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A paper abortion refers to the concept that a biological father can legally remove himself from the life of his unborn child by signing away his parental rights and responsibilities. This idea, sometimes called a financial abortion or statutory abortion, focuses on ending a father’s legal obligations before the child is born. Normally, fathers have both rights and duties, the most important being the duty to provide financial and material support once the child arrives. In theory, a paper abortion would release the father from these legal responsibilities before birth.
In many ways, this is a concept that may seem distasteful. Being able to raise a child that you helped to create is the most critical and central issue when it comes to our world. In many ways, the strength of the society is based on the strength of its families. However, there are various situations where it may be a consideration for a man to attempt to remove himself from any specific parenting role or responsibility. This controversial topic is one that we will consider in today’s blog post from the Law Office of Bryan Fagan.
What is a paper abortion?
A paper abortion is based on the idea that a man should have the same options as a woman when it comes to choosing whether to take part in the raising of a child. The idea is that women can have an abortion whereas men do not have the opportunity to control the process involved with gestating and giving birth to a human. As such, women can choose to give birth to a child that the father may not want. This puts a father in a position where he may be raising a child or be responsible for raising a child that he would prefer not to. This is not to say that this is a desirable or pleasant way to approach the concept of parenthood, but it is the reality for some couples.
Paper Abortions and the Debate on Gender Equality in Parenting
We hear a lot about equality of the sexes and gender equality in our national conversations. There is a supposed and much-maligned pay gap between men and women that politicians are forced to talk about every so often when it is election time. The consensus is that men and women should be treated equally as much as possible and that the opportunities to have autonomy over certain areas of their lives should be afforded in the same amount to men and women.
Paper abortions take this concept to the next level and present an argument that a father should be able to relinquish his parental rights and absolve himself of any financial responsibility concerning that child in the early stages of pregnancy. The father could inform the mother that this is the decision that he will be making. A mother would still be able to decide whether to give birth to the child and raise the child as their own, give birth, and then give the child up for adoption, or to abort the child. This idea of a paper abortion would be a situation in contrast to what fathers go through currently.
The Legal Reality and Debate Over Paper Abortions in the U.S.
The current law in the United States is that there is no way to engage in a paper abortion from a father’s perspective. If you are a man who impregnates a woman, then you will be responsible, from a financial perspective, for raising that child. It doesn’t matter if you were married to the woman who gave birth or if you had no relationship at all with the woman. There would be no avoiding this circumstance and you would be responsible at least for the financial well-being of that child moving forward.
Arguments surrounding paper abortions began to circulate towards the end of the 20th century. The basics of an argument in favor of paper abortions are that a potential mother can assess her willingness and capabilities surrounding raising a child. She can assess her current situation and whether she thinks that raising a child would be conducive to her present circumstances. This allows her a certain period to make an assessment and then determine what option she would like to take. One of these considerations is whether she is financially able to raise the child. Other considerations would be the time necessary to raise a child, the living circumstances she has as well as her employment.
The Father’s Limited Role in Pregnancy Decisions
On the other hand, if the mother wants to give birth to the child a putative father would not be in the same position to be able to assess whether he has the wherewithal to raise the same child. All the considerations that we just talked about concerning a potential mother would not be afforded to a father. If you’re a father who is informed that a significant other or partner is pregnant then at best, you would be able to have a discussion with her about whether to give birth to the child. Alternately, it is her decision whether to give birth. While you as the father may be able to lend your voice to the conversation you are not the final decision-maker.
We can stop the discussion at this point to again make note of the fact that this is, obviously, a very controversial subject. Some of you reading this blog post may understand what a putative father is going through in this type of situation. Therefore, you may agree with the argument that a paper abortion is necessary or even a good thing. On the other hand, some of you may be looking at the situation in abhorrence at the idea that a father could wash his hands of a child before he or she is even born. This is also a discussion that is being had nationwide in a variety of different settings. Certainly, it is not a topic that fails to bring about emotional responses in people.
Arguments in Favor of Legalizing Paper Abortions
All the aforementioned information regarding the ideas surrounding paper abortions remains theoretical. In the United States, lawmakers have not legalized paper abortions. This reality means that a father cannot sign over his rights to a child before the child is born. Even after a child’s birth, a father cannot sign over his rights without first going through a court and having a judge determine that doing so serves the best interests of the child. In most circumstances, judges do not approve such requests.
Equality and Moral Arguments in Favor of Paper Abortions
Proponents of paper abortion most often argue that society’s push for gender equality exposes an obvious area where men remain disadvantaged. When a woman can access abortion without needing the father’s consent, she gains greater bodily autonomy than a man possesses. A paper abortion would equalize autonomy between men and women. Deciding whether autonomy should even frame this conversation remains a separate debate.
Supporters also base another argument on morality. Parents must make moral choices when they decide to raise a child, give the child up for adoption, or terminate a pregnancy. Both mothers and fathers have equal entitlement to weigh these choices on moral grounds. Because the moral implications fall equally on both, supporters argue that paper abortion would extend that equality into the legal system. Paper abortion would allow a father to act according to his moral beliefs if he feels he should not take part in raising a child.
Legal and Ethical Arguments Supporting Paper Abortions
When combining these arguments, supporters state that requiring a man to legally support a child creates inconsistency because moral and gender equality arguments contradict that requirement. They argue that because both parents share equal stakes in raising a child, both should also share equal stakes in deciding whether to participate in raising the child. Legalized paper abortion would give a father the right to refuse participation.
Supporters also point out that society does not penalize women for sexual activity, since women can obtain abortions after pregnancy. They argue that a man’s consent to sexual relations does not equal consent to fatherhood. Forcing a man to provide financial support for a child does not obligate him to develop a relationship or visit with the child. This often results in a child maintaining only a financial connection to the father. Supporters claim this situation can harm the child more than it helps.
Philosophical and Financial Perspectives on Paper Abortions
Some philosophers argue that a man should only bear financial responsibility for pregnancy-related costs if the mother chooses to give birth and raise the child. For example, instead of supporting the child after birth, a father who chooses paper abortion would only pay part of the pregnancy costs such as doctor’s visits and medical expenses. After the child’s birth, he would carry no obligation to support either the child or the mother.
Supporters often frame the argument in terms of women’s ability to make independent decisions and raise a child on their own. Many critics describe forced child support as the true issue. They argue that courts often reduce fatherhood to financial contributions. People who go through family court often report that judges treat fathers as financial providers above all else.
Arguments Against Paper Abortions
Opponents argue against paper abortions with several points. They first claim that society does not need paper abortions because individuals can instead practice abstinence or use birth control rather than later seek abortion or paper abortion.
Opponents also argue that men should not always have the ability to escape responsibility. For example, they argue that a man who sexually assaults a woman and causes a pregnancy should not escape responsibility if she chooses to keep the child. Many acknowledge that this situation remains complex, but they emphasize that justice requires accountability.
Establishing paternity in Texas
As we have mentioned throughout today’s blog post, paper abortions are not legal in Texas or anywhere in the United States. We are only discussing these matters on a theoretical level as a result. While European nations have dabbled in considering different bills that would make paper abortions legal, to my knowledge, it is not legal anywhere in the Western world to escape paternity responsibilities simply by signing a piece of paper.
With that said, it is important for you as a potential father to understand what it means to have paternity rights and duties established. For starters, if you are a married man and your wife gives birth to a child, then it is presumed under the law that you are that child’s father. This is known as the paternity presumption. Of course, a woman can give birth to a child whose father is not her spouse. In that case, the law does offer you an opportunity to deny paternity. Your wife could agree with the denial, in which case you would have no legal obligation to raise the child or support him or her.
Establishing or Challenging Paternity in Texas
If you do not marry the woman giving birth to your child, then the law does not presume paternity in your favor. In that case, you need to legally acknowledge paternity. You and your child’s mother can complete an acknowledgment of paternity and file it with the state of Texas. If both of you agree that you are the father, then you do not need to take additional steps regarding paternity. You can establish paternity in this way without further action.
If you need to challenge paternity, you must do so through the courts. This situation arises when you file a denial of paternity but the child’s mother refuses to do so. If you believe someone is pushing you into paternity rights for a child who is not biologically yours, then you need to act immediately. The law does not give you unlimited time to challenge paternity or file a paternity case in court. Many men in your position hope the problem resolves itself or assume a court or the child’s mother will overlook it. Experience shows that courts do not allow this to happen.
Legal Steps for Men Facing False Paternity Claims
If you are a man who is being alleged as the father of a child who is not your biological son or daughter, then you need to act quickly. The law does not allow you to engage in a paper abortion, but there are legal steps to take that can position you better to protect yourself and not harm the child or their mother unnecessarily. Working with an experienced attorney with the Law Office of Bryan Fagan can be exactly what you need when it comes to protecting yourself. Thank you for choosing to spend part of your day with us today, and we hope that you will do so again tomorrow as we continue to share relevant and interesting information about the world of Texas family law.
In the end, the idea of a paper abortion raises difficult questions about fairness, parental rights, and the best interests of the child. While it offers a theoretical path for fathers to step away from legal and financial responsibilities before birth, it also challenges long-standing views on parental duty and accountability. For Texas parents, understanding this controversial concept highlights the ongoing tension between individual choice and the responsibility to support and protect children.
Share This Paper Abortion Guide for Texas ParentsQuestions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law, as well as about how your family circumstances may be impacted by the filing of a divorce or child custody lawsuit.
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