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9 Ohio N.U. L. Rev. 369 (1982)
The Father's (Lack of) Right and Responsibilities in the Abortion Decision: An Examination of Legal-Ethical Implications

handle is hein.journals/onulr9 and id is 385 raw text is: The Father's (Lack of) Right and Responsibilities in the Abortion Decision: An Examination of Legal-Ethical Implications MARSHALL B. KAPP* The liberalization of abortion laws in this country has had significant implications for men as well as women. Particularly, a number of ethical and legal issues have been raised concerning the rights and respon- sibilities of a father who had unsuccessfully attempted to persuade his child's mother to obtain an abortion during her pregnancy. The author ex- plores these issues and submits that in these circumstances the man should be absolved of any legal and financial responsibility for the child he has fathered. I. INTRODUCTION The ethical and legal implications of the subject of induced abortion have been debated at great length for many years. Recent changes in the substantive law and in normative ethical thought have intensified and re- directed much of this debate.' This article attempts to explore some of the ethical-legal ramifications of a largely neglected area, that of the father's rights and responsibilities in the abortion decision, in light of these re- cent developments. To establish a framework for facilitating a discussion of the specific issues which this article addresses, several assumptions must be made. It is proper to state these assumptions at the outset, since one of the characteristics of a moral dilemma, according to Ronald Green,' is that it be a matter subject to human control and action. The assumptions which are beyond the realm of human control, thus help to define those areas which are controllable and which are therefore amenable to being treated as moral issues. The relevant assumptions in this situation are: 1. During at least the first two trimesters of pregnancy, the deci- sion to abort a fetus belongs to the mother of that fetus and her doctor, and the state may not hinder or impede that decision. Put differently, the mother of a fetus is entitled to an abortion on demand during at least the first six months of pregnancy, free from governmental interference. This *Assistant Professor, Wright State University School of Medicine. Adjunct Pro- fessor, University of Dayton School of Law. B.A. Johns Hopkins University (1971); J.D. George Washington University (with honors 1974); M.P.H. Harvard University (1978). 1. See T. HILGERS, D. HORAN & D. MALL, PERSPECTIVES ON HUMAN ABORTION (1981); M. O'BRIEN. THE POLITICS OF REPRODUCTION (1981); L.D. WARDLE, THE ABORTION PRIVACY DOCTRINE (1980). 2. GREEN, POPULATION GROWTH AND JUSTICE: AN EXAMINATION OF MORAL ISSUES RAISED BY RAPID POPULATION GROWTH 3 (1976).

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