A parent’s voluntary relinquishment of parental rights is the legal process in which the parent of a minor child asks the court to terminate the parent-child relationship. Termination of the parent-child relationship terminates the parent’s right to visitation or custody of the child, and terminates the parent’s obligation to support the child. But most courts will not allow a parent terminate parental rights and obligations such as child support unless there is a qualified person who is willing to adopt the child, and the court determines the adoption is in the best interest of the child. And even if a parent is able to voluntarily relinquish parental rights—and if the court approves the termination of parental rights and the child is adopted—the parent’s past due child support obligations will generally not be extinguished.

In New York, a parent may voluntarily relinquish parental rights, but this process requires court approval and is generally only considered when there is someone else ready to assume those rights, such as in the case of an adoption. The court's primary consideration in these matters is the best interest of the child. If the court finds that terminating the parent-child relationship and proceeding with an adoption serves the child's best interests, it may approve the relinquishment. However, it's important to note that even if a parent is permitted to relinquish their rights and the child is subsequently adopted, any past due child support owed by the parent is not automatically waived. The parent remains liable for any child support arrears that have accrued up to the point of the termination of parental rights.