Legal Question in Family Law in Pennsylvania
Child Support
A woman asks a man to whom she is not married to father a child with her through natural insemination. Before the child is conceived, the man and woman enter into a written agreement in which the man surrenders his parental rights in exchange for not having to provide any child support. Wold such an agreement by legal and binding?
2 Answers from Attorneys
Re: Child Support
This is an area of law in Pennsylvania that is not extremely clear. Your lack of anonymity in this matter combined with the fact that you had a relationship with the mother makes me believe that you would not be viewed as a mere sperm donor. As the father, you are not legally permitted to contract away your obligation to pay child support. Any agreement to do so would therefore be unenforcable. There is no Pennsylvania provision for termination of parental rights absent adoption, or dependency proceedings, and the law does not allow a parent to do so at will to avoid child support.
Ilene Young, Esquire/ Civil & Family Practice 215-444-0445
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Re: Child Support
Probably this agreement would not be enforcable. The right to child support is the child's and not the mothers. There is a provision for a donor of seman used for artifical insemantion is not liable for child support and does not have any parental rights.