"Child Relinquishment Conditions Each state has its own laws and procedures for voluntary relinquishment of parental rights. You will need to consult your own state's laws and court procedures, as the conditions in each state for giving up your children in divorce, adoption, family guardianship, paternity claims and foster care legal proceedings vary and involve different legal forms, state agencies and state courts. In some situations, you file a petition for termination of parental rights with a state court, in which you explain to the court why you wish to give up your children. Court approval is always necessary to legally relinquish your children. If you informally drop off your child with an ex-spouse, relative, friend or potential adoptive parents without getting formal court approval, you can be charged with child abandonment.