Legal Question in Family Law in Pennsylvania
Surrending Parental Rights
A married woman has become pregnant by a man other than her husband. The woman's husband would like to become the legal father of her child. In order to get the biological father to allow the woman's husband to become to legal father, the three adults would like to sign an agreement in which the biological father surrenders parental rights in exchange for being allowed visitation with his biological child. Would such an agreement be legal and binding?
3 Answers from Attorneys
Re: Surrending Parental Rights
The answer to your question depends upon the state in which you live and the circumstances of your case. You should retain an attorney to represent you in this matter.
Re: Surrending Parental Rights
A paper that all three parties execute would not honored by the Court. You need to terminate ( through a court proceeding) the parental rights of the biological father first, then the step-father then can proceed through an adoption process in the court system.
Re: Surrending Parental Rights
Why bother?
Unless your husband is sterile he is presumed to be the child's father under the family code.
I would be very slow to sign any documents which, in and of themselves, may give the biological father standing.
It is highly unlikely that the biological father can assert any rights and I would strongly advise against taking any genetic testing. If the bio father files a court action, any competent family law attorney can assist you.
Regards, Damian Nolan
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