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 West Virginia, a parent may voluntarily relinquish parental rights through a legal process that requires court approval. This process involves the parent asking the court to terminate the parent-child relationship, which, if granted, ends the parent's rights to custody or visitation and the obligation to support the child moving forward. However, West Virginia courts typically condition the termination of parental rights on the availability of another individual, such as a stepparent, who is ready and willing to adopt the child. The court must also find that the adoption is in the child's best interests before allowing the termination of parental rights. It is important to note that even if a parent successfully relinquishes parental rights and the child is subsequently adopted, any past due child support owed by the parent prior to the termination is not erased and remains the responsibility of the parent.