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Engagement is not a legally recognized contract, so it would offer no protection in court.

That said, sex with a 16 year old is legally murky. It depends on your state. Check the age of consent laws where you live.

In some states, 16 year olds are able to consent to sex with anyone, so your fiance's mom couldn't press criminal charges. In some states it is legal as long as you are either under 18 or not significantly older; generally 3 or 4 years. However, if you live in a state where the age of consent is 17 or 18, you have committed statutory rape, which is a felony.

In any case, her mom is still her legal guardian, and can thus file a restraining order against you with or without her consent.

Her mom has the legal upper hand in any case, so I wouldn't test your luck. Try to show her you are responsible and capable of supporting the child, or inform her that you both have agreed to give the child up for adoption and will be more careful and responsible in the future.

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Q: Can your 16 year old fiances mom lock you up if your fiance is pregnant?
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