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I am getting a divorce. My wife filed. She made a baby with a sperm donor. Now she want me to pay child support for this child. I'm on the birth record as the father. I'm thinking about giving up all parental rights at the mediation or trial. How do I do that and Will I still have to pay child support for this child? I live in Florida. What is the law?
you have to go to court and prove you are not the father and be removed from the birth certificate ( if you can) in the US in some states if you are listed on the birth certificate and go for a number of years, you can not get your name off even after you prove you are not the father. ** Think you can prove it and get name off in Florida...
And next they are not going to let you give up your rights most likely, judges seldom sign off on those. And even if you just give up your rights, you would stlil have to pay child support since you are listed as the father on the birth certificate.
Let me be more clear. On her petition she states that she used a sperm donor and that I am not the father. But she still want support. Can she do that? Can I still give up my right to this child and not pay?
Yes of course as long as you are listed on the birth certificate untill you to to court and make a motion to have your name removed and not be responsible, she is just being honest ( better than most)
Let me explain this, first almost a 80 percent chance the judge will not even let you give up your rights unless you prove you are not the father.
next unless you prove you are not the father you willl be paying and paynig and paying child support
She had your consent when she "made" this baby,
plus you acknowledged your responsibility by putting your name as a father.
The baby was born during marriage,
.... so this child is legally yours. End of story.
So you are say that I still have to get a DNA test to prove this? Even if she state it in her petition that I'm not the father and there is a sperm donor? I have to motion the court to have my name removed plus not be responsible. What right do I have to a child that's not even mines by blood. Just by some @#$%^& paper!!! This is crazy...
Did you know from the start this baby was conceived with donor sperm? If you did and allowed your name to be put on the birth certificate then yes, you accepted responsibility just as if you had adopted. No, you most likely will not be able to just "change your mind" now because you are getting a divorce.
Did you not find out donor sperm was used until after you put your name on the birth certificate? Then that was fraud on your wifes part. Did you contest that immediately? If no, then the answer above is still the same.
Did you only find out that donor sperm was used when the divorce was filed? Then maybe you can disestablish your paternity, you will need a DNA because the court will not just take your word for it or hers for that matter. People can lie even in petitions. DNA won't lie and the court won't take a chance with something this important.
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