Lets say a Man and a Women agree to have a child. But the Man want's to make sure that before they have a child the man is granted full custody over the child and that the women can never file for child support.

Isn't this already kind of done in practice by sperm donors or women that birth a baby for a couple that cannot conceive?

Can this be done via a contract and maybe a NDA?


2 Answers 2



You seem to be labouring under the misaprehention that the male and female parents are the only people involved and only their needs and desires are relevant.

Child support, as the name implies, is for the support of the child. The law is that that parents are responsible for the wellbeing of the child and, barring of removal of the child by the state, this is not an obligation they can avoid.



This cannot be done in U.S. law, subject to the exception discussed below.

Some states authorize a sperm donor arrangement with this effect (and somewhat similar surrogacy contracts), but sperm donor arrangements and surrogacy arrangements generally require the arrangement to be done within a state statute authorized safe harbor and generally involve artificial insemination or implantation of a fertilized egg in the woman.

Similarly, in Canada, one must come within the scope of the Assisted Human Reproduction Act for something along these lines to be permitted.

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