Legal Question in Family Law in New York
Under age pregnancy, please help!
My now 18 yr old brother just found out his girlfriend (19) is pregnant. Now, all obvious things aside after all the ''talks'' I had with him, something does not sit right with me that his girlfriend did not tell him about the pregnancy until now; 4 months pregnant. My question is, being that 4 months ago my brother was 17 and the girl 18, are there any legal grounds out of this situation as my brother is not ready to be a father. It is now too late for an abortion, and the girl has made it abundantly clear she is having this child. I know some of you will say the obvious comments, but without going into great detail I feel this girl took advantage of the fact my brother is a little slow. Any and all help would be greatly appreciated. Thanks in advance!
3 Answers from Attorneys
Re: Under age pregnancy, please help!
I do not see anyway "out of it". Going to the authorities on a statutory rape theory will only make a bad situation worst. Make sure he gets a paternity test.
Re: Under age pregnancy, please help!
If this occurred in New York, there are no grounds for statutory rape as the age of consent is 17 in New York State. Assuming your brother is the father, (he can request a paternity test), he will be responsible to provide financial support for the child. If the mother wants to keep the child, regardless of the gestation of pregnancy, she cannot be forced to have an abortion, the choice to carry or abort is entirely up to her.
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Re: Under age pregnancy, please help!
Totally agree with the answers submitted by attys Loeb & Palazzo. However, would add that you continue to support your brother in maintaining his focus and whatever career plans he may have; notwithstanding, this "bump" in the road.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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