Posted by
mermaid38
13 yrs ago
I am a single (unmarried) mother of a 5 weeks old baby girl. I have no intention of marrying her biological father and he does not want to be involved with the child although he is listed as the father in her birth certificate.
Although he does not want anything to do with us now, i am worried that he will want to fight me for rights over our child in the future. Is it possible to get him to sign some kind of indemnity to guarantee that he will not lay any parental claims on the child? Will such a document stand up in court and will i need a lawyer to draft something like this?
thanks for any advise you could give..
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[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.
If the child is born in HK as an illegitimate child, then the mother will have all of the rights as though the child were legitimate. The potential father as an Applicant, would have to make an statutory application to the Court to have him declared the actual father as though the child were legitimate.
The Hong Kong Law would appear to preclude men from giving up their right/authority to make that application and therefore agreements are likely to be held unenforceable; however this does not preclude you making an agreement as evidence of the parties intentions at the time.
As there is a child involved, the Court will always look at the child's best interests as being paramount as opposed to what is best between a father/applicant and mother, and any evidence, including agreements can be reviewed by the courts in determining what is in the best interest of the child.
This is ‘fact sensitive’ of the law.
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www.weirandassociates.com/weirlaw
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