Paternity, child support, and contracts

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shrimp67
Posts: 47
Joined: Wed Sep 16, 2009 12:03 pm

Paternity, child support, and contracts

Post by shrimp67 » Thu Mar 16, 2017 12:31 pm

I would love to get an answer, if there's a lawyer in the crowd or if someone knows a lawyer.
My friend was asked by a lesbian couple to be a donor in order for them to have a baby.
They don't want any clinics involved.

My friend would like to ensure no paternity claims or child-support come back to bite him in the ass a decade down the road, because the Finnish law is highly discriminating against men.
I know that in countries with similarly discriminating laws, there's a special contract you can make to reduce the risk.
Now, a contract in which the woman gives up any claims is completely null in court, because child-support and the paternity are basic rights of the kid, and no contract can take that away.

They circumvent the problem by making a contract for the woman's partner to sign.
The contract states that the person who signs it agrees to pay back any sum of money the man will have to pay in child support.
So now, sure the mother can sue the man for child-support, but then her partner (can also be her parents, siblings etc.) has to pay it back.

Is this kind of contract legal in Finland?

Many thanks!



Paternity, child support, and contracts

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rinso
Posts: 3677
Joined: Fri Aug 25, 2006 7:22 pm

Re: Paternity, child support, and contracts

Post by rinso » Thu Mar 16, 2017 12:45 pm

shrimp67 wrote:I would love to get an answer, if there's a lawyer in the crowd or if someone knows a lawyer.
My friend was asked by a lesbian couple to be a donor in order for them to have a baby.
They don't want any clinics involved.

My friend would like to ensure no paternity claims or child-support come back to bite him in the ass a decade down the road, because the Finnish law is highly discriminating against men.
I know that in countries with similarly discriminating laws, there's a special contract you can make to reduce the risk.
Now, a contract in which the woman gives up any claims is completely null in court, because child-support and the paternity are basic rights of the kid, and no contract can take that away.

They circumvent the problem by making a contract for the woman's partner to sign.
The contract states that the person who signs it agrees to pay back any sum of money the man will have to pay in child support.
So now, sure the mother can sue the man for child-support, but then her partner (can also be her parents, siblings etc.) has to pay it back.

Is this kind of contract legal in Finland?

Many thanks!
You're correct about the child support rules. It is hard to avoid them.
(it is also hard to reject visiting rights)

The partner contract solution is creative. Finnish law is keen on fulfilling contracts so you might have a chance. But it will be always open for interpretation by a judge. No absolute guarantee. And open ended contracts are always tricky.


harakka
Posts: 63
Joined: Mon Aug 10, 2009 7:10 pm

Re: Paternity, child support, and contracts

Post by harakka » Mon Mar 20, 2017 1:53 pm

You could e-mail the Finnish Rainbow Families association at info(at)sateenkaariperheet.fi. The questions are answered by volunteers.


podzap
Posts: 151
Joined: Sun Aug 17, 2003 1:32 am

Re: Paternity, child support, and contracts

Post by podzap » Wed Mar 29, 2017 12:13 am

Finnish laws are not highly discriminating against men when it comes to child support. Four (or more) kids in Finland will carry the same monthly chid-support cost as one kid in USA. On top of that, by Finnish law, a man can not be thrown into jail for not paying or being behind on child support. Nor can his passport be denied for same reason.


Rip
Posts: 5583
Joined: Tue Dec 30, 2008 12:08 pm

Re: Paternity, child support, and contracts

Post by Rip » Wed May 03, 2017 11:27 am

Bit late on this but if your friend decided to do that, he should try to get the woman who isn't the biological mother to adopt the child. That would could all the legal links between the father and child. I don't know if the contract suggested would be enforceable (anyway, the other party might become broke) and it would not change for example inheritance rights.


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