Legal Question in Family Law in Oregon

Re: child support

My son's biological father has requested that his parental rights be terminated (he has chose never to have a relationship with my son)...my husband & I do not have a problem with doing this but want to make sure that it does not absolve him of the back child support he owes. Does terminating his parental rights automatically nullify back child support?

ANSWER: First, on the facts you describe, bio-father cannot relinquish his parental rights except in connection with the child's being adopted by some other man (such as a stepfather), with the adopting "new" parent then stepping into the shoes of the bio-parent.

If biological father gives consent to your husband adopting the child, it will NOT automatically absolve biological father of the back child support that is due and owing. HOWEVER, it is not unusual that as "part of the deal" in order to induce biological father to sign the adoption consent form, mother will offer to waive and give-up all claims for the unpaid back child support.

L.D. Gorin