Parental Rights

Last Updated: March 2020
Question Answer

Does the state allow for termination or limitation of parental rights when a child is born from rape?


Does the state require a conviction for the sexual offense to terminate or limit the rapist’s parental rights?


May the state terminate or limit parental rights when there was a sexual assault that led to the birth of the child, but no conviction?


What parental rights can be terminated or limited?

Terminated:  “Parental Rights” of Custody; Visitation

Are there any exceptions to the termination or limitation of a rapist’s parental rights?


What other rights may be impacted by terminating a rapist’s parental rights?

Grandparent’s right to visitation

What is the procedure for termination or limitation of parental rights in these circumstances?

Victim must petition the court

What proof do you have to show to terminate or limit the rapist parent’s parental rights?

Victim must show by Clear and Convincing Evidence that an unlawful sexual act as defined under the law as sexual battery or statutory rape occurred that lead to conception of the child.

Are there any time limits for when a petition must be filed to terminate or limit the rapist parent’s rights?


Does the law apply to both adult victims and underage victims?


Does the law have any exceptions for married or co-habitating victims?


Can a court require the rapist parent to pay child support after parental rights have been terminated?


Statutory Citations

See, § 93-15-119. Grounds For Involuntary Termination Of Parental Rights; Standard Of Proof; Rebuttal Of Allegations Of Desertion; Inquiry As To Military Status

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