Unwed couple, unplanned pregnancy... if both parties agree can the father give up his parental rights and?

Question

mother waive her right to child support?

They are both 40 years old, not kids and already both have kids from prior marriages... only dating a few months when unplanned pregnancy occured.

He does not want child, but she will not go through with abortion, she does not want to force fatherhood on him in any way - now or in future, but also does not want him coming in an out of child's life later if he opts out now... this seems like agreeable solution, but is it legal and how can it be done? They get along fine, no animosity.

Answer 1

yes

Answer 2

A mother or father can give up parental rights, need to have attorney to process paperwork. What I don't understand is: If you are getting along good why would you want a man who cannot accept his child. If he does not want to be father you cannot force it upon him. Speak with Attorney and have papers drawn up and have father sign. I suggest to you once this is done the day will come when child will ask questions about natural father. This is a very delicate issue. So be wise and seek professional help on this one and GOOD LUCK

Answer 3

My understanding of most state law is that in case of UNMARRIED parents, mom automatically is presumed to have custody. Dad has to go to court, to petition for custody or visitation.  If this is true in the state where they are, dad has nothing to be signing off on, to begin with. The only time it might change is if dad chose to file for rights.

More often.. courts don't terminate (or let dad relinquish) "rights", unless they are satisfied that the child is not left with only one parent. Usually that means someone who plans to adopt the child. Clearly, this is not what you plan at this time. It is not like a 18 yr old who is likely to be getting married at some time in the future. If mom is stable, not likely to be using state aid (food stamps, medicaid, etc), then the state isn't going to be asking for reimbursement.

I am not a lawyer.. just opinion as to what I have seen, research wise. It would certainly seem to be worth an hour or two of a lawyer's time to draw up any documents, and explain if they are legally valid or not.  Better safe than sorry.  

Answer 4

If they don't put the father's name on the Birth Certificate they can do this.

Answer 5

Fine, great, whatever, How do you know the child won't seek her father? If she/he does, how does Dad know what Mom will put the kid through to put them off?

Regardless of what Mom does, we all want Dad who is so smart or cute or good or loving.

Answer 6

He can't give up rights as a father until he's first legally declared the father.  What's the sense in doing anything if they both get along and agree that they're fine as is.  He doesn't see the baby and she doesn't ask for child support.  If it can be done today it can be done next year.  

Plus.....seems like they're both forgetting that while things seem simple now, in 13 years there's going to be a little kid approaching teenage years, missing a dad and wondering why his/her mom was so quick to give up his/her rights to have a father and why the father was so quick to agree.

EDIT:  Also, courts rarely agree to termination of parental rights except in extreme cases or if the child is put up for adoption......father has legal obligation to support child.  Although mom may be able to "right now", the court considers that at some future point, things can change, mom may need state aid, and so mom can't give up the rights of the state to ask dad to step in.......mom is really also asking taxpayers to possibly give up their rights.

Answer 7

It's perfectly legal to relinquish your parental rights. Sperm donors and g*y men who help their L*****n friends get pregnant do it all the time. Teenagers who can't afford to take care of their kids but don't want abortions often put their children up for adoption as well. Just get it in writing and have an attorney look over it before you sign.

Contary to what Valerie wrote, fatherhood must not always be legally declared. In a state like California (where I live), a man is automatically assumed the legal status of father if he is biologically responsible for the child. Paternity tests have standing in court. And anyone can freely relinquish their parental rights in this state. That is why having it in paper is so important.

More info:

http://www.adopting.org/adoptions/relinq...

Answer 8

sounds like a dead beat 2 me, how can u just turn your back on your child....child would be best not 2 have a father  

Answer 9

Intuitively, I would guess that such a thing is possible, though I can't say for certain.

If it is possible, however, this is the sort of thing in which you really want to get a lawyer involved.  Probably only needs to be one lawyer if both people want the same thing, but the lawyer will help make sure that any statutory requirements are met, and also ensure that the final contract is binding.  Neither party should want to risk the possibility of the contract being null for some reason.