A Proposition Regarding Abortion and Parental Rights and Obligations

A Proposition

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varelse

Rookie
Oct 30, 2012
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So I've been thinking about an idea proposed by another member, reflecting on its various implications, and I have the following proposal:

(1)A woman, upon becoming aware of a pregnancy, has 30 days or until of the first trimester to send Notification of Pregnancy and Potential Paternity to any 'candidates' for fatherhood. She may do this by presenting him with paperwork in person or through 'serving' him in a traditional sense, the latter giving her greater protection.
The thirty days part would be difficult to enforce, I imagine the point would only come into question if she attempted to notify a man 11 weeks in, in which case he can then attempt to argue she has delayed notification, if he wishes to do so before a judge.

(2)A man, once notified, has 30 days or (in the event it can be shown he is aware the pregnancy is more than 60 days in) until the end of the first trimester to reply with a Declaration of Intent Regarding Paternity, selecting one of the following options:

-(A) I will accept responsibility for the child if paternity is proven
In this case, he's on the hook if he's the father, and he must submit to a paternity test if requested by the mother as part of an attempt to hold him responsible for the child

-(B) I accept full responsibility for the child, regardless of paternity
In the event that he's not the father, this constitutes legal adoption of the child, with all rights and responsibilities entailed thereby

-(C) I declare no intent to assume responsibility for any live birth and terminate all parental rights in the event of paternity
Basically, no responsibility, no right top demand to nbe in the child's life later



I don't think paperwork should be required to be filed in the courts, unless they would be sealed and only to be viewed as a part of sealed child support hearings or custody hearings, to limit potential for abuse of the information by parties involved or by outside parties. All parties would be wise to keep a copy of the documentation, which will be signed and notarized, in case they need it for legal hearings regarding custody or support later.

The mother then has until the end of the third trimester (as is currently federally guaranteed, at least in theory) to determine whether to proceed, knowing whether or not to expect support from the man in question. If he selects option A and is not the father or he selects C, and she chooses to continue with the pregnancy, she accepts full responsibility for providing for the child.

If a man can be shown to have been notified (hence why having the papers served is a good idea) and fails to respond, he is assumed to have selected option A. If a woman fails to notify the biological father, he cannot be held to account. Also, by having the papers served, a man can show attempt to reply, in the event the mother somehow evades notification, thereby covering his own. If she cannot reach a potential father because he has left already, then that's clearly a case of C.

Women retain full control of their bodies and of pregnancy, accepting responsibility for their decision, while holding men to account if they skip out after giving them cause to expect support. Her body, her informed choice, her responsibility if she chooses single motherhood.

Men are given a very simple choice: accept responsibility or surrender any rights to the child.
 
A well though out proposal. Unfortunately, it penalizes the child for the actions/decisions of the parent(s).
 
Just so we're clear... what problem is this supposed to solve?
 
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A well though out proposal. Unfortunately, it penalizes the child for the actions/decisions of the parent(s).
Nature does so, not the law. If a woman is unable to identify the father- see half of the Maury episodes ever made- the same thing results. Also if a parent dies or if the parents are simply lazy good-for-nothing parasites leeching off society while CPS lacks the resources or authority to get involved if the child isn't being beaten or starved.

If anything, the knowledge that they'd be on their own will hopefully discourage single motherhood, thereby reducing the number of children dependent on government assistance. Taking measures to deny them assistance and forcing them to be truly responsible for their decision to half a child outside a committed relationship without means to support a child, in the hopes of disincentivizing such behavior and lowering its instance- is another discussion.
 

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