Legal Question in Family Law in Indiana
father's right to child of rape
If a woman gets raped and then becomes pregnant as a result and keeps the baby. Does the father (aka: the rapist) have rights to that child? Are there any cases in the United States pertaining to this subject? If so, what were the rulings?
Asked on 10/26/06, 3:36 pm
1 Answer from Attorneys
Re: father's right to child of rape
Cant say I have ever had a case where the rapist wanted rights to the child, so I have no knowledge of case law directly dealing with that issue. However, the general rule is "what is in the best interest of the child". Therefore, if the rapist could establish that it is in the best interest of the child for the rapist to have a relationship of some sort with the child, the court would probably allow it.
Answered on 10/26/06, 3:42 pm