Legal Question in Family Law in Minnesota

Re: rights of father of unborn child

This is a difficult question, not because of any unique complexity in the law, but because it is one of those instances in which the law and common sense appear to be traveling on separate tracks.

In general, there is nothing the putative father can do to prevent the mother from choosing an abortion. He is not actually "the father" until there has been a live birth and paternity can be determined within the meaning of the law. It is one of those odd little wrinkles in our system of jurisprudence -- an unborn child has a mother, who's identity is beyond question, but does not acquire a father until leaving the womb.

Thank you for your question, and good luck.