Legal Question in Family Law in Maryland

''Rights a 18 yr. old has on his unborn child which is being carried by a 17 yr.

My brother is 18 years old and he has been going out with his girlfriend for almost 2 years. Just recently they found out the girl is pregnant. Unfortunately his girlfriends mom is very upset which is understanding but now refuses to allow my brother to see or talk to his girl. Due to the fact that my brother is of legal age the mom has threatened him to put him in jail. I would think my brother would have some rights because he is the father and he is willing to be there for his child 100%. He not even once thought of leaving his girl after she got pregnant. What legal rights does my brother have on this unborn child. Also the mom has said she want the baby aborted, can she force her daughter to have an abortion without the consent of the father? Please Help.


Asked on 2/20/05, 2:23 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: ''Rights a 18 yr. old has on his unborn child which is being carried by a 17

If the child is carried to term, your brother has the same parental right as any other father; he could bring a court action to establish his paternity and ask for visitation or even custody, although it's highly unlikely that would be successful. Once paternity is established, he would have the duty to support the child.

As far as abortion is concerned, the mother cannot force her daughter to have one, but your brother can't stop it either. It's really the decision of the girlfriend. Incidentally, the mother can't have your brother "thrown in jail"; he's committed no crime just because he got his girlfriend pregnant.

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Answered on 2/22/05, 4:57 pm
Carolyn Press Chung & Press. P.C.

Re: ''Rights a 18 yr. old has on his unborn child which is being carried by a 17

The girl friend's mother can't have your brother put in jail. He has committed no crime. If the girlfriend were under 16 and four years younger than your brother, he could be charged with a crime. Rearding your brother's rights to the child, he will have the same rights as the mother, once the child is born, until a court has awarded custody to one or the other parent (but that will be almost certainly the mother). Your brother will need to file an action to establish paternity and ask the court for visitation Or custody, which he will have very little chance of getting).The girlfriend can have an abortion if she chooses, but her mother can't force her to have it. It is entirely her choice.

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Answered on 2/24/05, 10:02 am


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