Sign over Rights

Nope. You cannot voluntarily forgo child support. The only way Indiana terminates parental rights is if the child is going to be adopted, in which case the adoption agency or state must file for the termination, or if the parent commits a crime against the child (again, the state will file for the termination, not you). He has a duty to support his biological child. Here's the code: http://www.in.gov/legislative/ic/code/title31/ar35/ch1.html

Best of luck.

I'd hold off on this solely based on the fact that I think he should pay child support... but that's just me. No one should have 100% of the responsibility, physical or financial, on their shoulders.

Congrats on the new baby!! Hand in there honey :)

Most states will not allow a parent to relinquish their rights unless:

The parent is proven to be unfit; or,

There is already a person in place, permanently in the child's life, who intends to adopt the child.

They do this so that the child will have a parent of SOME sort if something should happen to you.

HOWEVER (ETA): He doesn't have to be there to sign the birth certificate. And if he's not on it...he has no rights unless he contests for them. Problem solved.

Um, my SIL (in a nother state) just didn't put the father's name on the birth certificate so he wouldn't have any claims to child unless he really, really wanted to and even then, he'd have to jump through hoops.
Is that even an option for you?

from what I understood when I lived in Indiana, they will not allow the father to sign over his rights unless there is someone willing to take over as the father figure.... at least that is what I was told 16 years ago when I lived in IN and was preg with my daughter. I would check with an atty. to be sure, things could have changed in the last 16 years. :)

you need a lawyer they can help you their is alot that goes in to and you really need a lawyer

If you're not married, I think you could simply put his name on the birth certificate and then terminate his rights. It shouldn't be a problem as long as he's consenting to the termination.

I don't know what happened to Gamma G.'s friend, but once rights are terminated I'm pretty sure support obligations are terminated as well, especially if the child is adopted by someone else. Gamma G's friend needs to seek legal advice ASAP.

Talk to a lawyer. No matter what stories anyone has of things that happened to them long ago, or things that have happened to their friends/family members, I'll bet none of the situations are exactly the same as yours.

For example: my sister had a child, she & the child's father were in agreement that he would have no part in the child's life. In the state she lived in when she had him, the laws were such that if you are unmarried when you give birth, there will be no name put for the father on the birth certificate until one is proven with a DNA test. Since the agreement was that he would not be having anything to do with the child, whenever she was asked by a state agency or otherwise who the father was, she simply said he was "unknown" which is what the birth certificate also said. She was not denied any sort of assistance for the short period of time she needed help. She was also able to procure a passport for the child although the forms read as though you MUST have the signature of 2 parents. She said, "Well, there isn't a father, period, end of story. There is nobody to sign off on this. Are you telling me that because of that, my child can never leave the country??" Her paperwork went through with the very same "unknown" as everything else.

The only way to know for sure what the legal way to go about this is to talk to an attorney.

In Iowa you can't sign away your rights unless there is a person willing to except them.

Personally if this is the case, then leave well enough alone. Nothing else has to be done unless there comes a person into your lives that wants to take over parental responiblily ( adoption).

If you go to court and have it down in court you have full custody and placement of your child then they will make him pay child support. Once child support is started and you except any money its harder to get his rights removed, even if he wants them removed. They will probably still try to set up some kind of visitation. If he is paying child support he has rights to see his child. Once that is on paper no matter how much time has gone by if he changes his mind down the road and you refuse it could back fire on you.

I would leave it alone and let him go about his business if you can afford to to it on your own and you don't need to rely on his money. Then if he wants to see the baby and hasn't in months, let him take you to court and set up visitation. Then you can get the custody, placement and visits set up.

If down the road someone comes into your life and does want to adopt your child as his own it will also be easier on you to show this guy hasn't been in our lives in this long and it will be easier for his rights to be removed.

Good luck and congrats on your little one!

Ya know, if he's military, you'd have no trouble getting the child support! Not sure now, but usually the servicemember would get an increase in pay due to increase in family size - and this would add just a little to whatever might be set up for child support. (tho he might fight over that part which would end up getting his name on the birth certificate in a round-bout way)

@GammaG - your friend needs an atty ASAP! Copies of his termination papers in hand - and check to see if the adoption was ever done! Something fishy there!

Your question is state specific and laws change too often for any of us to know the answer to your question

BUT if you decide or are currently getting any type of government assistance, I hope you or the state do not allow him to *sign over rights* without any financial responsibility.

Looking at your profile, you are very young on your 2nd child. I *assume* you are on public assistance (hope I am wrong), that would mean that you are NOT "fully responsible for the baby". This guy is in military and needs to pay for his own child.

I wish you the best for you and your children.

A reputable attorney who deals with adoption and issues such as this one would be able to give you an accurate answer. There are lists of accredited adoption/custody issues attorneys on the internet. The laws differ from state to state. Good luck.

Why would you willingly allow such a thing to happen to your child? A man doesn't get to just "decide" he's not going to be a father and that he's going to sign away his parental rights. It's not that easy even if you're willing to let him do it.

Sure, you could simply not put his name on the birth certificate but you're shortchanging your child on his/her parentage and child support. That money doesn't belong to you, it belongs to your child. Even if you don't want or need it, which I highly doubt, you owe it to your child to at least put it into a savings account for when s/he turns 18.

In other words, plan ahead and don't let the father just skate on his responsibilities. He doesn't get to do that and you don't have to let him.

It does not matter what you do IF you ever go to the state for ANY type of assistance, be it child care assistance, food stamps, medical card for the baby, anything...they will make you surrender the name of the father to pursue child support, even if he has given up his rights.

The reason I know this to be true is that I have a male friend who is on disability and he gave up his parental rights so his child could be adopted by the moms soon to be husband. When she and the husband got a divorce she applied for food stamps and assistance. They went after my friend and even though he had been to court and surrendered his parental rights and the child had been legally adopted through the court system his SSDI check is being garnished for child support. I have seen it with my own eyes, he is not legally the father to this child and is paying child support. The legal father is not even being asked about child support either. He was this child's father figure for nearly 7 years and my friend never even met the child.

So, I would ask an attorney about the legalities of what you are trying to do. The laws in your state may differ but the bottom line is only an family law attorney can answer this question.