Also known as: parental right · parental rights doctrine · parental authority
Written by attorneys · grounded in primary & secondary sources — see below
The bundle of legal rights a parent holds to direct a child's upbringing. These rights encompass decisions about the child's care, custody, education, discipline, and control of earnings and property. The rights receive constitutional protection and may be terminated only through formal legal proceedings that satisfy due process.
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Patricia Patel and her former partner had a child together. When Patricia sought to place the child for adoption, the agency required her consent and that of the biological father. Because the parents were unmarried, state law determined whether the father's consent was needed before the adoption could proceed.
Pamela Phillips held physical custody of her child after separation. When the other parent petitioned for a custody determination in a new state, the court first ensured that Pamela received notice and an opportunity to be heard because her parental rights had never been terminated.
Parker Phillips and his partner used assisted reproduction with a known donor. They executed a written agreement preserving the donor's parental rights. Without that agreement the donor would have held no legal parental status under the governing statute.
Pavel Petrov and his spouse submitted their divorce to arbitration. The arbitrator could divide property and set support but could not issue an award terminating either parent's rights, because the statute expressly withholds that power from arbitrators.
Perry Pratt registered with the state paternity registry after learning of his child's pending adoption. Because he had already commenced a parentage proceeding before any termination of his rights, the statute excused him from further registration requirements.
Phoebe Park's child was injured while Phoebe exercised ordinary parental supervision during a family outing. The child could not maintain a negligence suit against Phoebe because the doctrine of parental immunity barred claims arising from the exercise of parental authority within the family.
Consent is unnecessary if parental rights have already been terminated in neglect or abuse proceedings. In some states the consent of an unmarried father may also be unnecessary depending on the degree of his involvement with the child.
Notice and an opportunity to be heard must be given to any parent whose parental rights have not been previously terminated. The same notice is required for any person having physical custody of the child.
…present case does not present such a hybrid situation, but a free exercise claim unconnected with any communicative activity or parental right. Respondents urge us to hold, quite simply, that when otherwise prohibitable conduct is accompanied by religious convictions, not only the convictions but the conduct itself must be free…
…the rights of parents to the custody and companionship of their own children, Stanley v. Illinois, supra , or with traditional
…proceedings, in denaturalization proceedings, in civil commitment proceedings, and in proceedings for the termination of parental rights
…which involved a challenge by Amish parents to the enforcement against them of a compulsory school attendance law, mentioned the parental rights
…under the First Amendment, applied by the Fourteenth to the states. She buttresses this foundation, however, with a claim of parental right
A sperm donor is not a legal parent unless a written agreement with the recipient preserves donor paternity. The statutory mechanism satisfies constitutional requirements and therefore controls the donor's status.
No. The Uniform Family Law Arbitration Act expressly prohibits an arbitrator from making an award that terminates parental rights. Such a determination requires judicial process.
A man need not register if a parent-child relationship has already been established or if he commences a parentage proceeding before any termination of his rights. The statute creates these explicit exceptions.
An unemancipated minor may not sue a parent for ordinary negligence that arises from the exercise of parental authority, supervision, or discretion. The doctrine protects family harmony and parental autonomy.