When it comes to making abortion decisions, women have the final say. No state allows a father the right to stop or prevent an abortion that he does not want, nor to force one that he does. The laws governing abortion are complicated and subject to new legislation and court cases, so always consult a qualified attorney if you need legal advice about your rights.
Right to Persuade
As a father, potential father or merely an interested party to an abortion, you have no rights in deciding if the mother goes through with an abortion. The only right you have is the right to speak with the mother about the abortion. You can try to persuade her not to go through with it, seek counseling before she decides, consult others and in general talk to her about the abortion, but you do not have the legal right to stop her or prevent her from carrying out an abortion if she chooses to do so.
Right to Support
Abortion is a traumatic experience, and can affect the mother and the father. Although you cannot stop the abortion process, you can support the mother in the decision making process. Even if you have no opinion about whether she should proceed with the abortion, you can provide financial and emotional support to her in this difficult period. If you do not want her to carry out the abortion, your support can provide a means of persuasion, proving your desire to care for her and the child.
Rights of Fatherhood
The only legal rights a father gets take effect once a child is born. For example, if the mother sets out to get an abortion but later changes her mind and decides to give the child up for adoption, the father is not left out of the loop. Once the child is born, the father, or any purported father, has the right to ask a court for scientific testing to determine who the child's father is, known as paternity. Once a court grants the father paternity rights, the father then has the right to raise, care for and provide for the child through custody and child support rights.
References
- The New York Times: The Right to Be a Father (or Not); Pam Belluck; 2005
- Bloomsburg University: Abortion and Father's Rights; Steven D. Hales
- Child Welfare Information Gateway: The Rights of Presumed (Putative) Fathers: Summary of State Laws
- Legal Assistance of Western New York: Child Custody and Visitation Rights in New York
