Articles

Fathers’ rights regarding unborn babies vary greatly

We have often discussed fathers' rights and how they pertain to children who are already born. Some of our readers might be wondering what rights fathers have if the baby hasn't yet been born. The answer to that isn't all that simple.

Generally, while the woman is pregnant, her wishes are followed. It would usually be up to her to decide if the father of the baby can participate in prenatal care and appointments. If there is a disagreement between the mother and father, the mother's choice is usually the one that is respected.

The problems that some men come across when the baby hasn't been born are that the mother's body is her own body and that her privacy must be respected. The Health Insurance Portability and Accountability Act forbids health care providers from giving an unborn baby's father information about the mother's health. This means that the baby's father is usually limited to knowing only what the baby's mother wishes to share.

There might be some exceptions to these guidelines that apply to a father's case. If the mother is on drugs or alcohol, for example, there might be actions the father can take to protect the unborn baby. Speaking to someone who is familiar with the laws regarding fathers' rights with unborn babies might help you determine if you can take action.

In all cases, the father has the right to refuse to put a baby up for adoption since the law states that the mother and father both have to consent to an adoption for the adoption to occur. This means that fathers of unborn babies don't have to worry about the mother giving birth and giving the child up without his consent.

Source: FindLaw, "Fathers' Rights Before Birth," accessed June 12, 2015

Since 1980 the AV-rated law firm of Hale Ball has served the legal needs of individuals and businesses. Our team of attorneys include lawyers named to Super Lawyer and Rising Star lists, as well as attorneys with advanced legal degrees, specialty certifications and lawyers who teach their areas of practice to other lawyers.

Use the contact form on this page to schedule a consultation, or call 703-591-4900.

The transmission and receipt of information contained on this website, in whole or in part, or communication with the Hale Ball via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient.

Our Office

10511 Judicial Dr
Fairfax, VA 22030

Let us fight for you

Schedule a Consultation

We will use the information you provide on this form to connect and schedule a consultation with you to go over your legal needs. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Hale Ball via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient.

Hale Ball is committed to providing you with excellent service while protecting the health and safety of our clients and staff. We offer videoconferencing, conference calls and electronic communication, as well as traditional in-person consultations. We are taking precautions to maintain a healthy office environment. As events evolve concerning COVID-19, we will strive to provide outstanding service in a socially responsible manner. Please contact us if you have any concerns.

X