NSW Can a father relinquish rights if a one night stand got pregnant?

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one98nine

New Member
31 January 2023
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Hello

Just wanted to ask what the grounds were for terminating father rights? I have a friend who had gotten pregnant by someone and the father relinquished his rights. But i thought it was only if someone adopts the child?

A bit of an odd situation, although I'm sure it isn't rare. This situation has been going on for a couple of months and im trying to get some information while we wait for a lawyer to respond. 1 month before my partner and i met, he had a one night stand which has resulted in a baby (paternity yet to be determined). No cheating was involved, all the dates have added up correctly, i cross checked lol.

One night stand told him she was on the pill, they had unprotected sex (big mistake). After this he never heard from her again. A few months after we met, we moved to a completely different state which we live in together. 5 months AFTER the one night stand, when we were settled in to the new state already with new jobs, he receives a call from her saying that she is 20 weeks pregnant, and there is a 25% chance it is his but she isn't sure because she also slept with 3 other guys that week. He confronted her about saying she was on the pill and she said that she lied in the moment, however he didn't get this in writing, it was over the phone.

She was asking him to transfer her money directly to HER account for a paternity test however he said no. When he asked for a legitimate test, she blocked both me and him. She has non stop harassed both of us, being quite rude and abusive as well as sending photos saying the baby is his because it looks like him. But honestly the baby really doesn't look like him. I don't even have any involvement so i don't know why she was harassing me. He is not on the child's birth certificate and we have not heard from her for a few months. This has become a childish mess.

My question is - if it is his, can he terminate his parental rights? From the start she said she doesn't want child support and she doesn't want him to be involved - she simply said she wanted to keep the baby because she wanted one and was ready for one. Now i am unsure what she wants. I understand children have a right to be supported but i believe this is a strange situation - he met her once and had no relationship with her. He was not there for the pregnancy test, he was not there for the ultrasounds, he was not there for the birth, so you can argue "abandonment". It's not like he found out she was pregnant and left. I believe it's okay for him to not want to be physically involved - it would require moving and changing his whole life when we have started building a life together here.

Also wanted to add - if it came to the crunch then we would be involved, i have no issue with it other than it would be hard being in different states 5 hours away. But she made it clear she wants no involvement from him.
 

Rod

Lawyer
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27 May 2014
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In Australia parents have very little rights.

It is the children who have rights.

Tough situation for the baby and the baby's welfare is what should have precedence.

In the above circumstances, there are no rights to terminate.