way we can just sign it over?
Your question was unclear. If you were surrogates, do you mean the intention was for your brother and sister in law to have the child. If so and there was no legal surrogacy agreement, which there should have been, they can adopt the child which will make it legally theirs and it will free you of any further responsibility. You can't just sign over children. They need to get a lawyer if they want this child and do a proper adoption.
A biological parent or legal custodian may not terminate their own parental rights the only way this can happen is trough an adoption proceeding and that must be done through the courts.
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