Columbia, TN asked in Child Support, Civil Litigation and Contracts for Tennessee

Q: Can you have a legal sexual contract?

Can you have a legally enforceable contract that says; you agree to pay half of all birth control costs in return she agrees to not have a child by you. Failure makes her liable for damages equal to the amount of court ordered child support you are forced to pay? The choice to terminate the pregnancy is hers and you have agreed to pay half of all costs including termination. How would this differ greatly from a pre-nuptial agreement or a contract a model signs that says she must maintain a certain weight?

2 Lawyer Answers
Mr. James Charles Wright
Mr. James Charles Wright
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Don't think so. Child support obligation is for the benefit of the child. This sounds like a contract that would be against public policy. I can't point to anything specifc but it doesn't sound enforceable. Also, what if she takes the birth control has a child despite the best science can offer or a mistake happens.

Marjorie A Bristol agrees with this answer

Marjorie A Bristol
Marjorie A Bristol
Answered
  • Goodlettsville, TN
  • Licensed in Tennessee

A: No, you will not be able to contract away your responsibility to support the child if one is born of your sexual contact.

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