Tuesday, 14 April 2020
Voluntary Relinquishment of Parental Rights
Is it possible to remove a father's name from a birth certificate due to him not wanting to be involved?
It is not legally possible for either parent to voluntarily relinquish their parental rights & responsibilities towards a child (with the exception of adoption).
According to section 4 of the Family Law (Guardianship of Minors, Domicile and Maintenance) 1981, as amended:
4. (1) In relation to the custody or upbringing of a minor, and in relation to the administration of any property belonging to or held in trust for a minor or the application of income of any such property, a mother shall have the same rights and authority as the law allows to a father, and the rights and authority of mother and father shall be equal and be exercisable by either without the other.
(2) An agreement for a man or woman to give up in whole or in part, in relation to any child of his or hers, the rights and authority referred to in subsection (1) shall be unenforceable.