Janet Jay said:
My brother had an arrangement with a woman who requested to be artifically insemented with his sperm. They only made a verbal agreement. This agreement also included his not having any contact or any legal connections with the child. The mother went behind his back and put his name on the birth certificate and gave the child his last name. He is married with children. He didn't want another child but he was trying to help her. She said she would change it but that was two years ago and she never did. Is there anything he can do legally like placing a complaint against her to make her have the name changed and giving up his parental rights?
Please help.
My response:
Well, it should really go without saying, and he knows, as well as you now know, that this was one of the stupidest decisions a person could make without a WRITTEN contract.
However, what's done is done.
It's not illegal for a mother to place the father's name on the Birth Certificate. As a matter of fact, and in the absence of a WRITTEN contract, an oral contract for this type of transaction is completely unenforceable. And, she could have called the child "Mickey Mouse" and there's nothing anyone could have done about it. So, it doesn't matter if she gave the child "his" name.
This is also true even if she gave the child "her" maiden name. If she ever wanted to establish paternity, all she'd have to do is file for Paternity in court, and a DNA test would be ordered and performed to establish the child as being "his" anyway.
He cannot merely "give up" his parental rights without an adoptive parent in the wings, waiting to take over his duties and responsibilities. But, your brother doesn't have to exercise any parental rights at all, ever - - that's his decision, and no one can force him to "see" the child. However, in the absence of a WRITTEN contract, if she wanted to "force the issue" of child support, she could. He's got a minimum of 18 years, now, to start sweating bullets.
Good luck.
IAAL
