Military Significant Others and Spouse Support - MilitarySOS.com
Page 1 of 5 1234 ... LastLast
Results 1 to 10 of 44

Thread: Fathers' rights to delivery.

  1. Account Closed
    GingerGirl15's Avatar
    GingerGirl15 is offline
    Account Closed
    Join Date
    Sep 2012
    Location
    MD
    Posts
    3,410
    #1

    Fathers' rights to delivery.

    Advertisements
    I read this story today and found myself torn over it. I fully get that a woman has the right over her body and pregnancy and who is allowed to be there, but I also feel to some degree a man should have some rights to see his child born. The author of the piece below puts it very well and i cant argue with his points. I was trying to think of some middle ground though and couldn't really come up with one. I guess the best that could be done is ensure the father can see the kid right after delivery?

    So just throwing this out there to get other's thoughts. Especially views from women (and men) who've had kids.

    Whose Delivery Is It Anyway?

    by Ariel Chesler

    I had the privilege and honor of being with my wife in the delivery room for the birth of both of our daughters. I shared in the emotions, both high and low, during her labor, and experienced the fear and joy of welcoming new life.

    As painful as it might have been to be excluded from the experience of seeing my children born, it is clear to me (both personally and legally) that if my wife did not want me present in the delivery room, that is her choice to make.

    One New Jersey man felt differently. In a recently published opinion from the Superior Court of New Jersey for Passaic County, the question was raised: Does a father’s right to see his child born trump that of the mother to keep him out of the delivery room? Superior Court Judge Sohail Mohammed answered: “Any interest a father has before the child’s birth is subordinate to the mother’s interests.”

    While those with a basic working knowledge of reproductive and patients’ rights may find this answer obvious and redundant, it is important to consider that litigants dealing with family disputes are often ruled by their emotions, making legal arguments for relief without regard to their merits or likelihood of success.

    The court, however, must resolve disputes brought before it based on case law, giving full consideration to the arguments of the parties, even those with little legal merit. In the New Jersey case, the court was asked to consider a claim which may have had little merit but was in fact novel. Indeed, the court noted in its decision that the issue had “never been litigated in New Jersey or the United States.”

    The case concerned Rebecca DeLuccia and Steven Plotnick, who conceived a child and became engaged, but later separated in 2013. While there was no dispute that Plotnick was the father or that he would be entitled to visitation after the birth, he sought a declaration of his right to be present at the birth. DeLuccia, on the other hand, desired privacy during labor. She said she would put Plotnick’s name on the list of visitors for after the delivery.

    In a well reasoned decision, Judge Mohammed, relying on the landmark decisions in Roe v. Wade and Planned Parenthood v. Casey, noted that women have a fundamental right of privacy that includes the right to control their bodies during pregnancy, and that these cases make clear that in this context the interests of a father are subordinate to a mother. In particular, he noted that the requirement of spousal notification before an abortion was found in Casey to be an undue burden on the mother.

    Judge Mohammed also pointed out that the court in Casey also considered women who elect to carry a child to full term, stating “the mother who carries a child to full term is subject to anxieties, to physical constraints, to pain that only she must bear.”

    Noting that Plotnick and DeLuccia had never been married, Judge Mohammed concluded that Plotnick’s rights are even less than those of a husband’s which would still be subordinate to the wife’s interests. In this regard, Judge Mohammed stressed that only DeLuccia had gone through extensive training in preparation for the birth and had faced the physical burdens of carrying a fetus to term on her own, which supported the conclusion that her rights are superior to Plotnick’s.

    Plotnick had also argued that he had a right to be notified when DeLuccia enters labor. In denying that claim as well as the claim of a right to be present for the birth, Judge Mohammed relied on DeLuccia’s basic right of doctor-patient privilege, the privacy rights afforded by HIPPA, and the privacy rights afforded by the New Jersey Hospital Patient Bill of Rights, which, among other things, prohibits hospitals from disclosing the names of its patients.

    Judge Mohammed also remarked that allowing a forced entry into the delivery room would “in fact be inconsistent with existing jurisprudence on the interests of women in the children they carry pre-birth. It would create practical concerns where the father’s unwelcomed presence could cause additional stress on the mother and child.” While praising Plotnick’s desire to be involved in the child’s life from inception, in the end the court found that it could not discount the privacy interests of an expectant mother.

    Father’s rights groups are decrying the ruling as "another example of New Jersey’s anti-male discrimination in the family courts." They conveniently ignore the controlling law and the relevant biological realities. While it may take both sperm and egg to create a fetus, it is only the mother who faces the burdens and risks of carrying the fetus within her body. Put another way, until the baby is born there is no way to separate the mother from the fetus, and, thus, she should be able to decide the circumstances of her labor and delivery.

    So while I strongly support the increased involvement of fathers in raising children and believe it may be worthwhile to question historical limits on father’s roles in child rearing and how such perceptions of fathers may play into custody and visitation disputes, it cannot be said that this ruling is an example of "baseless discrimination." Rather, it is discrimination grounded in reality, one that properly recognizes and favors the privacy rights of mothers.
    Whose Delivery Is It Anyway? by Ariel Chesler

    I don't think this is really going to be a debate but I put it here just in case.
  2. I'm a boss playa', I don't bleed like you.
    GlitterQueen's Avatar
    GlitterQueen is offline
    I'm a boss playa', I don't bleed like you.
    Join Date
    Feb 2011
    Location
    Las Vegas
    Posts
    12,434
    #2
    If I was seperated and he wanted to see a baby come out of my vagina by all means watch away. idgaf

    I don't really have a thought one way or the other.


  3. Account Closed
    Lynn's Avatar
    Lynn is offline
    Account Closed
    Join Date
    Mar 2011
    Location
    It could be worse.
    Posts
    29,398
    #3
    I personally feel that it is the woman's choice to make.
  4. MilitarySOS Jewel
    tremblingturtle's Avatar
    tremblingturtle is offline
    MilitarySOS Jewel
    Join Date
    Apr 2008
    Location
    Missouri
    Posts
    14,196

    #4
    I do not believe that delivery should be made all about the mom and her wishes. Having a baby is about, well, having a baby. I think the father should have some say in who is present (including himself)
  5. Come along with me, misery loves company.
    gogogadgetsam's Avatar
    gogogadgetsam is offline
    Come along with me, misery loves company.
    Join Date
    Mar 2012
    Location
    Connecticut
    Posts
    5,148

    #5
    I think that if he was going to create an environment where the mom would be stressed out, then no he should not be welcome. (I don't mean the mother being over dramatic. I mean the father purposely being a dick)

    However, I think he should be allowed to be there if it would be peaceful.
  6. Quis custodiet ipsos custodes?
    Tojai's Avatar
    Tojai is offline
    Quis custodiet ipsos custodes?
    Join Date
    Sep 2009
    Location
    St. Pete FL
    Posts
    30,026


    #6
    Quote Originally Posted by Lynn View Post
    I personally feel that it is the woman's choice to make.
  7. I'm a boss playa', I don't bleed like you.
    GlitterQueen's Avatar
    GlitterQueen is offline
    I'm a boss playa', I don't bleed like you.
    Join Date
    Feb 2011
    Location
    Las Vegas
    Posts
    12,434
    #7
    Quote Originally Posted by Chikatoka View Post
    I do not believe that delivery should be made all about the mom and her wishes. Having a baby is about, well, having a baby. I think the father should have some say in who is present (including himself)
    but why? a father doesn't have to do a damn thing when having a baby. they have an orgasm and thats it.

    i kinda don't think they have any say so in any thing pregnancy related for that reason alone.


  8. Senior Member
    CDNTrish's Avatar
    CDNTrish is offline
    Senior Member
    Join Date
    Feb 2011
    Posts
    6,437
    #8
    If the guy was going to sue for not being allowed in the delivery room, I probably wouldn't want him in there either

    But seriously, I also feel it is the mother's choice to make.
  9. MilitarySOS Jewel
    KnittingGuamMama's Avatar
    KnittingGuamMama is offline
    MilitarySOS Jewel
    Join Date
    Jan 2010
    Location
    Kings Bay, GA
    Posts
    6,535

    #9
    Quote Originally Posted by GlitterQueen View Post
    but why? a father doesn't have to do a damn thing when having a baby. they have an orgasm and thats it.

    i kinda don't think they have any say so in any thing pregnancy related for that reason alone.
    Yeah, I agree with this. Parental rights after the baby's born, yes, I agree with that but considering he's not the one having the baby, sorry bud, if mom can have as many or as few people as she wants and that includes you.
  10. MilitarySOS Jewel
    Jazmine's Avatar
    Jazmine is offline
    MilitarySOS Jewel
    Join Date
    Jun 2011
    Posts
    9,757

    #10
    Quote Originally Posted by Chikatoka View Post
    I do not believe that delivery should be made all about the mom and her wishes. Having a baby is about, well, having a baby. I think the father should have some say in who is present (including himself)
    She's being poked, prodded, stretched and torn to give birth and is the patient for the mast majority of the pregnancy/birth, if she doesn't want a man who for one reason or another she decided was not a good person to have in her life then why should he have the right to be in the room if she doesn't want him there then she shouldn't have to be subjected to having him there.
Page 1 of 5 1234 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •