QUESTION

Can parental rights or similar contract be drawn up pre-pregnancy?

Asked on Jan 10th, 2014 on Child Custody - Texas
More details to this question:
My daughter and daughter-in-law wish to have a child and this is obviously not possible for them using traditional methods. They have a domestic partnership (gay marriage is not legal in our state but they did file a partnership which is recognized by our state and by the military of which my daughter-in-law is an active reservist.) They have a private donor and wish to handle things at home (using sterile containers and insemination methods that have worked for other couples) to save costs and have more resources available to actually raise the child/children that could result. They would like to know if there is a legal contract that can be drawn up to both protect themselves and the donor. All involved are in agreement that the financial burden, decisions and all rights should be shared equally by the couple and not just the one carrying the child.
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1 ANSWER

Civil Litigation Attorney serving Dallas, TX at Ginsberg & Associates
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You can file a Termination and Adoption suit prior to the birth of the child. However, the Affidavit of Relinquishment can not be executed until after the birth of the child. You can draft some of agreement where the sperm donor agrees not to ask for custody/visitation but it is not going to be binding. You will have to have the father/sperm donor sign an Affidavit of Relinquishment.
Answered on Jan 14th, 2014 at 7:46 AM

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