QLD Family Law - Parental Rights Voluntarily Relinquished by Mother?

[Rj1]

Hi there

If I had a one night stand with a girl and she is pregnant, has agreed to keep the baby to give to me after the birth (I agreed to this as we both agree termination is a no go - but she is not ready for a child. I am in a better position). Is she able to voluntarily give up parental rights under family law as she wants to do?

Obviously it’s not the best scenario, but I know that with me the child will be cared for and loved so endlessly and she wants nothing to do with it and I do not need her money as it is not an issue.

Thanks

 

[sammy01]

That is a big step. Mate, I'd be seeing a solicitor and getting something written up. Part of the problem is I don't think anything can be written up and made binding until you have a birth certificate. And mum will have some issues. For example, she can't relinquish her obligation to pay child support and you will have issues if you want to collect govt family assistance $$$ because the expectation is that parents pay for their kids.

So nope, I don't think she can 'give up' parental rights because with those rights come responsibilities. But you could get consent orders written up that state the kid lives with you... Even that is problematic because the courts assume it is in the best interest of the child to know both parents.

Speak to a solicitor. Don't take advice from punters like me, not on something this important

 

[Tim W]

You can agree with her that the child will live with you rather than her, yes.
She will have to pay you child support.
This is not optional.

It may be appropriate to seek consent orders about Parenting.
This is for avoidance of doubt now, and to help provide
context and structure to help deal with any changes
of either circumstances, or of mind, (for/by either of you) later.

I agree with Sammy - you need the formal, case specific advice
of a Family Law lawyer.

 

[Scruff]

@Tim W - Can you clarify "This is not optional" in regard to Child Support?

It's always been my understanding that Child Support is only payable if an application is made by the relevant parent/carer or there is a private agreement in place. If neither applies, as appears will be the case here for the OP, then Child Support is not payable.

 

[Tim W]

The obligation to pay, and the right to accept, are different legal machina.

The former falls on the non-custodial parent, the latter on the custodial parent.
(please excuse the old-lingo)

A custodial parent can indeed choose to not accept Child Support.
And they can later change their mind.

But a non-residential parent cannot somehow contract/ arrange/ bully/ blackmail an agreement
to not be obliged to pay if ever called upon to do so.