Can A husband say No to abortion if his wife says Yes?

I want the legal proof that the woman has the right to make the decision on her own with out anyone else's say. Or Legal proof that the husband has the legal right to choose as well. So If he says No and she says Yes, who's say wins?

26 Answers

  • Anonymous
    1 decade ago
    Favorite Answer

    Paternal rights and abortion

    Whether a male has a legal right to advance his personal interest, whether it be toward abortion, fatherhood, or adoption, over that of the female partner in the relationship differs by region.

    Egypt, Guinea-Bissau, Iran, Iraq, Japan, Republic of Korea, Kuwait, Malawi, Morocco, Nicaragua, Saudi Arabia, Syria, Turkey, and the United Arab Emirates all have laws which require that an abortion first be authorized by the woman's husband. However, in some countries, this stipulation can be bypassed or overridden if there is genuine concern for maternal health. [4]

    Since Roe v. Wade, some states in the United States have enacted similar laws, which require spousal notification or consent.[citation needed] One such law in Pennsylvania was overturned in the case Planned Parenthood v. Casey.

    [edit] Legal cases

    A number of legal cases have arisen around the world in which men have tried to prevent women with whom they had been sexually active from obtaining an abortion, all of which failed:

    1978: William Paton of Liverpool, United Kingdom attempted to stop his separated wife, Joan, from undergoing an abortion in the 1978 case Paton v. Trustees of British Pregnancy Advisory Service Trustees. A judge ruled in his wife's favour and Mr. Paton's later request for a hearing before the European Court of Human Rights was also denied. [5] [6] [7]

    1987: Richard Carver of the United Kingdom tried to prevent an abortion in the 1987 case C v. S. He claimed that the Infant Life (Preservation) Act applied to the fetus, as, at the time, his ex-girlfriend was 21 weeks along. When the High Court of Justice and the Court of Appeal dismissed the case, it was brought before the House of Lords, where three Law Lords sided with the earlier decisions. The entire legal process took 36 hours, as the Health Authority refused to allow an abortion before a decision was reached, making it one of the fastest cases in the history of British law. Nonetheless, the woman involved chose to carry the pregnancy to term and gave the baby to Carver. [8] [5] [6] [7]

    1989: Jean-Guy Tremblay of Quebec, filed an injunction against his girlfriend, Chantal Daigle, in attempt to prevent her from obtaining an induced abortion in the 1989 Canadian case Tremblay v. Daigle. The Supreme Court of Canada ultimately ruled that there was no precedent for a man's right to protect his "potential progeny", as a fetus was not found to have a right to life under the Quebec Charter of Human Rights and Freedoms.

    2001: Stephan Hone of Coventry, United Kingdom, attempted to prevent Claire Hansell from having an abortion in 2001. [9]

    One man brought a lawsuit against his wife for obtaining an abortion after he had protested:

    2002: The husband of a Chinese woman who had an abortion filed a lawsuit against her in 2002 under a law which was intended to grant sexual equality in terms of childbearing and contraceptive decisions. [10]

    A man's place in both the personal decision of abortion and its surrounding political debate is a subject of much discourse. It is a particular cause among fathers' rights advocates, members of the men's movement, and those who believe that the apparent legal precedent of maternal over paternal rights set in many Western nations is an example of sexual discrimination.

    Those who support a man's right to direct involvement argue that it is not fair that women are often given more options with regard to pregnancy and parenthood than men, pointing to how a woman can choose whether to abort a pregnancy or carry it to term, and then whether to parent the child or place her or him for adoption. [11] Armin Brott, the author of a number of books on parenting, has said of this, "A woman can legally deprive a man of his right to become a parent or force him to become one against his will". [12] In reference to cases in which men who did not desire to fill a parental role have been held to paying child support, Melanie McCulley, a lawyer, commented that "[a man] does not have the luxury, after the fact of conception, to decide that he is not ready for fatherhood". [11] [13] Philosopher George W. Harris concluded that, if a man impregnates a woman with the explicit goal of having a child, in a manner that is mutually consensual, then it would be morally unacceptable for that woman to later have an abortion. [14]

    Those who object to men having a right to direct involvement hold that, because it is the woman who must physically go through the nine months of pregnancy and risk its associated complications, her determination for or against abortion should be the definitive one. [15] [11] Marsha Garrison, a professor at Brooklyn Law School, stated that U.S. courts acknowledge "that embryo is in the woman's body, it is within her and can't be separated from her, so it's not just her decision-making about whether to bear a child, it's about her body". [16]

    In a 2003 Gallup poll in the United States, 72% of respondents were in favor of spousal notification, with 26% opposed; of those polled, 79% of males and 67% of females responded in favor. [17]

  • 1 decade ago

    Good question poster, I'm curious myself. I'd check with the state that you live in, to see if any statutes exist, because all family planning providers listen more to the woman, since it's her right to choose. Not unless the husband goes into court and seeks an emergency injunction for the procedure to take place. And if so, I'd like ot know what's the criteria when this can only happen. If he doesn't want the child, then maybe he needs to be one to leave, he just doesn't want to be saddled with child support obligations is the way how I see it.

    The family planning providers that I have consulted with here in Los Angeles, have stated to me that it's the woman's right to choose and if the husband doesn't like it, then he needs to take that up with the court, or do whatever he has to do, regarding this situation. However, I am concerned about one area and that's if the husband decides to get mad and take his anger out on the wife, because she refuses to get an abortion, what kind of crime has been committed and what could he be charged with. That's another topic, sorry.

    Now here is where you're going to run into problems, when it involves a minor who's intent on keeping the pregnancy. Even if she's living at home with mama-the US Supreme Court has stated that it's the girl's right to procreate and choose and you can't force her to have an abortion, unless it involves cases of rape, incest or where crimes was committed, then will they proceed. Other than that, it's not the parents' right to choose. And you'll see alot of these cases if the teenage girls are in foster care, they get to keep their babies!!!

  • rrm38
    Lv 7
    1 decade ago

    Legally, a husband cannot prevent a wife from proceeding with an abortion. Some states do, however, require that the husband be notified in the case of a married couple... so an abortion couldn't proceed without his knowledge. Of course, that does have its own flaws since there's nothing to stop a woman from lying and stating that she isn't married.

  • 1 decade ago

    I do not know the legalities but - it is your body and it is your right to have an abortion. I would say that if you want an abortion it is your decision.

    You do not sign to agree to have an abortion at least I do not think that you do but, you do sign to have the procedure done under anaesthetic - I mean you and not your husband.

    It is your decision and it is your body. But, if the baby is your husband's maybe you should talk to him about the procedure but as far as I know he cannot stop you - you have not said why you are so determined to get an abortion - your husband obviously does not want you to have one.

    My advice to you is think long and hard about what you are doing - I had an abortion 17 years ago and to this day I have regretted that decision although I had no option at the time.

    Good Luck - take care and do not let any one bully you into the wrong decision. I hope it works out for you.

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  • Anonymous
    1 decade ago

    I don't think there is a legal right for the husband/men, but a wife shouldn't think about only legal matters. You'll be breaking your husband's heart in a million pieces. She'll be aborting her marriage as well. I'd come home from that abortion expecting to pack my bags.

    I think having an abortion when your husband wants the baby is just the same as saying sorry honey I really really want to F... this hottie over here. I know it's cheating but he's so f.... hot! That's not a healthy marriage.

  • 1 decade ago

    A husband can say "no" all day long and a woman can say "yes" all day long. However, any pregnant woman can get an abortion without being married and having consent from their husbands. They don't care about who the father is. It's a woman's right. If you need proof call an abortion clinic and schedule yourself an appointment and you will see that they would gladly give you an abortion without your husband ever knowing. It happens all day long. It's a woman's right. But your husband can argue as much as he wants to. There's never been a law stopping that!

  • Leah
    Lv 4
    5 years ago

    I think if its husband and wife its should be joint decision regardless of "its her body" its BOTH their children. I could never go through a abortion knowing my (future) husband is against it. Boyfriend on the other hand, i'm not sure i mean if he hasn't commited to you fully and then he doesn't really have say over your body like that.

  • Anonymous
    1 decade ago

    I'm sure she has the right to have the abortion even if her husband says no. In my opinion if he wants to divorce her for it he should be able to. Also she should leave the marriage w/ only what she brought into it or she paid for.

  • Anonymous
    1 decade ago

    I have always thought that if a woman wanted an abortion and she risks the father saying no she should just go to an abortion clinic as a single, unmarried woman. Make her own decision, it's her body. Nobody needs to know.

    I really don't like the idea of abortion but I also don't like the idea of someone telling a woman what to do with their body.

  • 1 decade ago

    The husband would have to take his wife to court to express his parental rights. If the court decided against him or his wife they would have to abide by that decision.

    A husband cannot just express his opinion. If his wife wants the abortion it is her right/her body.

  • Anonymous
    1 decade ago

    Legally, it's her choice, but in reality no one will win. on something like this there needs to be some kind of mutual agreement. some kind of compromise. If she gets it, he will always remember that and it will become a wall between them, but if she doesn't she will always remember that and it will affect the relationship. either way it's going to affect their relationship, possibly ruin it. They need to compromise, say give it up for adoption.

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