Termination 1

Last Updated: 13-Jul-13 04:37 PM Printable PDF

State 2 Does the state allow for termination of rapists' parental rights 3 Can all, some, or none of these parental rights be terminated? Are there exceptions to the laws which allow for termination of rapists' parental rights? Does the rapist have to be convicted before his parental rights are terminated, or if not is there a separate burden of proof required? 4 Does the state require that rapists pay child support even after parental rights have been terminated? Does the state allow for restrictions on rapists' adoptive rights? Alabama No None N/A N/A No No Alaska Yes All Yes None Stipulated No Yes Arizona No None N/A N/A No No Arkansas Yes Some N/A Conviction Yes No California Yes Some Yes Conviction No No Colorado Yes All No Conviction Yes Yes Connecticut Yes Some Yes Conviction No Yes Delaware Yes Some No Conviction No No District of Columbia No None N/A N/A No No Florida Yes All No Clear and Convincing Evidence No Yes Georgia No None N/A N/A No No Hawaii No None N/A N/A No No Idaho Yes All No None Stipulated No Yes Illinois Yes All No Clear and Convincing Evidence Yes Yes Indiana Yes Some Yes N/A No Yes Iowa Yes Some No Conviction No No Kansas Yes All Yes Conviction No Yes Kentucky No None N/A N/A No No Louisiana Yes All No None Stipulated No No Maine Yes All No Conviction No No Maryland No None N/A N/A No No Massachusetts No None N/A N/A No No Michigan Yes Some Yes Conviction No No Minnesota No None N/A N/A No Yes Mississippi No None N/A N/A No No Missouri Yes All No Conviction No Yes Montana Yes All No Conviction No Yes Nebraska 5 Yes All Yes Conviction No Yes Nevada Yes Some Yes Conviction No No New Hampshire Yes (Law Effective January 1, 2015) All No Conviction; or a finding beyond a reasonable doubt at a fact-finding hearing that the perpetrator committed an act of non-consensual sexual penetration of the mother, which resulted in the birth of the child. No No New Jersey Yes Some Yes Conviction No No New Mexico No None N/A N/A No Yes New York No None N/A N/A No Yes North Carolina Yes All Yes Conviction No No North Dakota No None N/A N/A No No Ohio No None N/A N/A No Yes Oklahoma Yes All No None Stipulated No No Oregon Yes All No Conviction Yes No Pennsylvania Yes All No None Stipulated No No Rhode Island No None N/A N/A No No South Carolina Yes All Yes Conviction No Yes South Dakota Yes Some No None Stipulated No Yes Tennessee Yes All Yes Conviction No No Texas Yes All No Conviction No No Utah Yes Some Yes Conviction No Yes Vermont Yes All No Clear and Convincing Evidence Yes, if the Survivor Elects to Seek Child Support Yes Virginia No None N/A N/A No Yes Washington Yes All Yes Conviction No Yes West Virginia No None N/A N/A Partially requires. Incarceration for rape in which a child was conceived is not an excuse for failing to support the child. See W. Va. Code Ann § 48-22-306. No Wisconsin Yes All No Conviction or evidence produced during a fact finding hearing, the procedure and manner for which is described under Wis. Stat. § 48.424. No No Wyoming No None N/A N/A No Yes

1. Instead of the word "termination" some states may use language which "restricts," "prohibits," "shall not grant" and/or "denies," among many other words, a rapist's parental rights. For the purposes of this database, the word "termination" and any variations thereof should be interpreted to mean any instance in which a state law denies or does not grant, in any form and for any period of time, the parental rights of a rapist because of the rapist's crime.

2. The information presented in this summary and on our website regarding the termination of rapists' parental rights is intended only as a general overview of each state's laws on the topic. There are additional aspects to each state's laws on this subject which are not included here--including who may petition for termination, when this petition may be filed, whether laws addressing this issue apply retroactively, and whether the termination is permanent or temporary, among others. Additionally, there may be alternate interpretations of the state laws presented here. For further information, please see RAINN's legal disclaimer on our state law databases.

3. States use varying definitions and terminology regarding the exact meaning of the phrase "parental rights." Unless otherwise mentioned in this summary or elsewhere on our website, for the purposes of our general overview on this topic "parental rights" refers to a parent's custody, visitation, inheritance and access rights, as well as a parent's legal right to dictate how a child is raised, including but not limited to the type of education the child receives and his or her religious upbringing.

4. Not applicable, or N/A, is a designation used for states with no laws on this topic. In contrast, "Clear and Convincing" and "Conviction" represent the evidentiary burdens of proof a survivor must meet before her rapist's parental rights are terminated. Finally, "None Stipulated" means that state's law does not expressly state which evidentiary burden of proof is required. In these states, pursuant to *Santosky v Kramer 45 USC 745*, the default burden should be clear and convincing evidence.

5. This state's law is not a rape-conception law designed specifically to prevent rapist fathers from asserting parental rights over children conceived from their crimes. Instead, the law in question provides for the termination of certain parental rights of any parent convicted of sexual assault against the other parent. Because of the significant overlap between this state's law and those written specifically as rape-conception laws, this state's law merits inclusion.