Roe v. Wade for Men
March 26th, 2006When a women gets pregnant, there is a defined period during which she can make a choice about what to do with the baby - raise the child, put the child up for adoption, or have an abortion. However, as the law stands right now, men don’t have any say into that choice, yet the women’s choice will have a dramatic impact on his life for decades to come.
In Michigan, a lawsuit has been commenced to challenge this. Matt Dubay of Saginaw, Michigan was ordered to pay $500 per month in child support for a girl born last year to his ex-girlfriend. Mr Dubay states he told her many times that he did not want a child and also that his ex assured him repeatedly that because of a physical condition she could not get pregnant.
The argument, which I agree with, is that men should have the same rights as women do to terminate parental responsibility for an unwanted child as women currently do either through abortion or adoption.
As most people seem to concentrate on the hot button issue of abortion it’s important to emphasize the adoption side of it - a woman can at any time voluntarily end all financial and other responsibility for a child by giving the child up for adoption. Most people do not find it morally repugnant that a woman wants to put a child up for adoption - nor would they demand that once the adoption has occurred, the woman pay child support because she is the biological parent.
Opponents of giving men choice have several arguments that on closer examination don’t really hold much water. Let’s take a look at them.
1. This is just an excuse for men not to pay child support. I’m sure for some men that’s true, but there are a lot of reasons why someone may not want a child other than paying child support. In any event, this really just begs the issue. Before a child is born, the law gives women a choice (abortion) as to whether they want to be financially responsible for a child. After a child is born, the law gives women a choice (adoption) as to whether they want to be financially responsible for a child. Why should men be denied these choices?
2. The best interests of the child. This argument is basically that we should be concerned with what’s best for the child, not the parents, and the more money there is to raise the child, the better. Well, some of the most dysfunctional families I’ve seen in my practice are the wealthy ones, so I don’t even agree that more money = a better childhood.
But let’s leave that concern for another day and assume that more money is better for a child. In making any other decision in her life, the mother needs to consider her financial resources. Why should this be different - if you want a child and can’t afford it, why should you be allowed to coerce someone else to pay for it. Hey, I want the largest house in the best part of town, and I know that would be best for my child - perhaps someone should be forced to pay for that. After all, it’s all in my boy’s best interests.
I’d also point out that as a society we don’t obligate sperm donors to pay child support. The only practical difference in the child’s life between Mr Dubay and a sperm donor is that Mr Dubay is not anonymous.
I also find it a bit hypocritical that the best interests of the child are brought in at this stage - after all this is the stage at which the woman has the right to decide whether the child should be conceived or not. If it really is all about the best interests of the child, then abortion would need to be prohibited in all but a few extreme cases.
3. False comparison between men and women. This argument is basically that deciding whether to have an abortion or whether to put a child up for adoption are very different decisions than deciding whether to pay child support. But it’s not really. In deciding whether to have an abortion or whether to put a child up for adoption the woman is essentially deciding whether she wants to take on responsibility — including financial responsibility — for a child. All that’s being asked for is that a man has the same opportunity, during the same time period, to decide whether he wants to take on responsibility – including financial responsibility – for a child.
4. Men should keep their pants zipped. OK, this is really the silliest argument I’ve seen. Last time I checked (and high school biology was a long, long time ago) it takes two to create a child. Yes, obviously sex can lead to children, but again that begs the issue. The issue is that once pregnancy has occurred, there is a huge discrepancy in the rights and choices that a man has and the rights and choices that a woman has.
People say Dubay should “step up and be a man” even though he doesn’t want parental responsibility. Would they say the same thing to his ex if she put her child up for adoption? Would they say that a woman who puts her child up for adoption should “step up and be a woman” and pay child support? Or, what if the roles had been reversed and Dubay lied to his girlfriend that he had a vasectomy and as a result she got pregnant - would she be demonized by people who are pro-choice that she was wrong to get an abortion? Double standards die hard.



March 26th, 2006 at 2:01 pm
Excellent post and great follow up to the original story.
April 23rd, 2006 at 11:48 pm
Well as a woman I would love to have a choice what to do with a pregnancy that doesn’t involve a surgical procedure, giving birth or having to raise the child. Perhaps I would like something where I just sign something on paper and it is as if the pregnancy didn’t happen. Oh wait that doesn’t exist for us women. I guess in some of these cases if this goes through men will be able to just walk away with their decision while us women will bear the financial, emotional and physical ramifications of these unplanned pregnancy.
When a couple makes a decision to have sex - safer or not they take the risk that a child will be conceived.I know 3 babies who are the result of vasectomies that didn’t work and one tubal ligation that didn’t take as well.
The woman is given the choice because she is the one who carries that future life inside her. She is the one who will have to give birth or go through the surgical procedure.If the woman chooses to give the child up for adoption does the man not have a say- does he not have to sign away his parental rights at the same time? Can he choose to go for custody then?
When they come up with something that I can just sign away my pregnancy and it didn’t exsist then I think men should be allowed the same.
April 24th, 2006 at 9:40 am
Hi Jenny,
Thanks for your comments.
I agree with you regarding the issue of abortion and it’s somewhat unfortunate that the media has styled this case as “Roe v Wade for men.” That’s because I think the arguments regarding adoption are much more compelling (and as you point out, the issue of abortion raises a whole lot of other complex questions).
Since writing this I’ve also learned that many American states have what are known as “Safely Surrendered Baby Acts.” See for instance, the California government’s information page about this here:
http://www.babysafe.ca.gov/res/pdf/SSBFactSheet.pdf
Under these Acts, a woman can simply surrender a baby at a hospital, fire station, police station, etc. with no questions asked. If she does this, she has no responsibility for the baby. Yet a man does not have the choice to do this.
April 26th, 2006 at 11:01 am
I suspect most of these babies that are surrendered are either very young mothers( I am a nurse - I’ve seen 12 year old coming into the hospital with possible appendicitis - turns out they are in labour! and unaware they are pregnant) or Other women concealing their pregnancies. This program was really implemented to stop the “garbage pail” babies. The ones women deliver in private and toss. Sad but this is an necessary alternative and a choice for those women who feel they have no other choices.
The father really has very few rights if the mother doesn’t identify him as the father and he is unaware she is pregnant either. You can’t do much about this - the nature of the fact that once the sperm meets the egg the man really doesn’t know what happens next unless he is involved in that woman’s life. Doesn’t child support usually start when he is aware of the child as opposed to once that child is born if he is unaware of the pregnancy?
April 27th, 2006 at 12:25 am
[...] In her comments on my post about the so-called Roe v. Wade case for men, Jenny raises a number of interesting questions about what rights and responsibilities an unwed father in Canada has in regards to his unborn children when he is no longer in a relationship with the mother. [...]
May 2nd, 2006 at 10:03 am
Nice job on this story.
April 22nd, 2010 at 1:42 am
?????, ????????? ?????….
? ?????? ??????? ????? ?? ????? ????? However, as the law stands right now, men don’t have any say into that choice, yet […….
May 4th, 2010 at 8:35 pm
? ???????? ? ????, ??????? ?? ??????????. ??? ?????? ??? ?????????? ??????….
?????? ? ??????????????? ???????? ???????? ? ?????? However, as the law stands right now, men don’t have any say into that choice, yet […….