Paternal rights and abortion
Encyclopedia
The paternal rights and abortion issue is an extension of both the abortion debate
Abortion debate
The abortion debate refers to discussion and controversy surrounding the moral and legal status of abortion. The two main groups involved in the abortion debate are the self-described "pro-choice" movement and the "pro-life" movement...

 and the fathers' rights
Fathers' rights
The fathers' rights movement is a movement whose members are primarily interested in issues related to family law, including child custody and child support that affect fathers and their children. Many of its members are fathers who desire to share the parenting of their children equally with their...

 movement. Countries recognizing father's legal rights on abortion have laws requiring that the male who impregnated the pregnant female either consent
Consent
Consent refers to the provision of approval or agreement, particularly and especially after thoughtful consideration.- Types of consent :*Implied consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and...

 or be informed before she has an abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...

.

History

Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...

 allowed induced abortions but regulated it in consideration of the biological father. Emperor
Roman Emperor
The Roman emperor was the ruler of the Roman State during the imperial period . The Romans had no single term for the office although at any given time, a given title was associated with the emperor...

 Septimius Severus
Septimius Severus
Septimius Severus , also known as Severus, was Roman Emperor from 193 to 211. Severus was born in Leptis Magna in the province of Africa. As a young man he advanced through the customary succession of offices under the reigns of Marcus Aurelius and Commodus. Severus seized power after the death of...

 ruled circa 211 AD that a woman who had an abortion without consent from her husband should face exile
Exile
Exile means to be away from one's home , while either being explicitly refused permission to return and/or being threatened with imprisonment or death upon return...

 for having bereaved her husband of children.

In his speech Pro Cluentio
Pro Cluentio
Pro Cluentio is a speech by the Roman orator Cicero given in defense of a man named Aulus Cluentius Habitus Minor.Cluentius, from Larinum in Molise, was accused in 66 BC by his mother of having poisoned his stepfather, Oppianicus the elder; Cluentius was very unpopular in Rome because of rumors...

, delivered in 66 BC, Cicero
Cicero
Marcus Tullius Cicero , was a Roman philosopher, statesman, lawyer, political theorist, and Roman constitutionalist. He came from a wealthy municipal family of the equestrian order, and is widely considered one of Rome's greatest orators and prose stylists.He introduced the Romans to the chief...

 refers to a case he had heard of in which a woman from Miletus
Miletus
Miletus was an ancient Greek city on the western coast of Anatolia , near the mouth of the Maeander River in ancient Caria...

 was sentenced to death
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...

 for having aborted her pregnancy, upon receiving bribes
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...

 from those who stood to inherit
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...

 her husband's estate
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...

 if he produced no heir. Cicero said that in doing so she had "destroyed the hope of the father, the memory of his name, the supply of his race, the heir of his family, a citizen intended for the use of the republic".

A 4th century BC Greek
Greeks
The Greeks, also known as the Hellenes , are a nation and ethnic group native to Greece, Cyprus and neighboring regions. They also form a significant diaspora, with Greek communities established around the world....

 writer from Alexandria
Alexandria
Alexandria is the second-largest city of Egypt, with a population of 4.1 million, extending about along the coast of the Mediterranean Sea in the north central part of the country; it is also the largest city lying directly on the Mediterranean coast. It is Egypt's largest seaport, serving...

, Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...

, Sopater, quoted the lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...

 Lysias, who had referred to a trial in Athens
Athens
Athens , is the capital and largest city of Greece. Athens dominates the Attica region and is one of the world's oldest cities, as its recorded history spans around 3,400 years. Classical Athens was a powerful city-state...

 in which a man named Antigene accused his wife of having deprived him of a son by having an abortion.

Men and abortion in law

Whether a male has a legal right to advance his personal interest, whether it be toward abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...

, father
Father
A father, Pop, Dad, or Papa, is defined as a male parent of any type of offspring. The adjective "paternal" refers to father, parallel to "maternal" for mother...

hood, or adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...

, over that of the female partner in the relationship differs by region.

Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...

, Guinea-Bissau
Guinea-Bissau
The Republic of Guinea-Bissau is a country in West Africa. It is bordered by Senegal to the north, and Guinea to the south and east, with the Atlantic Ocean to its west....

, Iran
Abortion in Iran
Abortion in Iran has been the subject of controversy for many years.In 1978 abortion was first legalized.In April 2005, the Iranian Parliament approved a new bill easing the conditions by also allowing abortion in certain cases when the foetus shows signs of handicap,and the Council of Guardians...

, Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....

, Japan
Abortion in Japan
Abortion is de facto legal in Japan, with some limitations.Approved doctors can practice abortion to anyone who requests it, under the name of Socioeconomic Abortion stated in Maternal Health Protection Law...

, Republic of Korea, Kuwait
Kuwait
The State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...

, Malawi
Malawi
The Republic of Malawi is a landlocked country in southeast Africa that was formerly known as Nyasaland. It is bordered by Zambia to the northwest, Tanzania to the northeast, and Mozambique on the east, south and west. The country is separated from Tanzania and Mozambique by Lake Malawi. Its size...

, Morocco
Morocco
Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...

, Nicaragua
Abortion in Nicaragua
Abortion in Nicaragua is completely illegal. Prior to a change in the law, which took effect on 18 November 2006, the law allowed pregnancies to be terminated for "therapeutic" reasons, but this clause is no longer in effect.-Abortion law in Nicaragua:...

, Saudi Arabia
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...

, Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....

, Turkey
Abortion in Turkey
Abortion in Turkey is legal until the 10th week after the conception. The woman's consent is required. If the woman is married, the consent of the husband is also required. Single woman over the age of 18 can choose to have abortion on their own.-See also:...

, and the United Arab Emirates
United Arab Emirates
The United Arab Emirates, abbreviated as the UAE, or shortened to "the Emirates", is a state situated in the southeast of the Arabian Peninsula in Western Asia on the Persian Gulf, bordering Oman, and Saudi Arabia, and sharing sea borders with Iraq, Kuwait, Bahrain, Qatar, and Iran.The UAE is a...

 all have laws which require that an abortion first be authorized by the woman's husband. However, in some countries, this stipulation can be bypassed or overridden if there is genuine concern for maternal health.

Since Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...

, some states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 have attempted to enact laws requiring spousal notification or consent. All of these laws have been ruled unconstitutional, spousal consent in the 1976 decision Planned Parenthood v. Danforth and spousal notification in the 1992 decision Planned Parenthood v. Casey
Planned Parenthood v. Casey
Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 was a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state regulations regarding abortion were challenged...

.

Legal cases

In China the husband of a woman who had an abortion filed a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...

 against her in 2002 under a law intended to grant sexual equality in terms of childbearing
Sexual reproduction
Sexual reproduction is the creation of a new organism by combining the genetic material of two organisms. There are two main processes during sexual reproduction; they are: meiosis, involving the halving of the number of chromosomes; and fertilization, involving the fusion of two gametes and the...

 and contraceptive
Birth control
Birth control is an umbrella term for several techniques and methods used to prevent fertilization or to interrupt pregnancy at various stages. Birth control techniques and methods include contraception , contragestion and abortion...

 decisions. The law stated that a woman has no overriding priority over her spouse in deciding whether to have a child.

A number of legal case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...

s have arisen in the Western world in which men have tried to prevent women with whom they had been sexually active from obtaining an abortion, all of which failed:
  • 1978: William Paton of Liverpool
    Liverpool
    Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...

    , United Kingdom
    United Kingdom
    The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

     attempted to stop his separated wife, Joan, from undergoing an abortion in the 1978 case Paton v. Trustees of British Pregnancy Advisory Service Trustees. A judge ruled in his wife's favour and Mr. Paton's later request for a hearing before the European Court of Human Rights
    European Court of Human Rights
    The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

     was also denied.
  • 1987: Robert Carver of the United Kingdom tried to prevent an abortion in the 1987 case C v. S. He claimed that the Infant Life (Preservation) Act applied to the fetus, as, at the time, his ex-girlfriend was 21 weeks along. When the High Court of Justice
    High Court of Justice
    The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...

     and the Court of Appeal
    Court of Appeal of England and Wales
    The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...

     dismissed the case, it was brought before the House of Lords
    House of Lords
    The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

    , where three Law Lord
    Judicial functions of the House of Lords
    The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...

    s sided with the earlier decisions. The entire legal process took 36 hours, as the Health Authority refused to allow an abortion before a decision was reached, making it one of the fastest cases in the history of British law
    Law of the United Kingdom
    The United Kingdom has three legal systems. English law, which applies in England and Wales, and Northern Ireland law, which applies in Northern Ireland, are based on common-law principles. Scots law, which applies in Scotland, is a pluralistic system based on civil-law principles, with common law...

    . Nonetheless, the woman involved chose to carry the pregnancy to term and gave the baby
    Infant
    A newborn or baby is the very young offspring of a human or other mammal. A newborn is an infant who is within hours, days, or up to a few weeks from birth. In medical contexts, newborn or neonate refers to an infant in the first 28 days after birth...

     to Carver.
  • 1989: Jean-Guy Tremblay of Quebec
    Quebec
    Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....

    , filed an injunction
    Injunction
    An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...

     against his girlfriend, Chantal Daigle, in attempt to prevent her from obtaining an induced abortion in the 1989 Canadian
    Canada
    Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

     case Tremblay v. Daigle
    Tremblay v. Daigle
    Tremblay v. Daigle [1989] 2 S.C.R. 530, was a decision of the Supreme Court of Canada in which it was found that a fetus has no legal status in Canada as a person, either in Canadian common law or in Quebec civil law...

    . The Supreme Court of Canada
    Supreme Court of Canada
    The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

     ultimately ruled that there was no precedent for a man's right to protect his "potential progeny", as a fetus
    Fetus
    A fetus is a developing mammal or other viviparous vertebrate after the embryonic stage and before birth.In humans, the fetal stage of prenatal development starts at the beginning of the 11th week in gestational age, which is the 9th week after fertilization.-Etymology and spelling variations:The...

     was not found to have a right to life
    Right to life
    Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...

     under the Quebec Charter of Human Rights and Freedoms
    Quebec Charter of Human Rights and Freedoms
    The Charter of Human Rights and Freedoms is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975...

    .
  • 2001: Stephan Hone of Coventry
    Coventry
    Coventry is a city and metropolitan borough in the county of West Midlands in England. Coventry is the 9th largest city in England and the 11th largest in the United Kingdom. It is also the second largest city in the English Midlands, after Birmingham, with a population of 300,848, although...

    , United Kingdom, unsuccessfully attempted to prevent his former girlfriend Claire Hansell from having an abortion.

Controversy

A man's rights relating to a woman’s decision to abort a fetus are the subject of considerable debate. Advocates of father's rights and members of the men's movement
Men's movement
The men's movement is a social movement that includes a number of philosophies and organizations that seek to support men, change the male gender role and improve men's rights in regard to marriage, child access and victims of domestic violence...

 often argue that the valuing of maternal over paternal rights in many Western nations is an example of sexual discrimination
Sexism
Sexism, also known as gender discrimination or sex discrimination, is the application of the belief or attitude that there are characteristics implicit to one's gender that indirectly affect one's abilities in unrelated areas...

.

Those who support a man's right to direct involvement argue that it is unreasonable that women are often given more options with regard to pregnancy
Pregnancy
Pregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...

 and parenthood than men. Parenting authority Armin Brott has said of this, "A woman can legally deprive a man of his right to become a parent or force him to become one against his will". As a result, men’s rights advocates such as Daniel Conley have argued that men should have veto power over their partners’ decisions to abort. Similarly, Philosopher George W. Harris has written that, if a man impregnates a woman with the explicit goal of having a child, in a manner that is mutually consensual, then it would be morally unacceptable for that woman to later have an abortion.

However, bioethicist Jacob Appel has pointed out that “if one grants a man veto power over a woman’s choice to have an abortion in cases where he is willing to pay for the child, why not grant him the right to demand an abortion where he is unwilling to provide for the child? In reference to those cases in which men who do not desire to become fathers have been required to pay child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...

, Melanie McCulley, a South Carolina attorney, in her 1998 article, "The Male Abortion: The Putative Father's Right to Terminate His Interests in and Obligations to the Unborn Child," set forth the theory of the "male abortion," in which she argues that men should be able to terminate their legal obligations to unwanted children.

Those who object to men having a right to direct involvement argue that because it is the woman who carries the couple's unborn baby, her determination for or against abortion should be the definitive one. Marsha Garrison, a professor at Brooklyn Law School
Brooklyn Law School
Brooklyn Law School is a law school located in Brooklyn Heights, in Downtown Brooklyn, New York.-History:Founded in 1901 by William Payson Richardson and Norman P. Heffley, Brooklyn Law School was the first law school on Long Island. Using space provided by Heffley’s business school, the law...

, stated that U.S. courts acknowledge "that embryo is in the woman's body, it is within her and can't be separated from her, so it's not just her decision-making about whether to bear a child, it's about her body". However, many equal rights activists point out some feminists groups expect men to support a woman's decision to keep or terminate a pregnancy, while ignoring his decision to abolish financial responsibilities of the child if he deems fit. In some cases, men that have been statutorily raped by women have been forced to pay child support to their rapists.
A 2002 United States Gallup
Gallup
Gallup can refer to:*Gallup, New Mexico*Gallup, South Dakota *George Gallup, American pollster*Elizabeth Wells Gallup, American educator and scholar...

 special report mentions only 38% of the population being opposed to requiring the consent of the husband of a married woman for an abortion. In a 2003 Gallup poll, 72% of respondents were in favor of notification to the husband, with 26% opposed; of those polled, 79% of males and 67% of females responded in favor.

See also

  • Abortion
    Abortion
    Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...

  • Abortion debate
    Abortion debate
    The abortion debate refers to discussion and controversy surrounding the moral and legal status of abortion. The two main groups involved in the abortion debate are the self-described "pro-choice" movement and the "pro-life" movement...

  • Abortion law
    Abortion law
    Abortion law is legislation and common law which pertains to the provision of abortion. Abortion has been a controversial subject in many societies through history because of the moral, ethical, practical, and political power issues that surround it. It has been banned frequently and otherwise...

  • Dubay v. Wells
  • Equalism
  • Father's rights movement
  • Gender equality
    Gender equality
    Gender equality is the goal of the equality of the genders, stemming from a belief in the injustice of myriad forms of gender inequality.- Concept :...

  • Legal protection of access to abortion
    Legal protection of access to abortion
    Governments sometimes take measures designed to afford legal protection of access to abortion. Such legislation often seeks to guard facilities which provide induced abortion against obstruction, vandalism, picketing, and other actions, or to protect patients and employees of such facilities from...

  • Masculism
    Masculism
    Masculism may refer to political, cultural, and economic movements aimed at establishing and defending political, economic, and social rights and participation in society for men and boys. These rights include legal issues, such as those of conscription, child custody, alimony, and equal pay for...

  • Men's liberation
    Men's liberation
    The consciousness and philosophy of men's liberation is split into two factions. One is critical of the restraints which a patriarchal society imposes on men. This faction is informed by feminism. The other, critical of the restraints matriarchal society imposes on men, is informed by masculinism...

  • Men's movement
    Men's movement
    The men's movement is a social movement that includes a number of philosophies and organizations that seek to support men, change the male gender role and improve men's rights in regard to marriage, child access and victims of domestic violence...

  • Men's rights
    Men's rights
    Men's rights is an umbrella term, encompassing the political rights, entitlements, and freedoms given or denied to males within a nation or culture....

  • Men's studies
    Men's studies
    Men's studies, sometimes called masculinity studies, is an interdisciplinary academic field devoted to topics concerning men, masculinity, gender, and politics...

  • Minors and abortion
  • Paternity fraud
    Paternity fraud
    Paternity fraud refers to a paternal discrepancy or a non-paternity event, in which a mother names a man to be the biological father of a child, particularly for self-interest, when she knows or suspects that he is not the biological father. The term entered into common use in the late 1990s. It...

  • Planned Parenthood v. Casey
    Planned Parenthood v. Casey
    Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 was a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state regulations regarding abortion were challenged...

  • Reproductive rights
    Reproductive rights
    Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health. The World Health Organization defines reproductive rights as follows:...

  • Tremblay v. Daigle
    Tremblay v. Daigle
    Tremblay v. Daigle [1989] 2 S.C.R. 530, was a decision of the Supreme Court of Canada in which it was found that a fetus has no legal status in Canada as a person, either in Canadian common law or in Quebec civil law...


  • External links

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