Legal Question in Constitutional Law in North Dakota

Since women have the right to make a �choice� after sex about whether or not to give birth or to have an abortion, why don�t men also get a choice after sex whether they want to take responsibility for a child that was a woman�s �choice� to have? Why does a woman�s �personal choice�, a choice a man legally has nothing to do with, have legal ramifications for a man who had no legal part in making that �choice.� What would be a constitutional argument/reasoning against this question? I don�t know if this is a stupid legal question or not, and for the record I am neither pro-life, or pro-choice.


Asked on 7/20/12, 10:24 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Men know ahead of time that sex can result in pregnancy, and they know ahead of time that whether to have the child is the mother's decision. They should also know that they will be financially responsible for any resulting children. In other words, the legal situation you describe should not come as a surprise.

Men who don't want this sort of responsibility should either abstain from sex or minimize the risk of pregnancy (by using condoms, choosing infertile partners, having a vasectomy, etc.). Even then, they should understand that there is a risk and that having sex amounts to accepting that risk.

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Answered on 7/20/12, 3:43 pm


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