Fathers Abortion and Parental Rights Harvard Case Solution & Analysis



It has been observed that parenthood not only includes the parents, which means the father and the mother only, but also includes the children as well. However, the rights associated with each of these individuals differ a great deal. Fathers have a different right as compared to the mothers as far as parenthood is concerned and the equality of these rights is a concern. Fathers have a different value, which they receive in parenthood but this value is not equal to the value received by the female partner or the mother[1].

As far as the abortion is concerned the say of father has been neglected thoroughly from time to time and no specific arguments have been presented to cater this issue. The observations and the incidents clearly states that the abortion is only catering the say of the mother and is only concerned at the child and the mother. The rights of the mother and the child are put forward and kept at notice while dealing with the issue of abortion[2].

However, the say of the father and the rights belonging to the father in case of abortion are deeply neglected and ignored. Fathers also have a point to present and have a say that needs to be adhered, but the current scenario clearly exhibits that the rights of the father are discussed very rarely and even the discussion is not of intenseconcern as the rights are being ignored on a regular basis[3].

The major conflict and the clear distribution and negligence of the fathers’ rights during the case of abortion occurs when the father is aiming to have an abortion and in that regards is trying to convince the mother. However, the conflicting situation occurs when the mother refuses to put any thinking consideration to the right of the father and rejects to follow the desire of the father and do not consider abortion[4].

Nonetheless, there is another case when the father wants to have a baby and the mother refuses to agree on the wish of the father. This also transgresses the rights of father as the father has the say in law but the right is not being considered properly and is ignored thoroughly. This is the reason why in different countries different laws have been established to serve the rights of the fathers in this regard and provided them with a legal support to establish their word[5].

The Chinese law clearly states that the father has an equal say in case of the abortion and the rights belonging to the father are equal with the rights of the female partner. Thus, a female cannot pursue any decision of having a baby or abortion without consulting and taking permission form the male partner. On the other hand, incidents have happened in the country that clearly exhibits the law being practiced thoroughly in the country[6].

The male partner has the feasibility of penalizing the female partner to pursue with any decision of abortion or having a baby without taking his opinion into consideration[7]. This cannot be ignored and neglected without a mutual consent and the absence of mutual consent can lead to significant charges.

Different authors have presented different definitions of abortion but the majority states on one common and that is known as termination or death of the pregnancy once the fetus becomes viable or apparent. The termination occurs in order to stop pregnancy form stepping to the next stage and is the opposite to mis charge in which the fetus termination occurs without any consent or through an act of God[8].Fathers Abortion and Parental Rights Case Solution

This is the medical terminology or the definition of the process and in legal terms it is known as induced abortion in which the permission or mutual consent is there[9]. In order to terminate the pregnancy different techniques are used depending upon the stage of pregnancy. However, there are some other factors that also influence this decision, which include the condition and the needs of the patients and the policies of the institution or the hospital or clinic in which the abortion will take place..................

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