scosher said:Personally, I think an opt-out system that allows a man to record his objection to a pregnancy, before the fetus becomes viable, and thereby waiving any obligation to pay child support or any future custody/visitation rights is a fair system. If the woman can't financially support her child without the biological father's support, then an opt-out policy will simply add a new layer to her decision on whether to have an abortion or, if she's pro-life, put the child up for adoption.
An opt-out system doesn't mean the man is "forcing" the woman to have an abortion or even to proceed with the pregnancy if the woman instead doesn't want the baby. There's no invasion of body autonomy here.
The reality is, though, an opt-out system will never exist in today's society, because unlike Roe v. Wade, an opt-out system would have to be legislated by statute. Roe v. Wade, on the other hand, was a court decision that's been upheld for 30+ years respecting a woman's fundamental right to privacy. And considering how hotly contested abortions themselves are in our political environment, there is pretty much no chance an opt-out system gets put into statute.
Except maybe in California.
Dubay and Wells began dating in 2004. Dubay maintains that he made it clear to Wells that he was not interested in being a father and that Wells reassured him that she could not get pregnant because she was using contraception and because she had physical conditions that prevented pregnancy.[1] After they stopped dating, Wells informed Dubay that she had become pregnant. Although the two discussed adoption, Wells ultimately decided to have the baby and pursued child support payments from Dubay. Dubay was ordered to pay $475 per month plus half of the baby's health care expenses by Saginaw County Circuit Judge Patrick McGraw. The National Center for Men agreed to take Dubay's case and challenge the child support order.
On March 9, 2006, the National Center for Men challenged the child support order in District Court. Michigan's Attorney General made a motion to have the case dismissed, and on July 17, 2006, District Court Judge David M. Lawson agreed and dismissed Dubay's lawsuit.[4] The National Center for Men appealled the case to the United States Court of Appeals for the Sixth Circuit on May 14, 2007. Oral arguments began September 10, 2007, and in November the appeals court affirmed the District court decision, noting precedent stating that "the Fourteenth Amendment does not deny to [the] State the power to treat different classes of persons in different ways."[5]
Melanie McCulley, a South Carolina attorney coined the term male abortion in 1998, suggesting that a father should be allowed to disclaim his obligations to an unborn child early in the pregnancy.[80] Proponents hold that concept begins with the premise that when an unmarried woman becomes pregnant, she has the option of abortion, adoption, or parenthood; and argues, in the context of legally recognized gender equality, that in the earliest stages of pregnancy the putative (alleged) father should have the same human rights to relinquish all future parental rights and financial responsibilityleaving the informed mother with the same three options.
McCulley states:
'When a female determines she is pregnant, she has the freedom to decide if she has the maturity level to undertake the responsibilities of motherhood, if she is financially able to support a child, if she is at a place in her career to take the time to have a child, or if she has other concerns precluding her from carrying the child to term. After weighing her options, the female may choose abortion. Once she aborts the fetus, the female's interests in and obligations to the child are terminated. In stark contrast, the unwed father has no options. His responsibilities to the child begin at conception and can only be terminated with the female's decision to abort the fetus or with the mother's decision to give the child up for adoption. Thus, he must rely on the decisions of the female to determine his future. The putative father does not have the luxury, after the fact of conception, to decide that he is not ready for fatherhood. Unlike the female, he has no escape route'.McCulley's male abortion concept aims to equalize the legal status of unwed men and unwed women by giving the unwed man by law the ability to 'abort' his rights in and obligations to the child. If a woman decides to keep the child the father may choose not to by severing all ties legally.
The legal concept was tried in Dubay v. Wells and was dismissed. This was not surprising, since legislation in the various jurisdictions currently sets forth guidelines for when child support is owed as well as its amount. Accordingly legislation would be required to change the law to implement McCulley's concept.
So who knows, if it's found that the 14th amendment does "deny to [the] State the power to treat different classes of persons in different ways."