I don't know many people who have asked the naked person on top of them to sign on a dotted line, though it's not a bad idea to discuss the possibility of pregnancy beforehand. Whatever the case, here are the possibilities that I can think of that exist before sexual intercourse takes place:
- The guy promises to support a baby if the woman gets pregnant and chooses to carry it to term.
- The guy tells the woman that he'd rather windsurf head first into a aircraft carrier rather than raise a kid or pay for it.
- No discussion takes place.
- No discussion takes place, but the woman reveals in conversation that she either (a) is against abortion on principle or (b) would definitely get an abortion if she got pregnant.
Absent of a specific written or oral agreement, the woman may make any decision she chooses without repercussion. (She always retains the right to have the baby or to abort, but doing so may violate a prior agreement which may or may not have consequences. For example, a "surrogate mother" who changes her mind should legally be required to pay damages.)
So if it's the woman's decision, what is the man's responsibility?
If he agreed to support the baby, either before conception or before birth, then he has the responsibility to financial support it (50% unless otherwise discussed).
If the woman told him she is against abortion and he had sex with her anyway (and assuming she didn't unduly fuck with the condom), then he played Russian Roulette and deserves to take the consequences. He owes support.
If the woman told him she would definitely get an abortion, then legally he has no responsibility whatsoever. (Though he might owe her a few bucks for an abortion if their discussion had been that explicit.)
If the guy had said he did not want a baby before they had sex, then again he has no legal responsibility.
Finally, if no discussion took place about whether the man or woman wanted to have a baby, the rational assumption (the implied contract) is that the woman would have an abortion. Unless two people are specifically trying to have a baby (in which case some discussion would have taken place), the assumption must be that they are having sex for pleasure and not to procreate.
Yes, what I wrote above is what should be, not what is. So I wouldn't go pretending you're some kind of Johnny Appleseed and go spreading your seed all over the fucking countryside. (That's my version of a legal disclaimer.)
In a free country, contracts are supposed to be entered into voluntarily. If the father did not agree to support a baby, he should not legally be required to support it. Simple, right? It's a woman's body, which is why she can decide to allow the clump of cells to develop into a baby or not. It's her choice to (a) have sex in the first place and risk getting pregnant, and (b) have the abortion or not.
If she chooses "not", then she needs to have some means of supporting the baby. One good way that humanity has discovered is having a father around. Even better, a father with a job. Given that raising a kid is a bit pricier than an abortion, it makes sense to maybe get some buy-in by the guy who knocked her up before he turns into a father. But if he doesn't buy in, then it's her choice and her responsibility to provide the support her baby needs.
Why would the father owe a dime in child support if the woman chooses to have a baby against his wishes?
He doesn't - for the same reason he has zero say about whether she gets an abortion or not. Because it's the woman's body and the woman's decision.
In this age of advanced medical technology (not including the field of back pain, which these fucking quacks can't seem to do a thing about), the moment of choice to have a baby or not has shifted from before sexual intercourse to afterwards.
There is no longer a compulsion for a pregnant woman to give birth. She has a very clear choice. She needs to take responsibility for that choice. Hopefully (for the baby and for her) she'll have someone who loves her to help regardless of what she decides.
If she and the father agree to have the baby, it's their baby. If she has it without his consent, it's hers.
