help

yearsend

Hi,
Im not sure if anyone can help me or if this is the right board but ill go on anyway....

Im in an awful situation, my ex girlfriend is 3months pregnant, shes dropped the bombshell on me that she wants to give the baby up for adoption.

Im totally opposed to this and told her that and her response was since were not married she'll do what she wants with the child. were both in our late twentys/early thirties so its not like were kids etc. Id rather not have someone else bringing my child up, can anyone give advice on my legal entitlements?
Thanks

Victor

I'm not sure, but under Irish law, I don't think you have many rights in a case like this.

I would suggest you talk to a solicitor who does family law.

C Fodder

Get legal advice because I think Europe forced a change in Irish law on a case like this. You have some rights under european law but I don't know what they are.

Oryx

Also be aware that its early days and your ex may be panicking right now and acting accordingly. Try to support her through what will be a difficult pregnancy, regardless of your problems with each other, that way you will be on a better footing with each other when the baby is born and difficult decisions need to be made. Get advice now by all means, but I wouldnt recommend attacking your girlfriend legally at this stage, you may only succeed in making relations between you worse. By the time the baby is here attitudes may have changed all around, you never know, she may decide to keep it, stranger things have happened.

r3boot

1)you have 6 months to make the final decision.
2)During this time you can go for counselling together, this may just be a stress reaction that may pass or she may have concerns that you could comfort her with.
3) Although you may not have alot of legal rights you do have some and should consult a solicitor.

In the end if I were in your shoes I would talk to her and find out what her concerns are, and see if you can work them out and consult a solicitor as a backup.

yearsend

thanks guys

edengarden

Unfortunately I don’t think you have any rights – I have recent done a Legal Studies course and we briefly went through the Irish Constitution and as far as I can remember there were a couple of Irish case, almost exact circumstances to your own situation, that we studied and to my knowledge an unmarried father has no rights and cannot stop an adoption.

causal

What's to stop a biological father legally 'adopting' his own child?
What about guardianship as another option?
What about if your name is on the birth cert, then you apply for sole custody?
- just trying to think about what options might be open to you.

I'd echo what others have said about this possibly being an (understandable) initial reaction on her part; that her feeling might change with time; and that it's best to keep things amicable in so far as possible.

causal

Nevyn

If you are not married to the mother of your child even if you are named on the birth cert you must apply for Guardianship and she can deny it.

If you are not married you both have to willingly consent to have the father named on the birth cert, and both go and sign the documents if the office
of the registrar for birth.

You NEED to get legal advice on getting if needed a court ordered paterinty test , I have no idea if that is even possible under irish law, and then having the details recorded on the birthcert.

If your named on the birthcert I dont think that the child can be adopted with out your input.