Prospective Fathers and Their Unborn Children

17 Pages Posted: 20 Aug 2018

See all articles by Jeffrey A. Parness

Jeffrey A. Parness

Northern Illinois University - College of Law

Date Written: August 7, 2018

Abstract

While significant national attention has recently been paid to varying questions about the legal duties of prospective mothers to their unborn children, little comparable focus has been placed on the duties of prospective fathers. Why the difference? Though men and women obviously participate differently in nurturing the development of potential human life, there is much that both prospective parents can do to pro- mote the well-being of their future offspring. This inattention to male responsibilities not only undercuts prevailing governmental interests in protecting potential life, but also may, at times, constitute prohibited sex discrimination. When attention has been paid to prospective fathers, the results are usually disheartening. Treatment of men is often too lenient; yet, on occasion, treatment is too harsh. Further, many times there is little correlation between the legal duties of prospective mothers and fathers in situations where their conduct is comparable. This article seeks to prompt greater dialogue on the legal duties of prospective fathers to their unborn children. In doing so, it employs a recent case litigated in the courts of Florida and involving certain aspects of a prospective father's legal duties. The article utilizes the case, as well as recent controversies over pre-birth maternal duties, to suggest some guidelines for establishing pre-birth paternal duties. In particular, it addresses paternal duties in settings involving criminal prosecution, coercive civil laws, and involuntary termination of parental rights-areas which to date have been significantly considered only for prospective mothers. Finally, it examines additional pre-birth paternal duties in settings where there are no easy parallels to maternal conduct.

Keywords: Paternal Duty, Maternal Conduct, Prospective Fathers, Sex Discrimination, Prebirth Parental Duties, Termination of Parental Rights

Suggested Citation

Parness, Jeffrey A., Prospective Fathers and Their Unborn Children (August 7, 2018). University of Arkansas at Little Rock Law Review, Vol. 13, No. 165, 1990, Available at SSRN: https://ssrn.com/abstract=3227977

Jeffrey A. Parness (Contact Author)

Northern Illinois University - College of Law ( email )

Swen Parson Hall
DeKalb, IL 60115
United States

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