Can a Dad Sign Away Parental Rights Before the Baby’s Birth?

 Posted on June 27, 2025 in Family Law

Suppose a couple becomes pregnant while dating. The father has repeatedly stated that he does not want children and angrily confronts the pregnant mother. He tells her that he will just sign away his parental rights and then will legally have nothing to do with the child – or the mother. The mother is now worried about how she will support the child with no child support or other support from the father.

Can an Illinois father simply sign away his parental rights and escape all responsibility for a child? If you are on either side of a similar situation, it is important that you speak to an experienced St. Charles, IL family law attorney who can assess your unique facts and circumstances and help you determine what steps you need to take.

Understanding Illinois Parental Rights

First, Illinois courts expect both parents to provide for their child financially, physically, and emotionally. Parental rights are rarely terminated and usually only when another person wants to step into the parental role via adoption, or during involuntary termination, when the child’s parent abandons, chronically abuses, subjects a child to extreme or repeated cruelty, or sexually abuses the child.

Total restriction of parental rights can occur if a judge determines there is little likelihood that services to the family will result in the reunification of the parent and child. If a parent’s rights are totally restricted because of how they have treated their child, that parent may have no parenting time or parental responsibilities but may still be obligated to pay child support.

Financial support and the right to spend time with a child are two completely separate issues, and a parent who wants to avoid paying for child support may not do this by having his or her parental rights totally restricted.

Can a Father Terminate His Legal Parental Rights Prior to the Baby’s Birth?

Unless the mother and the father have decided to place the baby for adoption upon its birth, the father may generally not terminate his legal parental rights prior to the birth of the child. Both parents can fill out an Irrevocable Surrender to an Agency for the Purpose of Adoption form and submit it to the Department of Children and Family Services (DCFS) to surrender a child to the state of Illinois; however, one parent cannot do this without the agreement of the other parent.

Voluntary termination of parental rights involves a formal petition, court review, a determination of whether the termination of parental rights is in the best interests of the child, and an order from the court to terminate the parental rights. Since parental rights are usually considered to only apply after birth, there is no termination of parental rights before the child is born.

Does the Termination of Parental Rights Eliminate Child Support Obligations?

Unless parental rights are terminated so the child can be adopted, termination of parental rights does not relieve the parent whose rights have been terminated of outstanding child support obligations.

Are There Alternative Options for Expectant Fathers?

The court does not care whether an expectant father is dismayed about the coming child or excited to be a father. What the court cares about is that both parents care for the child in the best way possible. If a father feels "tricked" into having a baby, he should discuss the matter with the baby’s mother. The couple can discuss whether adoption is an option and may want to seek legal counsel so that they both understand their parental rights and responsibilities.

Contact a Kane County, IL Parental Responsibilities Lawyer

It is important that prospective fathers understand that attempting to avoid responsibility for a child is rarely a good strategy. An experienced St. Charles, IL parental responsibilities attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can help you both understand the legalities of the situation. MKFM Law serves family law clients at its offices in Kane County, DuPage County, and DeKalb County. Call 630-665-7300 to schedule your initial attorney meeting.