Asked in Family Law for Massachusetts

Q: Spousal conflict on Adoption: Is Divorce the only solution?

We have been married for 15 years without kids. We tried IVF several times, but it did not work. Now my wife wants to go for adoption, but I am not interested. She is even willing to do it as a single mother. And I am opposed to it primarily because, we don’t know how things will turn out after the adoption and the possibility of divorce might arise someday and then I will have the burden of child support. I do not want to get entangled to the legal repercussions of child support, where I am not thrilled about the idea of adoption at the first place.

The simple solution could be a divorce. But, as of now, we both want to save the marriage and my wife even says that she will not ask for any child-support if we get divorced in future!

Is there any legal option/possibility that we sign a contract before adoption that my wife will be solely responsible for the adopted child and I cannot be lawfully held responsible for any child support in future? Thank you in advance for your time.

Related Topics:
1 Lawyer Answer
Brian Waller
Brian Waller
  • Worcester, MA
  • Licensed in Massachusetts

A: I am actually not sure whether your wife could adopt a child solely while you are married, but another lawyer with expertise in adoption may be able to answer that.

Regarding an agreement to waive child support, however, that is definitely not possible. The courts view child support as belonging to the child and also that children are entitled to the support of both parents. Based on that, parents don't usually have the ability to waive financial support from the other parent. There are circumstances where there is no child support order, but that usually only happens when the parents share custody equally and each provides financial support to the child directly.

It may be that the only option is to pursue a divorce if your wife decides to move forward without your participation in the adoption process unless.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.