Can a father relinquish his rights to a child if a DNA test is done proving that he is in fact the father?

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Can a father relinquish his rights to a child if a DNA test is done proving that he is in fact the father?

I am currently pregnant and the father of my child had talked about relinquishing his right to the child. He is only want to do this to avoid paying child support. I already plan to have a DNA test done. Will this prevent him from being able to relinquish his rights? From what I understand the form for relinquishing right states presumed father, so I’m unsure if whether or not a DNA test would make the form null and void.

Asked on April 25, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If I understand your question correctly the answer is no.  He can not voluntarily relinquish his rights to avoid paying child support. That is what the real issue is here. He could voluntarily relinquish his rights if say you wanted your husband to adopt your child and you were consenting as well.  But the courts are not going to let a kid be without support or a parent shirk their financial responsibilities.  He can sign whatever form he likes but unless a Judge okays it it is worthless.  Get your DNA test and once paternity is established, file for child support.  And do what evern you have to to enfrce the order.  Good luck to you.


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