I do find it interesting that the notion of father’s rights have come up here. As one who just sat for my state’s bar exam, one of the issues that comes up is family law―and as a subtext to that termination of parental rights. That is, if the mother chooses to carry the fetus to term, but wants to give the child up for adoption, the father is required to relinquish his parental rights (via what is known as an affidavit for termination of parental rights).
If the father refuses to sign such an affidavit, the only other option the mother has at that point is to proceed with a potentially lengthy and expensive legal process for involuntary termination of the father’s rights. The reason I mention this is because it seems that the law provides for a denial of choice in one scenario, but not in the other.
Following the logic of some of the prior posts, that the father merely contributed the sperm, and didn’t go through all of the heart-ache, and physical alterations of carrying a fetus to term; it would seem to follow that the father’s say shouldn’t be sought in the scenario of releasing the child for adoption shortly after birth. (Alas, law likes to claim to be a field of logic; but nothing could be further from the truth.)
From the legal aspect, like no-fault divorce, Roe v. Wade released the court’s from having to punish women who underwent “illegal” abortions. It also assured that abortion procedures wouldn’t be conducted underground, thereby assuring that, to the greatest extent possible, the mother’s health was protected.
With respect to some of the concerns that have been voiced regarding the trimester system; interestingly, the Courts have actually addressed this. In Planned Parenthood v. Casey―upholding most parts of Roe―the court held that state legislatures could require women to submit to a waiting period, especially during the first trimester, to ensure she “really” desires to go forward with the abortion.
Where the law gets more dicey on this topic is late term abortions (the infamous topic of partial-birth abortions). The government has struggled to determine whether there is a legitimate medical need or not. Plus, from different moral perspectives, it begs the question of whether the fetus is still that, a fetus. Congress has attempted to severely limit access to such procedures, but I wouldn’t be surprised if we see a legal challenge to such limitations in the near future.
In my personal opinion, abortion is not an issue to be handled by courts or governments. It is an individual’s prerogative, and therefore cannot, and should not, be addressed by the halls of legislature, or the courthouse. The individuals directly involved should be the ones to make the decisions on such matters.
(Okay, I’m off my soap box now
).