Abortion - who has the right to say? If a woman choses?

Question

If a woman choses to have an abortion, many say it is her choice and hers alone. But if she chose to have her baby, the father is legally obligated to provide for their child for 18 years. How, then, can he not have any legal rights before the child is born?

Answer 1

Three separate points in time, so three separate issues.

First, sex and conception. Both parties have the right to make decisions on whether they are being involved. Non-consensual sex is called rape, whether it's male or female.

Third (yes, I'm skipping second for now), there is after birth. Again, both parents are equally involved and have the same rights and obligations. Both are liable for child support, based on what they can afford.

Second, we have the period during pregnancy, after conception but before live birth. Let's split this into two separate periods.

In the last few months, called post-viability, the fetus is capable of living on its own (with medical help). So, who has rights during this time. The two lives directly involved -- the fetus and the mother. The father is not directly involved, since he's not contributing anything to helping the fetus grow. So, he has no rights to affect this part of the process.

So far, during these stages, there's no real argument about who is involved, and whose rights are at issue.

The argument comes during the first part of the pregnancy, pre-viability where there is just an embryo that cannot survive on its own. Because it cannot survive on its own, it is not an independent life. It's irrelevant for this discussion whether it's a human life at all or not, because whether it is or not, it's not an independent life. Thus, it does not have independent rights. So, the only person directly involved with independent rights is the mother.

Now, many state governments say that even if the embryo does not have independent rights, the state can still assert rights on its behalf. Thus, you have arguably two parties involved -- the mother and the state (on behalf of the potential future baby).

However, in no other legal situation anywhere does a possible future potential person or controversy merit legal protection. Maybe this situation is unique, and special rules are in order. Maybe it's not.

But either way, the sperm-donor is not directly involved during the first few months of the pregnancy (after conception), and so has no rights. Also, no legal obligations during this period.

So the only question is whether the government should be allowed to assert rights, on behalf of the future potential fetus. And personally, I don't trust the government to make those kind of decisions, so I'd rather leave it up to the mother alone during that time.

Answer 2

Well as far as I understand, before the child is born, it's not a child, but a fetus, which is just some stray tissue in the woman's body. Because it is within her body, it's a part of her exclusively... kind of like her gallbladder, I guess. The whole "equal parental rights" thing goes out the window when you view a fetus as part of the woman's body, rather than a separate entity.

Ironically, he doesn't have many legal rights after the child is born, either. If he was for adoption but the mother wasn't, he can't force her to abort, and he can't choose not to pay child support. If he wants the child adopted, he can't make that decision, but if he does not want the child adopted, he may not be able to make that decision either, if the mother chooses otherwise. He can't choose adoptive parents for his child, unless the mother allows him to be part of the choice. He can't even choose to be an involved parent, if the mother chooses not to allow visitation.

My personal view is that it's all leftovers from an earlier time, when fathers' rights were considered most important, mothers' rights needed legal protection, and of course legal abortion didn't exist so there was no need to guarantee equal rights in that choice. It's a screwy system, that needs to be fixed.

Answer 3

Realistically the woman has the right to make the decision about her body. The father is legally obligated but how many of them don't come through. Think about this. You were raped and ended up pregnant and they found out who the father was and you are in your 6th month do you want him to have a right to say hey terminate your pregnancy I don't want you to have my baby. I look at it this way. He wanted sex you opened your legs he knocked you up you are both financially obligated to this child the only difference is as a woman you have to carry it for 9 months and care for it all its life while the man gets to go running off with his buddies without a care in the world because he didn't have the kid so he doesn't have to take care of it. Boy I could go on and on. But I think before you start this you really need to investigate about 1/2 the men in the world that have children and don't want anything to do with them even though they wanted them to pass on their family name. But once they are here they go running off any old direction because they don't want the responsibility of raising them

On top of it. I am the one carrying the child I get to choose if I want to go through 10 hours of labor or not.

Answer 4

A good question.A woman never chooses whimsicaly abortion.It is under tremendous stress,unwanted pregnancy,medical complications or rape cases.Being aborted is not a bed of roses,either.
A father doesnt know her mental and physical state,no matter how close he is to her.If she is a single parent its her right to choose what has to be done with her body.Its only when the child is separated from the mother,regarded as a separate entity.Abortions normally are carried before three months of pregnancy.When the baby isnt developed.

Answer 5

Basically because it isn't his nutrients being taken from him, it isn't him who has to suffer the pain of walking with a 35 lb or more stomach (or rather uterus) in front of him, nor does he have to suffer to extreme pain of labor and birth.

But I do still he should have some rights. I would personally suggest that if the woman wants to have an abortion and the father doesn't want her to, she should have to pay a financial penalty to him as long as he also agrees that if he forces her to have the child when she doesn't want to then he must take and raise the child himself without requiring (although allowing if she changes her mind later) her to help care of the child.

But then that would get quite a few arguments itself, so while it is an idea I think worth considering I think it would ultimately fail in political circles.

Answer 6

Well, the Supreme Court says abortion is legal so there you are...you as a woman, have the right to say yes or no, as it should be. To Right-to-Lifers...Pro-choice means you can say no, too. I firmly believe it is up to the woman. With regard to the father...maybe you'll think twice about having unprotected sex next time (goes for you to ladies) or perhaps abstinence before marriage has its merits after all.

Answer 7

He does. He has the legal right to control whether a fetus is conceived. The mother has the legal right (within some restrictions) to control whether she must carry the fetus to term. A child who is born due to these decisions by its parents and who must therefore live in the world has a right to support by both parents, if they can be legally identified. Rights for everybody.

Answer 8

The abortion issue is a medical one, concerned with the physical body of the female involved. The only physical act involving the male in conception/child birth is the deposit of his sperm. His 'legal rights' are limited to that moment as to gestation and birth of the result.

Answer 9

I guess if you really want to get technical the guy has rights, but if you can find anyone to inforce that I'd like to know. Technically you don't even have to let the guy know you're pregnant. I don't know if a guy can insist that a girl has a baby if they don't want to, it's kind of a tangle. Honestly though I don't think the guy has any rights until the baby is actually born.

Answer 10

I agree with Rain. It is her body and no one should be able to force someone to do something with their body that they don't want to do. Once the baby is born it's a body that for the time being belongs to the two people who created it. Thus the father is part responsible for HIS child.