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a hypothetical situation

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Comments

  • Lunar_Eclipse
    Lunar_Eclipse Posts: 3,060 Forumite
    edited 25 April 2012 at 11:46AM
    elvis86 wrote: »
    Do we really have to apply caveats to every statement we make?!

    Not if you don't make sensationalist sexist comments that aren't true. :D

    For what it's worth, I understand your point, but not all women or men are gender biased in the way you implied, and it's insulting for people to make that assumption (or say it without thinking.)
  • elvis86
    elvis86 Posts: 1,399 Forumite
    However, if the mother formally declares her intention to give the child up for adoption then he may well have to forfeit any rights to child support, albeit as part of an arrangement where she would have absolutely no rights to access or influence over the child.

    If a child is adopted, the birth parents do not have to provide child support - this would be a very grey area in law, if the judge awarded child support against a woman who had legally abandoned all parental rights to her biological child to the father.

    That's a really interesting point. I wonder what stops absent fathers doing the same thing?
  • rpc
    rpc Posts: 2,353 Forumite
    However, if the mother formally declares her intention to give the child up for adoption then he may well have to forfeit any rights to child support, albeit as part of an arrangement where she would have absolutely no rights to access or influence over the child.
    Why? If the woman has (and keeps) a child, there is no way for the man to get off the hook for child support even if he disagree with the decision. Why should a woman be allowed to escape that obligation when a man cannot? Gender equality and all that... To answer the OP: He almost certainly can and there will be a lot of court and heartache involved. As they are going to split up inevitably, the best thing is probably for him to raise the child as a single father.
  • alias*alibi
    alias*alibi Posts: 552 Forumite
    edited 25 April 2012 at 2:17PM
    Basically if unmarried the man needs to apply to the court for parental rights and/or his name goes on the birth certificate to get automatic PR. I doubt the woman would be allowed to adopt the baby out to strangers if there is a chance the baby is wanted by her birth father. Everything is done in the best interests of the child and not what the mother necessarily wants/thinks and if there is a chance to keep that child with birth parents then that's the favoured route the legal system will take.
  • bargainbetty
    bargainbetty Posts: 3,455 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Perhaps I phrased it badly... unless his name is on the birth certificate (something an unmarried father cannot force the mother to do without a parental order) he cannot prevent the adoption without a significant court fight.

    Frankly, she could do a flit to the other end of the country for six months, have and register the child and send it off without a backwards glance. If the man wants to stop it, he will need a court order.

    If the mother really wants no further contact with the child and has no intention of supporting it, he may be better off waiving any right to demand it of her in return for her consent to transfer rights to him. Avoidance of a long drawn out court battle etc. Bear in mind, the mother may decide to put the child in care and walk away. It will be him against the system rather than her. If she claims he is not the father, he may have to undergo DNA tests as well, which can be expensive and will be at his own cost before the court will even hear him.

    The main point stands - qualified legal advice is needed.
    Some days, it's just not worth chewing through the leather straps....
    LB moment - March 2006. DFD - 1 June 2012!!! DEBT FREE!



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  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If this thread is for the mother, wanting to know whether the father can object, I hope she gives the father a chance to bring up his own child.

    If it's for the father, he needs to start saving for a dna test and court costs. It would be worth contacting some of the fathers' support organisations for help.
  • Person_one
    Person_one Posts: 28,884 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    Tish_P wrote: »
    No, no, Elvis, get your rants straight! If you want a feminist tirade about this one, it goes: Observe how, in that situation, she'd be seen as a complete monster for abandoning her kid and him a saint for bringing it up, whereas when the reverse happens society berates single mums for making the wrong choice of man. Etc etc smell of singed bra.

    Kind of rings true though doesn't it?
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