Law
Fact-checked

At WiseGEEK, we're committed to delivering accurate, trustworthy information. Our expert-authored content is rigorously fact-checked and sourced from credible authorities. Discover how we uphold the highest standards in providing you with reliable knowledge.

Learn more...

What is Parental Abandonment?

Mary McMahon
Mary McMahon
Mary McMahon
Mary McMahon

Parental abandonment is a deliberate decision to stop performing parental duties like providing a child with food and shelter. This can include clearly leaving a child in a vulnerable position without the intention of coming back, or leaving children in the custody of another person and failing to contact the person or follow up, demonstrating a lack of interest in providing the children with care. When parental abandonment occurs, a court can move to terminate parental rights so the children can be adopted.

Abandonment differs from surrender. People can choose to voluntarily surrender parental rights by signing paperwork to give up parental rights or by bringing a child to a designated safe haven. Safe haven laws have been passed in a number of regions to allow parents to surrender babies within days of birth if they feel they cannot care for them. Respite and foster care are also available for parents of older children who find themselves unable to care for them. In all these cases, people give up parental rights formally and take steps to provide for the child's welfare by leaving the child with caregivers.

Parental abandonment involves leaving a child without adequate care.
Parental abandonment involves leaving a child without adequate care.

In parental abandonment, a parent or guardian leaves a child without adequate care. The law in most places requires parents to provide children with housing, food, and clothing. Failing to meet the basic needs of a child can constitute abandonment. This could include something like leaving a child in a hot car or other unsafe situation that could endanger the child's health or well being. It could also include a situation like leaving a marriage or partnership where children are involved, and not following up on the welfare of the children after leaving them under the supervision of the other partner. There is usually a waiting period, such as one year, before the partner providing childcare can bring the case to court to terminate the parental rights of the partner who left.

Parental abandonment can be an emotionally traumatic event for children.
Parental abandonment can be an emotionally traumatic event for children.

Legal handling of abandonment varies by jurisdiction. If one parents has abandoned the child, custody generally will fall to the remaining parent. When both parents appear to have abandoned a child, the child will usually be taken into care by a child welfare agency. It may be possible to place the child with family members or foster parents. Once the child is placed, an investigation can be conducted to learn more about the circumstances of the abandonment. The court may have grounds for immediately terminating parental rights and making the child available for adoption or there may be a waiting period. If the parent returns and demonstrates an ability to care for the child during this waiting period, parental rights will be retained.

Foster parents and family members caring for abandoned children can consult an attorney to get more information about parental abandonment laws in their region. Social workers also usually have information on parental abandonment and adoption.

Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Learn more...
Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Learn more...

Discuss this Article

Post your comments
Login:
Forgot password?
Register:
    • Parental abandonment involves leaving a child without adequate care.
      By: Dominique VERNIER
      Parental abandonment involves leaving a child without adequate care.
    • Parental abandonment can be an emotionally traumatic event for children.
      By: TuTheLens
      Parental abandonment can be an emotionally traumatic event for children.
    • Acting out is a common behavior for children crave attention.
      By: Vesna Cvorovic
      Acting out is a common behavior for children crave attention.
    • Parental abandonment can make children more clingy.
      By: Lee Prince
      Parental abandonment can make children more clingy.
    • The legal means for addressing parental abandonment differ from jurisdiction to jurisdiction.
      By: Pix by Marti
      The legal means for addressing parental abandonment differ from jurisdiction to jurisdiction.
    • Not giving children adequate food and shelters is a form of parental abandonment.
      By: JorgeAlejandro
      Not giving children adequate food and shelters is a form of parental abandonment.
    • Parental abandonment can cause a child to become homeless.
      By: Roman Bodnarchuk
      Parental abandonment can cause a child to become homeless.