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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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contracts wave maternity enforceable?

Customer Question

Are contracts that wave maternity rights and obligations enforceable? I have a friend who wants to have a child and is willing to raise the child if I 'helped' her become pregnant. I am married and would like to protect myself from future parental obligations and wave my parental rights regarding the friend's child. What is the best way to proceed?


I am a British citizen permanently resident in HK. My friend is a British Chinese, permanently resident in the UK. The child would most likely live in the UK.

Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question. I will do my best to assist you.
I am afraid that in a private arrangement such as this (outside of a clinic) there is no contract which can be made to waive your liability for child maintenance in the future should the mother wish to claim it.
Whilst you could simply not agree to have your name on the birth certificate even this would not protect you if your friend changed her mind
The law is explained more clearly on the website here
I am sorry that it was not the news you were hoping for.
Please feel free to ask for clarification if need be