Legal Question in Family Law in Massachusetts

Re: Sperm donor

Generally, one person cannot "waive the rights" of another person unless they have legal authority to do so. More importantly, the parent cannot waive the right of the child to have access to both biological parents. If the father consents to some third party adopting his child, he would, in effect, be waiving his own rights and the court (if approved) would act in the best interests of the child.

Sperm donor

I agree with Raymond.

It is the interests of the child, and the legal connection to the father of the child that you are trying to put aside.

There must be something more to this question. So if there is, contact me for assistance.

Re: Sperm donor

An anonymous sperm donor through a licensed service waives his rights and obligations, per statute. Otherwise, there is no such waiving of rights or obligation. Waiving them is against the public policy of the Commonwealth, in fact, as each parent has a non-waivalble obligation to support the child and a right to know the child. THe obligation of support is created by law, not individuals, and it is the child's right (asserted by the custodial parent). The only exception, as noted by another writer, is if one parent voluntarily terminates the right to the child, which is done in the course of a voluntary adoption.

This case apparently would be a 209C paternity. No law mandates that a mother assert the paternity claim, unless she is receiving public assistance (including Mass. Health). Thus, while the mother cannot legally waive the right via contract, she can certainly leave the matter open by not asserting the right. The father then has 21 years to either realize that he should know his child, or to be concerned that the mother will have a change of heart and pursue support).

I am available for a consultation, and concentrate in domestic relations law. I would be happy to consult further, and to to give complete advice based on the facts and law.