Legal Question in Family Law in California

I wanted to know if I were to get pregnant by anonymous donor can I sign over my parental rights to my girlfriend.


Asked on 5/18/11, 12:04 pm

3 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

I am a little confused by the lack of explanation. Let me see if I can fill in the gaps. I assume you are in a same sex relationship, and want to give your girlfriend parental rights? I don't recommend doing it the way you are suggesting. If you two break up, then you have no rights to the child, even though you gave birth to him/her.

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Answered on 5/18/11, 12:19 pm

You cannot "sign over parental rights." It just doesn't work that way. Your girlfriend could adopt your child. If you entered into a full legal domestic partnership before you have the child, your girlfriend could become a legal co-parent of the child. Those are your only options.

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Answered on 5/18/11, 3:58 pm

One other word of warning. I have known lesbian couples who have found a male donor and have gotten pregnant "the old fashioned way," thinking the guy would then disappear or at least would not assert any parental rights. Legally it does not work that way. He becomes the legal father, he cannot sign his rights or obligations away, and he can turn up at any time and assert his parental rights. Only when there is medical intervention can the man's parental rights be avoided.

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Answered on 5/18/11, 4:01 pm


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