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Abstract

Scientific studies over the last five decades show the negative impact an abortion can have on the men who fathered the aborted children. These studies demonstrate that those men—even if they supported the woman’s decision to have an abortion—can experience a variety of psychological problems including depression, anger, hopelessness, helplessness, broken or damaged relationships, feelings of emasculation, and loneliness. Despite these compelling studies, little or no real attention is given to involving men in the legal debate regarding abortion. The abortion debate presents a legal Rubik’s Cube of thorny issues that can affect the mother, the father, and the unborn child. The focus generally centers on the mother’s decision, but with no real attention being given to involving the man who fathered the child. Although fathers have long-recognized rights in other areas of family law, the courts and the legislatures are largely silent on including men in the abortion debate vis-a-vis their possible basic due process and equal protection rights such as notice and a hearing. This Article analyzes the scientific data of the impact of abortion on men, the current state of abortion laws, and then compares those laws to other reproductive laws such as adoption, surrogacy, and frozen embryos. It discusses solutions to potential problems of application and provides a checklist for legislators considering fathers’ rights legislation and balancing the parental rights and interests. This is not an article on the merits of abortion or the correctness of Roe v. Wade or Dobbs v. Jackson Women’s Health Organization. It is a unique review of the conflict of law in fathers’ rights in family law and the impact on fathers.

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