Q: How to legally opt out of child support obligations for unborn child in New York?

A: Not a legal option. Court can enforce a child support order, even with a freely signed mutual agreement.

A: New York does not allow an agreement to permanently "opt out" of child support. If another person adopts the child and assumes the support of the child, then you may be relieved of your obligation.

A: There is no such thing as "opting out" of the fatherhood of an American child. This means if the mother petitions for custody and paternity/support, a court will automatically give both to her with perhaps some excessive adjournments and posturing.

New York does however recognize protections for sperm donors who contract with sperm banks. A physician would then contract with such a bank in the name of the patient mother and that connection absolves the biological father of any contact with the child and of any support obligations.

Otherwise, personally impregnating a woman on a verbal contract is of no force and effect. The mother can petition at any time and in her state using provisions of the Uniform Interstate Family Support Act (UIFSA) where the government represents her at no charge against the father in his state.

A: In New York, child support is considered the legal right of the child—not the parent. This means that even if both parents agree verbally or in writing to waive support, the court can still order payments if it's in the best interest of the child. A private agreement between parents is not enough to eliminate the legal responsibility.

Until the child is born, there typically won't be an official child support order, but once paternity is established, support can be requested. The court will look at financial needs, regardless of what was previously agreed. If you want to prepare in advance, you can consult with a lawyer to draft an agreement, but you need to understand that a judge might not uphold it if it goes against public policy or the child's needs.

Your best step is to stay informed and prepared, but know that you may not be able to fully opt out before the child is born. If the other parent never applies for support, the court may never get involved—but if they do later on, your earlier agreement may not protect you. It’s important to think long-term and be aware that child support laws are designed to protect the child above all.