Family Law,Children

The Decision to Have Children

Who makes the decision to become a parent?
The Supreme Court declared in the 1973 case of Roe v. Wade that the decision whether to have a child is very personal and is protected by the right to privacy under the U.S. Constitution. This means that individuals who wish to have a child cannot be barred from doing so (unless, perhaps, they are incarcerated). Individuals who do not wish to have a child have a legal right to obtain and use contraceptives.
What if one spouse wants children and the other does not?
If one person in the marriage wants a child and the other does not, that could be a basis for a divorce. A disagreement on such a fundamental issue could be an irreconcilable difference under the no-fault divorce laws of most states. In states that have grounds for divorce based on someone being at fault, a disagreement on the question of whether to have children could be viewed as mental cruelty, and thus a basis for ending the marriage.
Beyond divorce, remedies are limited. The courts cannot force a pregnant woman to stop the pregnancy, nor does the law require a wife to have her husband's permission for an abortion.

Abortion

What is the current status of abortion law?
As of the beginning of 2004, women still have a constitutional right to an abortion. In 1992, the U.S. Supreme Court in the case of Planned Parenthood v. Casey reaffirmed its decision in Roe v. Wade that women have a right to seek an abortion during the early stages of pregnancy. The Supreme Court also decided, however, that states have a right to regulate how abortions are performed and that states may ban abortions after the fetus is viable (able to live outside the womb) unless the mother's life or health is endangered. The scope of regulation and funding of abortions by the government varies from state to state and is often tested. States may impose a twenty-four-hour waiting period before an abortion is performed.
May a girl under eighteen obtain an abortion without her parent's consent?
Yes. However, if a girl under eighteen seeks an abortion, state law can require that she obtain permission from a judge. In Casey, the Supreme Court upheld a statute that required a girl to obtain permission from either one parent or a judge, and noted that Supreme Court case law had required states to allow a "judicial bypass" as a substitute for parental consent.

Childbirth

Are there any rules prohibiting parents from having their children born at home?
No. Generally, at-home births are an option for parents. The mother, however, should have good prenatal care, and she should make sure the health-care provider believes the delivery will not pose significant risks to the mother or the child. If the delivery is risky for the mother or the child, it is simply common sense to use a hospital. Some states allow nurse-midwives to deliver children at the parents' home or at a birthing center. Other states allow nurse-midwives to practice only at hospitals or under the direct supervision of a physician.
If the delivery is at a hospital, may the father or a sibling be present?
Most hospitals permit the father to be present at birth. Hospitals often prefer that the father and mother go through some prenatal training before the delivery. Couples should check with their hospitals about other rules and about whether siblings are allowed in the delivery room.