Fathers' Rights During Pregnancy

Men who learn they're about to become a father — anticipating responsibility and hoping for a relationship with the child — have concerns about fathers' rights during pregnancy.

Expectant mothers who plan to parent alone, or to parent with someone other than the biological father, also often ask about fathers' rights during pregnancy.

Common questions are addressed here. If you're soon to become a parent, make a plan to care for your child.

Does a father have rights to an unborn child?

No. Generally, an unborn child is not yet considered a legal person, and the father has no legal relationship with them. And since there's not yet a need for anyone to make decisions about their education, to visit them, or to pay to feed and clothe them, there's not yet a need for a custody, visitation or support order.

Upon the child's birth, your legal parenthood can be established:

• Automatically, for a man who married the mother before or during her pregnancy

• By specific actions, for a man who isn't married to the mother: voluntary acknowledgment (with the mom), paternity testing or adoption

But until the child is born, courts won't even determine whether you're a parent — let alone order you to care for the child any particular way.

What is a father's financial responsibility during pregnancy?

A father won't be ordered to pay child support during pregnancy.

However, in a divorce during pregnancy, he could pay spousal maintenance (alimony). If his spouse claims special medical or housing needs due to pregnancy, that could affect the temporary maintenance amount while the divorce is in progress. Whether there's a temporary maintenance payment and how it's calculated are up to the judge. The judge may approve an amount on which both spouses agree.

Is it illegal to hide a pregnancy from the father?

No. Pregnancy is the private medical information of the person who is pregnant.

However, if you eventually land in family court, the judge is more likely to sympathize with parents who communicate openly and honestly with each other from the start. If the judge believes the mother has been deceptive or uncooperative, this may count against her.

Is it illegal to have a baby and not tell the father?

No. But consider the child's needs. A child benefits from knowing who their parents are and having a meaningful relationship with both of them.

In addition, notifying possible fathers becomes essential if:

You want to seek child support. Paternity must be established before a court will order child support.

You are divorcing the father. In a divorce or legal separation case, you have to disclose the birth so that paternity, custody, visitation and support can be established.

You want to place the baby for adoption. An adoption agency makes every effort to identify a child's biological father and seek his consent.

You want your spouse to adopt the baby. Get the biological father's consent. Otherwise, he could show up later and object that the adoption is invalid.

If a mother is hesitant to tell the father when the baby is born because of domestic violence, she can press criminal charges and seek a protective order for her and the child. He may not get to know where the child lives and goes to school.

Can a father force a pregnant person to do anything?

No. In general, you can't make another adult:

• Go for medical checkups
• Follow their doctor's advice
• Tell you what their doctor said
• Stop drinking alcohol or caffeine
• Take a drug test
• Continue at their job or quit their job
• Answer your calls, texts or emails
• Be in a relationship with you, live with you or marry you
• Stop being in a relationship with, stop living with, or divorce someone else

Specifically, when facing pregnancy and new parenthood, you can't make someone else:

• Take a pregnancy test
• Tell you the results of the pregnancy test
• Take prenatal vitamins
• Include you in discussions about how they'll care for the baby
• Invite you to the baby shower
• Give birth in a particular place (hospital or home)
• Give birth in a particular way (C-section or natural)
• Allow you to be present at the birth
• Return to work or stay home to care for the baby
• Breastfeed

Can a father make choices about a newborn?

Once the baby is born, if you're not a legal parent or you don't have custody, decisions about the child aren't yours to make.

On the other hand, if you have legal custody (sole or joint), you can make major decisions regarding their care.

Draft a newborn custody agreement to lay out what each parent's role will be. Use a parenting plan template to guide you. You can draft it during the pregnancy, and the court can approve it after the child is born.

Signing over parental rights of an unborn child

At the birth, you may sign an agreement saying who the parents are. Each state has its own process. (See Minnesota's parenthood process, for example.)

If you're a legal parent, you can then sign over custody. If neither parent can care for the child, the court may appoint a nonparent guardian. Parents can recommend someone — often a grandparent, aunt or uncle.

Noncustodial parents are still parents. If they're ready to be more involved, they can petition the court to change the custody order.

Signing over parental rights, on the other hand, is a final action. You'll no longer be legally considered a parent and you won't have rights or responsibilities related to this child. You can do this if the child is being adopted by someone else.

You can't sign over custody or parental rights just to avoid paying child support.

Fathers' rights in abortion

No one can choose whether someone else terminates their pregnancy — except that a pregnant minor may require her parents' consent for an abortion.

Can a father stop a pregnant mother from moving?

No, but a judge can.

A pregnant person shouldn't move just to avoid a divorce or custody case; this attempt may fail, and the judge may penalize her. Furthermore, she can't move in violation of a court order — for example, if a visitation order for another child specifies where she must live.

If a pregnant person moves to another U.S. state and gives birth there, the parents may have family cases in two states. That's because any existing case (like a divorce) may stay where it is, while the custody case for the new baby is likely to belong the jurisdiction where the child is born.

Sometimes a pregnant person moves to avoid an abuser. If she's filed for a protection order or if she lives in a shelter, her location may stay secret.

Planning for a custody case

If you're planning for a court case, you might file as evidence:

• A proposed parenting plan for your baby
• Proposed parenting time schedules
• A printout of messages exchanged with your ex
• A log of your parenting expenses
• A pregnancy and parenting journal

The Custody X Change online app lets you create all of these in one place. It makes sure you're ready to take on the court process step-by-step.

Take advantage of technology to get what's best for your future child.