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Paternal rights and abortion From Wikipedia, the free encyclopedia Jump to navigationJump to search The paternal rights and abortion issue is an extension of both the abortion debate and the fathers' rights movement. Abortion is becoming a factor for disagreement and lawsuit between partners. At least 18 cases have been brought to the Supreme Court.

Legal cases[edit] In China the husband of a woman who had an abortion filed a lawsuit against her in 2002 under a law intended to grant sexual equality in terms of childbearing and contraceptive decisions. The law stated that a woman has no overriding priority over her spouse in deciding whether to have a child.[7]

A number of legal cases have arisen in the Western 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.[8][9][10] 1987: Robert 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][9][10][11] 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: Stephen Hone of Coventry, United Kingdom, unsuccessfully attempted to prevent his former girlfriend Claire Hansell from having an abortion.[12]

2016: In Jaliscos Mexico, doctors, nurses, hospital administrators etc successfully stopped Patricia(named disguised for safety reasons) from getting a safe abortion after she was raped at 16 years old. Eventually the baby was aborted but not in a safe and humane way when they gave her experimental drugs.