Legislation may require consent of "man who got you pregnant" before getting abortion

kwright · #1 (**permalink**) 03-05-2006, 09:26 AM

Monday, February 20, 2006
Proposed Abortion Legislation in Tennessee
House Bill 3199 and its companion Senate Bill 3402 were introduced on 2/16. The text of the bill states: "it is an offense for a physician to knowingly perform an abortion on a woman who is eighteen (18) years of age or older unless the physician has received from the woman a signed statement indicating that the woman has notified the man by whom she is pregnant that she intends to have an abortion."

The bill provides exceptions if the woman signs a statement saying the pregnancy is a result of rape and has been reported to law enforcement, is unable "after diligent effort" to notify or identify the man (in which case she must file written notice with the Department of Children's Services to be placed on the department's putative father registry), and in the case of medical emergencies when the life of the woman is at risk. Penalties are a Class A misdemeanor punishable by a $5,000 fine for the physician and a $2,000 fine for the woman.

What is not made clear in the proposed legislation is how it will be enforced and monitored. Will physicians contact men listed on women's statements to verify that they have been notified? If so, how does this square with patient privacy laws? Why are there no exceptions for women who are being abused, or who may have been examined by a medical professional in the case of a rape which may not have been reported to law enforcement? What constitutes a "diligent effort," and how will such effort be verified? Will the Dept of Children's Services essentially keep a list of women who have had abortions, and could that affect them in future custody or other legal actions? According to TN code (36-2-318), the Putative (presumed) Father Registry was established primarily to deal with parentage records relevant to adoption procedures and termination of parental rights. How will the following section apply?

"Those persons contained on the registry shall be given notice by the petitioners in proceedings for the adoption of a child or for the termination of parental rights involving a child, and they shall be necessary parties to the proceedings, and, except as they may waive their rights under subsection (f), must have their parental rights to the child terminated prior to entry of an adoption order, as may be required pursuant to chapter 1, part 1, of this title, unless they have executed a surrender, waiver of interest, or parental consent as provided in chapter 1, part 1 of this title."

Although the proposed law requires 24-hour notice, could this portion be used for additional delays?

A person listed on the registry and entitled to notice of pending adoption or termination proceedings under subdivision (e)(3) shall have thirty (30) days from the receipt of such notice to file a complaint for parentage or to intervene in the adoption proceedings or termination of parental rights proceedings for the purpose of establishing a claim to parentage of the child or to present a defense to the termination or adoption case.

These questions would all seemingly need to be answered with regards to the pending legislation. If you would like to leave a comment with or pose these questions of your legislator, you can find names and email addresses of TN Senate members here and House members here.

(Found via TV on the Fritz)

http://womenshealthnews.blogspot.com/2006/02/proposed-abortion-legislation-in.html

abso-frucking_lutely outrageous.

Emaline · #2 (**permalink**) 03-05-2006, 10:06 AM

Unbelievable.

clarebear · #3 (**permalink**) 03-05-2006, 10:09 AM

Oh yes, it's definitely outrageous. I mean, what if I don't know who my baby's daddy is? What if I'm not sure if it's Billy Bob next door, or the guy I met at the bar, or my university professor, or my boyfriend? What do I do then? What if the father doesn't believe he's the father and refuses to sign anyway? That would certainly be tough to legislate, wouldn't it?

Disclaimer: None of my opinions include rape or abortions for medical reasons, which I find is an extremely sad situation. I'm talking about the majority of abortions....

Honestly, if we keep saying that the man has no say at all in his own genetic material, then I really think we as women should legislate that every woman should be responsible for using birth control themselves. I mean, really, men are SOL whatever the case, because if they don't want the child they have to pay child support. If they DO want the child-screw them, it's the woman's decision! So why is it then that we're always harping on about "it takes two to make a baby"? As far as I'm concerned if we're only treating fathers like sperm donors then we should be responsible for what we do with our own bodies. And yes, I do realize there are a lot of deadbeat dads out there, but there are also a lot that would like a say in whether or not THEIR baby is allowed to be born. And yes, how UNfeminist of me. I just think that the whole double standard is ridiculous.

jsnbean · #4 (**permalink**) 03-05-2006, 10:11 AM

Totally outrageous.

What happens when you don't know who the father is or he takes off? The fact that there is no exception for abuse is unexcusable. Diligent effort takes how long? Many women don't find out they are pregnant until 6-8 weeks (particularly for unplanned pregnancies) which only leaves 5-7 weeks to track down the dad.

Don't cops in TN have better things to do, like maybe track down Dads that aren't paying child support for children already born?

So what if the women wants to have an abortion and the man doesn't? Does that mean he can force her to go through a pregnancy? I'm sorry that is totallly wrong. Pregancy puts women at risk for a number of medical conditions, not to mention she may not be able to work. So where are the provisions for the guy to provide medical and financial support throughtout the pregnancy?

Jilda

Kadydid · #5 (**permalink**) 03-05-2006, 10:32 AM

So what if the women wants to have an abortion and the man doesn't? Does that mean he can force her to go through a pregnancy? I'm sorry that is totallly wrong. Pregancy puts women at risk for a number of medical conditions, not to mention she may not be able to work. So where are the provisions for the guy to provide medical and financial support throughtout the pregnancy?

That^

UGH

ChickenLittle · #6 (**permalink**) 03-05-2006, 10:48 AM

While it probably has a good motive for some good guys out there, i think it would be abused. I can see pros and cons from both sides of the fence. If this was required where I live, I would have a niece. My brother had gotten a girl pregnant after they dated for 5 years. They were both 18 at the time but not quite graduated from high school. The girls mother pressured her into an abortion despite my brothers pleas to let the baby live. The abortion happened and now I dont have a niece or nephew. My brother would have gladly raised the baby and took good care of him/her. It was as much his baby as it was the girls but the girl didnt need his permission to terminate the babys life.
But I can see where some guys without intentions of being a father, could make the girl carry a baby against her will and then the child is fatherless. Adoption is possible obviously but anyways

Myantek · #7 (**permalink**) 03-05-2006, 11:49 AM

As it's worded it definately too broad and wide open for abuse but I'm going to kind of agree with Clarebear. It sucks that responsible men get no say in what happens with half of their genetic material. I understand that more of an onus is placed on the woman; physically, emotionally and even financially. I know there's no possible way to legislate anything because the bottom line is that it's her body that's hosting the baby for nine months so it should be her choice, but men are getting the short of the stick. If the woman chooses to have the baby against his wishes then he's stuck paying child support because the child has rights once it's born. If she decides to have an abortion against his wishes then he never gets to hold a child that he wanted.

Why is it wrong to tell a woman if she didn't want an abortion to keep her legs shut but it isn't wrong to tell a man if he doesn't want his partner to have an abortion he should keep it in his pants?

NovAngel · #8 (**permalink**) 03-05-2006, 12:08 PM

Extreme cases aside I do feel bad that the father has no say in his childs fate, I can't imagine what it would feel like to have no control over someone deciding whether or not to abort my child that I very much wanted. That being said men need to be equally as careful with whom they decide to have sexual relations with. All the what-if's need to be addressed early on if someone is anti-abortion and the other isn't.