A friend of mine was intimately involved with a woman for about three or four monthes. He is a very cautious person and always uses protection, with spermicide. About a week or so ago, she told him she was pregnant. Come to find out she in 16 weeks pregnant! Now he doesn't believe it's his and is in no way prepared to be a parent emotionally or finacially and they agreed it would be best for both of them to abort the baby. But yesterday she changed her mind and says she wants to keep it. He does not want this baby. He was not dating this woman. And he does not love her. He believes she is trying to trap him in to being with her. What legal rights does he have? He does not want this woman putting him on child support for a baby he didn't ask for. Shouldn't he have a say as to whether or not she keeps the baby? And if not, how is it fair for her to get child support from him when she is the one who is making the decision to keep it?
2007-05-10 13:13:43 · 5 answers · asked by Moneymaka 2 in Politics & Government ➔ Law & Ethics
I'm assuming by your question that you are pro-choice. If I'm right, then you obviously believe in a woman's right to choose. You can't have it both ways. Either it is a woman's right to choose to abort or not, or it isn't. If it is her choice, then it isn't his.
Legally, he can request a paternity test after the baby is born before paying child support. However in some states (mine included) if a man and woman are married when a baby is born then the law automatically presumes that the baby belongs to the husband. So tell him not to marry her if he does not believe that the baby is his.
2007-05-10 14:26:40 · answer #1 · answered by LawDawg 5 · 0⤊ 1⤋
It may not seem fair, but a woman's reproductive rights are absolute. He has no say as to whether or not she keeps the child and if it is in fact his, she can and honestly should seek child support from him. One must remember that even with spermicide, condoms are not 100% effective. The best options for him now would be to 1) petition a court for a DNA test to prove paternity (if the mother will not allow for it willingly) and 2) if he is in fact the father, the only way he can hope to escape child support is to convince the mother to agree to placing the child up for adoption. I would recommend to both the parents, that if they are incapable of caring for the child emotionally and/or financially that they consider adoption. There are literally thousands, if not tens of thousands, of couples who can provide for the needs of a child but for whatever reason can not have one of their own. Good luck to your friend and more importantly the child.
2007-05-10 20:34:38 · answer #2 · answered by G 2 · 1⤊ 0⤋
get a dna test done. it can be done at 16 weeks.
if its his, then he is responsible for the care and delivery of the child; and no he has no say over if she should keep the baby or not . and he'd be in a very bad situation because she can now go after him for child-support.
as for his rights, once he had sex with the woman, that means he was willing to take the consequences of doing so. If that means she got pregnant, he is responsible.
if he didn't want a baby, he should not have sex. period.
2007-05-10 20:19:22 · answer #3 · answered by arus.geo 7 · 1⤊ 1⤋
all he can do is get a paternity test, but he'll probbaly have to wait until the baby's born b/c they need a sample of the amnitotic fluid and the mother would have to consent to an amniocentesis...I think it's so sad when women trap men into a relationship...I think a man should have an active role in whether or not a baby is aborted but unfortunetly it's not the law
2007-05-10 20:29:39 · answer #4 · answered by Kquestion 2 · 1⤊ 1⤋
What a cop out.... Don't play with matches if you don't want fires. How about your "friend" take some responsibilities for his actions?
2007-05-10 20:27:01 · answer #5 · answered by lordkelvin 7 · 2⤊ 1⤋