Can parental rights be terminated without an adoption request?

Experienced bay area attorneys will tell their clients that yes, parental rights under Family Code Section 7822 can be terminated outside of an adoption proceeding.

Family Code section 7800 states, “the purpose of this part is to  serve the welfare and best interests of a child by providing the stability and security of an adoptive home when those conditions are otherwise missing from the child’s life.”

In In re Marcel N. (1991) 235 Cal.App.3d 1007, the court held that one’s parental rights may be terminated even when there is no pending adoption.  The Court found that precluding a single mother who is capable of raising her child from terminating the parental rights of the child's natural father should not be of less importance than allowing a remarried mother – whose new husband wishes to adopt her child to terminate the parental rights of the biological father.

Similarly, in In In re Marriage of E. and Stephen P. (2013) 213 Cal.App.4th 983 the Court found that terminating the father's parental rights was in the child's best interest, regardless of whether there was somebody waiting to adopt the child. 

If you are considering terminating parental rights or you are faced with a termination petition, we strongly recommend that you reach out to an attorney to seek counsel.  You can contact me with questions at amanda@gordonfamilylaw.com