Question:
My wife and I are disagreeing about when we should have kids. We are recently married and I do not want kids yet. She says she understands but I am not sure she will stop trying to get pregnant.
Is it possible for both of us to sign a binding, legal agreement that if she does get pregnant that we would give the baby up for adoption?
Answer:
This answer only includes general divorce help for men since I am only licensed to practice in Missouri and am thus unable to provide any specific legal advice on divorce.
In Missouri, a couple can enter into a post-nuptial agreement. This is an agreement that is entered into after the parties are married.
The agreement is basically a contract which outlines a set of terms that the parties agree to abide by during their marriage. There are strict requirements that must be met for a post-nuptial agreement to be valid. The requirements are set forth by state law.
In your case, you are asking if you can enter into an agreement to give a future child up for adoption. I suspect that your state has a strict public policy that allows the biological mother the right to choose whether she wants to keep her baby.
Even if you and your wife enter into an agreement this year that you will give a future child up for adoption, I suspect that your wife will not be obligated to abide by that agreement if she decides that she wants to keep the baby.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of fathers rights I urge you to contact an attorney immediately.
To set up an appointment with a Cordell & Cordell attorney, including Michelle Hughes, an Associate Attorney in the Jefferson County, Missouri office, please contact Cordell & Cordell.
