Saturday, June 15, 2013

Is Forced Fatherhood Fair?

This weekend millions of Americans will happily celebrate the role that fathers play in their families. For some families, though — specifically those in which dad’s role was not freely assumed, but legally mandated — Father’s Day can be an emotionally complicated occasion. And that somewhat messy reality raises a question that is worth examining today as the very definition of parents and families continues to undergo legal and social transformation.

Women’s rights advocates have long struggled for motherhood to be a voluntary condition, and not one imposed by nature or culture. In places where women and girls have access to affordable and safe contraception and abortion services, and where there are programs to assist mothers in distress find foster or adoptive parents, voluntary motherhood is basically a reality. In many states, infant safe haven laws allow a birth mother to walk away from her newborn baby if she leaves it unharmed at a designated facility.

If a man accidentally conceives a child with a woman, and does not want to raise the child with her, what are his choices? Surprisingly, he has few options in the United States. He can urge her to seek an abortion, but ultimately that decision is hers to make. Should she decide to continue the pregnancy and raise the child, and should she or our government attempt to establish him as the legal father, he can be stuck with years of child support payments.

Do men now have less reproductive autonomy than women? Should men have more control over when and how they become parents, as many women now do?

The political philosopher Elizabeth Brake has argued that our policies should give men who accidentally impregnate a woman more options, and that feminists should oppose policies that make fatherhood compulsory. In a 2005 article in the Journal of Applied Philosophy she wrote, “if women’s partial responsibility for pregnancy does not obligate them to support a fetus, then men’s partial responsibility for pregnancy does not obligate them to support a resulting child.” At most, according to Brake, men should be responsible for helping with the medical expenses and other costs of a pregnancy for which they are partly responsible.

Few feminists, including Brake, would grant men the right to coerce a woman to have (or not to have) an abortion, because they recognize a woman’s right to control her own body. However, if a woman decides to give birth to a child without securing the biological father’s consent to raise a child with her, some scholars and policy makers question whether he should be assigned legal paternity.

by Laurie Shrage, NY Times |  Read more:
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