Middletown, NY asked in Family Law and Civil Rights for New York

Q: Is it legal for wife to have a abortion without husband knowledge

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1 Lawyer Answer
Andrew S. Tabashneck
Andrew S. Tabashneck
Answered
  • Criminal Law Lawyer
  • Williamsville, NY
  • Licensed in New York

A: If a man's pregnant partner seeks to have an abortion, the father's consent isn't legally required. A woman may choose to terminate a pregnancy against the objections of the father. The Supreme Court addressed this question in Planned Parenthood v. Casey and found that the father does not have a legal right to be notified of an abortion. American law places much of the decision making power regarding abortion in the hands of the prospective mother. She may choose to terminate a pregnancy without the consent or notice of the father. At the same time, a woman may choose to give birth to a child, even if the father would prefer to remain childless. After birth, the father may be responsible for child support payments despite his objections to carrying the pregnancy to term.

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