Judicial Procedures for Parental Rights Deprivation and Termination

Judicial Decisions on Parental Rights

The judge will address the severity, repetition, and routine arbitrary facts when considering cases related to parental rights.

Article 353. Judicial Declaration of Deprivation of Parental Rights

The deprivation of parental rights must be declared by the judge at the request of an interested party. It is considered an interested party to bring the corresponding action:

Interested Parties Who May Bring Action:

• The other parent for whom the parentage is lawfully established, even when not exercising parental authority.
• The Attorney General, acting ex officio or at the request of the child (if the child is over twelve years old).
• Parents and other relatives of the child within the fourth degree on any line.
• The person having custody.
• The Council for Protection.

In all cases, the judicial decision must be based on the evidence of one or more of the grounds set forth in the preceding article.

Article 354. Inapplicability of Deprivation for Economic Reasons

A lack of material resources is not, by itself, grounds for deprivation of parental rights. If this is the case, the child or adolescent must remain with their parents without prejudice to their inclusion in one or more of the programs referred to in Article 124 of this Act.

Article 355. Reinstatement of Parental Rights

The parent deprived of custody can ask to be reinstated after two years of the final decision that decreed the deprivation. The application must be notified to the Public Prosecutor and, where appropriate, to the person who filed the action of deprivation or the Council for Protection.

To evaluate the suitability of the restoration of parental rights, the judge should hear the views of:

• The child.
• The other parent that exercises parental rights.
• The person having custody of the child, as appropriate.

The application for restoration of parental rights must be based on evidence that the cause or causes that led to the deprivation have ceased.

Article 356. Termination of Parental Rights

Parental authority is extinguished in the following cases:

1. The child reaches majority (comes of age).
2. Emancipation of the child.
3. Death of the father, mother, or both.
4. Repetition in any of the grounds for deprivation of parental rights, under Article 352 of this Act.
5. Legal consent for the adoption of the child, except in the case of adoption of the child by the other spouse.

In the cases provided for in points c), d), and e), parental rights can be extinguished with respect to only one parent.