Signing Over Rights?

blairmcclure · July 2011

My baby's sperm donor wants to sign over all rights once he is born, and I'm completely on board as I've come to believe he would be a horrible influence on his life and I don't want him to be able to come walking back into the picture years down the road. Has anyone else done this? If so, do you think it was worth it?

www.ChroniclesOfABabyMama.blogspot.com

sweetie0228 · July 2011

This is a myth. He cannot "sign away" rights and responsibilities of a child. He can not exercise his rights of parenting time/visitation and he can have no relationship what so ever but he can not walk away legally not paying child support to the child he created.

KatieGraceB · July 2011

It's my understanding (and Achase will probably have a better answer than me) that the only way to "sign away rights" is if you were to marry someone else, and that person adopted your LO. You can choose not to come after him for child support, and he can choose not to come after you for visitation, but I don't think there's anything he can just sign to say he's not going to be involved.

Someone else will probably have to verify this for me, but in most states there are abandonment laws, where if he doesn't see LO for x amount of time then he waives certain rights (Am I right ladies?).

Honestly if he has no desire to be involved, and you don't care about getting CS or anything, I probably wouldn't worry a whole lot about it.

DaringMiss · July 2011

If every guy could sign away his rights, the courthouse would have a line around the block.

As pp suggested, he doesn't have to visit the child, but he will have to pay child support.

drgrimsrud · July 2011

sorry, this is my first post in here.. but I can be some help in this matter, as I've gone through the situation before, so I hope you guys don't mind... and if you do, well your welcome to ignore my post

Ok, as far as signing away paternal rights, he can do this, but it does not release him from his financial rights, unless you as the other parent agree to those terms. He can only give up his physical rights, unless there is a case of adoption, the courts will not fully terminate both the physical and financial rights. Again unless you are willing to give up receiving child support.

Be aware that his name does not have to be put on the birth cert. if he doesn't want it to, and at that point he doesn't have to be held responsible for either, but it is still best to get it in writing from him, so that he doesn't come back later saying he wants to be a dad now... another thing to consider too, is if you are on any kind of state aide, you can be kicked off if you do not agree to getting child support from the father ( I don't know if getting the court order changes this or not)

Ok, so that is the experiences I have had. Hope it helps

blairmcclure · July 2011

Thanks for the replies. I've looked into this further and in my state (Utah) he CAN petition the court to sign over his rights but they don't have to grant his request. He has to prove that he's not doing it avoid financial responsibility and that it's in the best interest of the child. I think it will help that I'm on board with him signing over his rights and don't want/expect anything from him emotionally or financially. Either way, we have to wait until baby gets here to petition the court. Hopefully all will turn out ok!

https://chroniclesofababymama.blogspot.com/