Legal Question in Family Law in New York

Giving up Parental Rights

My significant other has left me because I got pregnant, and I refuse to get an abortion. He has agreed to sign off on all parental rights, and wants nothing to do with the child. How soon (I'm only 8 wks along in the pregnancy) can we get this paperwork taken care of?


Asked on 10/30/06, 6:06 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Giving up Parental Rights

Unmarried parties usually do not have legal obligations to support each other, notwithstanding the anticipated birth of the parties' child.

But, a parent CANNOT "sign or give away" his/her parental rights or child support obligations.

Thus, absent a Court Ordered adoption of your child, by another, after birth, your Ex's parental rights and support obligations will continue until your child's majority or emanicipation.

Nevertheless, you may decide not to sue your Ex for child support; and you may agree, to fair and resonable child support in advance of your child's birth, that is less than the statutory amount. You may also decide to that your agreement or promise, not to "burden" your EX with child suppport, for a child he does not want, is an agreement you want to honor.

However, you should Plan to avoid exposing your child to the extreme confusion and pain a child is often subject to, when parents do not agree on the basics and are inconsistent with respect to how they arrange their life.

Good luck,

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Answered on 10/31/06, 4:59 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Giving up Parental Rights

You can have him sign papers today. Of course he cannot "sign away" the rights of his child, only his rights with respect to you. Also, it is possible that once the child is born, he can change his mind and decide that he wants to be a part of his child's life. Regardless, he cannot sign away his child support obligations.

Should you like to discuss this or any other legal matter you can e-mail me for more information about low cost face-to-face, on-line or a telephone consultation with a lawyer in our office.

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Answered on 10/31/06, 7:17 am


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