Legal Question in Family Law in California

I want to sign my parental rights away for a child I thought was aborted and didn't want. The mom is trying to get child support now. I have never met the kid nor do I ever intend to.

Asked 11/04/15, 12:13 pm inUnited StatesCaliforniaFamily Law, Divorce, Child Custody and Adoption

1 Answers from Attorneys

Timothy McCormick

Libris Solutions - Dispute Resolution Services

San Francisco, CA

You can't. The law does not allow you to abandon a child you fathered except in the event of a step-parent adoption.

11/04/15, 12:46 pmMark as helpful

I have NEVER fathered that kid. I don't even know him or what his age is. I don't care about him. I don't accept him as mine. His mom said she was aborting and I went to prison at that time and got a letter from her saying she didn't abort it. I didn't want it and was assured she had taken care of it since she KNEW I wasn't going to be apart of her life or the kids life. She wasn't even my girlfriend or anything.


Asked on 11/04/15, 4:02 pm

3 Answers from Attorneys
Gary R. White Burton & White

Mr. McCormick's answer still applies and is accurate. You are the biological father and are obligated to support the child whether you want to be a parent or not.

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Answered on 11/04/15, 4:22 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

A hard lesson learned is that if you facilitate the introduction of a child into this world, you remain financially responsible for the child.

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Answered on 11/06/15, 12:02 pm

You misunderstood the meaning of the word "fathered." Although it is used to mean doing the things that father does with a child a the male parent, which I understand you have not done, the actual meaning is being a man who has sex with a woman and it produces a child. If you contest that you are biologically the father, you should talk to a lawyer about challenging paternity, but if you created the child that means you "fathered" it, and you cannot give up your legal rights as a father or escape legal responsibility for the child, unless she marries someone who wants to adopt the child.

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Answered on 11/09/15, 8:16 am


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