Also known as: parental authorities · parental rights · parental responsibility
Written by attorneys · grounded in primary & secondary sources — see below
The legal power of a parent to direct the upbringing, education, and care of a minor child. This power includes the authority to consent to adoption and to participate in custody determinations. It also encompasses the right to receive notice before any proceeding that may affect parental status.
Select any source to read its text and confirm it supports the definition.
Patricia Patel and her former partner had a child together before separating. When Patricia later sought to place the child for adoption with a new family, the court required her former partner to provide written consent. Because the partner could not be located after reasonable efforts, the court proceeded with the adoption after notice and a hearing.
Peter Park filed a petition in State A seeking custody of his child who resided with the mother in State B. Before the court could issue any custody order, it required that the mother receive formal notice and an opportunity to appear. The proceeding could not move forward until she had been served under the applicable state standards.
Pablo Perez donated sperm to a recipient couple under a written agreement that expressly preserved his parental rights. When the child was born, the court recognized Pablo as a legal parent because the agreement satisfied the statutory writing requirement. Without that agreement, Pablo would have held no parental authority.
Piper Patel and her former spouse submitted their disagreement over physical custody and visitation to private arbitration. The arbitrator resolved the child-related dispute, including issues of parental responsibility and parenting time, under the parties' arbitration agreement. The resulting award addressed both custody and support obligations.
Parker Phillips failed to register with the state paternity registry before the birth of his genetic child. When the mother later petitioned to terminate his parental rights and place the child for adoption, the court proceeded without notifying him because he had not registered in a timely manner.
Pilar Pena gave birth to a child while unmarried. The biological father visited the child regularly, admitted paternity in writing, and contributed to support payments. Because he demonstrated these manifestations of parental responsibility, the court recognized his right to object to a proposed adoption.
Consent is unnecessary when parental rights have already been terminated, the parent cannot be located after reasonable efforts, or the father never attempted to establish a legal or personal relationship with the child. Courts also may waive consent when it is unreasonably withheld and waiver serves the child's best interest.
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Notice and an opportunity to be heard must be given to any parent whose parental rights have not been terminated and to any person having physical custody of the child. The notice must meet the standards applicable to residents of the state.
…the rights of parents to the custody and companionship of their own children, Stanley v. Illinois, supra , or with traditional parental authority in matters of child rearing and education. Yoder , Ginsberg , Pierce , Meyer, supra . But unless we close our eyes to the basic reasons why certain rights associated with the family…
…proceedings, in denaturalization proceedings, in civil commitment proceedings, and in proceedings for the termination of parental rights
…True, a woman who enters into a surrogacy arrangement intending to raise the child has by her intent manifested an assumption of parental responsibility in addition to her biological contribution of providing the genetic material. (See Adoption of Kelsey S., supra, 1 Cal.4th at pp. 838, 849.) But the gestational mother's biological…
…which involved a challenge by Amish parents to the enforcement against them of a compulsory school attendance law, mentioned the parental rights
…1992, and superseded by Louisiana Children's Code, Title X, Art. 1001 et seq. (1991), permanently terminating all of Richards' parental rights because of the alleged abuse and permanently enjoining him from any contact with the children. Neither the District Court nor the Court of Appeals found it necessary to pass on the accuracy…
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A sperm donor obtains parental rights only through a written agreement with the recipient that expressly preserves donor paternity. Without such an agreement, the donor is not a legal parent under the applicable statute.
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Arbitration may address child-related disputes concerning legal custody, physical custody, parental responsibility or authority, parenting time, and financial support. The arbitrator may not, however, grant guardianship or terminate parental rights.
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A man who wishes to be notified of an adoption or termination proceeding must register with the state paternity registry before the birth or within the statutory period after the birth. Registration is unnecessary if a parent-child relationship has already been established or if he commences a parentage proceeding before termination.
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An unmarried father gains the right to object when he demonstrates actual manifestations of parental responsibility, such as living with and caring for the child, visiting regularly, admitting paternity, paying support, and showing willingness to assume custody.
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