Is it legal for a 21 year old girl to be pregnant by a 16 year old boy if they have dated for the past 2 years?

UPDATED: Nov 6, 2011

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Is it legal for a 21 year old girl to be pregnant by a 16 year old boy if they have dated for the past 2 years?

My son is 16 and his girlfriend is 21; she is pregnant with his twins. They have been dating for 2 years; she was 19 and he was 14. I even had the police confront her and they continued to sneak. They said that they are in love and that they could not help it. She promised me that she would not go off of the pill. He is a juniorin high school and has plans for college; that is my main concern. Now she is only 14 weeks pregnant and she is tired of my son. What I want to know is what about this is illegal? Even though he is 16 now, I want to know if there is anything I can have written up to protect our rights (my son and I) against her taking off with his kids like it’s non of our business. What about me having to pay her child support for 2 years when she stopped going to the clinic and more less got pregnant on purpose> Finally, can I have her prosecuted and take the baby’s from her?

Asked on November 6, 2011 under Criminal Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you have described is a case of child abuse with respect to your son by an adult, his 21 year old girlfriend. In many if not all states in this country, sexual relations between an adult and a minor, even if they are close in age is a crime usually called statutory rape where the sexual relations are consensual.

I suggest that you consult with law enforcement about the situation involving your son. You have no obligation to pay child support to the 21 year old woman since you are not the father of her children that are conceived via your son. As far as having the children taken away from her, that would be up to Child Protective Services.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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