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Legal advise

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Wizard
Super Contributor
If a girl gets pregnant and she wants an abortion could her boyfriend sue her not to have one??
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25 REPLIES 25
HateGauteng
Super Contributor
I remember something in the news a few years (maybe a decade) back where the guy was successful.
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Not applicable
Problem is you might win the case not to abort. GF might then take to drugs, drink, bad eating habits, skip tests and nutrition etc. Baby could be born but with what associated problems? Mentally retarded, ongoing heath problems etc. It took two to orriginlly funk so they were consenting adults. If financially/socially they together feel they cannot raise a child, abortion might be better option. Best is adoption if they want to go all the way to birth. ALways difficult to have a good answer to the scenario, although not often you hear of the guy wanting to keep a child.
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DEP
Super Contributor
Good for the guy, if he can stop the abortion. He's saving a life, its worth fighting for.
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Wizard
Super Contributor
To expand a bit more. they have dated for about 2 months. She is financially unstable and has another child to look after from another guy. Her boyfriend is financially fine. This thing happened over the weekend now and I haven't heard of a marriage proposal as yet..to back some kind of security( I presume needs to be done).
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HateGauteng
Super Contributor
If you can find it, I suspect this case set precedence.
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john_1
Super Contributor
ya that just what this over populated planet needs...another child unloved by its mother...what the *****!
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platsak
Super Contributor
A woman has the right to abort the baby ... as father you have no recourse married or not. See the The Choice on Termination of Pregnancy Act of 1996 The Choice on Termination of Pregnancy Act was passed to recognise women's reproductive health rights and prevent the sometimes fatal consequences of illegal backstreet abortions. The Act says a woman who wishes to may terminate a pregnancy in the first 12 weeks. From week 13 to week 20, abortion is available if a doctor advises, and after that only if there is risk to the woman or the fetus. No case concerning abortion has yet come before the Constitutional Court. From a legal side you have few to none options. Try the constructive discusion route. This is not legal advice.
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Wizard
Super Contributor
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saash
Super Contributor
I dunno - I think a good lawyer would be able to use the Children's Act to push the case - but the outcome, I would think, might be that the guy would have to compensate the mother for any potential perceived loss of income, the delivery costs, and then take custody of the child at birth. Its a huge human rights issue. If he feels strongly about having the child, and can afford it, and can find a good lawyer - it might be worth it, and would also be a great landmark for the presidence of fathers rights and children's rights. I think a good lawyer would probably love to take the case on. Realistically though, I don't think there's any potential fathers who want it THAT badly - and ofcourse, there's only 5/6 weeks to build and fight the case. At least starting the legal proceedings might be enough to stall the T.O.P for long enough for it to get into the second trimester - in which case she'd probably have good recourse to sue him for all costs involved in raising and caring for the child. If he DOESN'T get custody, she'd probably be able to enforce that he pay all the bills to sustain her and both kids for the rest of the child's life cos it was due to him that she be in the circumstances of not pursuing a career and studies etc etc. Does daddy really think its worth it?
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Not applicable
As far as my knowledge goes, the decision is solely up to the mother seeing as they are not married.
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Russ
Super Contributor
I've never quite understood why a healthy foetus (in a healthy mother) has no rights.If the mother waits for the baby to be born and then kills it,it's murder.Go figure.Glad I wasn't aborted!
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HateGauteng
Super Contributor
There's also something about a 7 year jail sentence if trying to stop a female from having an abortion. As mentioned above . . . get a good lawyer.
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john_1
Super Contributor
i would like the right to with hold our judgement
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DEP
Super Contributor
Hey Russ, I'm with you!
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ws
Frequent Contributor
Here is another angle/question - can someone adopt this child privately if they obviously agree to pay for all the costs?
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Wizard
Super Contributor
I think daddy is just as emotional now as he was making the baby back then. Through the costs and all the obligations in his face and lets see how committed he really is.
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Wizard
Super Contributor
Sacrifices are made on the benefit of other projects. So the mother will have the baby.they will never see a holiday .the young one will have a terrible start to his life. Drugs may form part of his teenage years(80% chance). what kind of an adult is he going to be??? .. We have to pay more taxes to build bigger prisons
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DEP
Super Contributor
I'll take the child if nobody want it! I got 3 of my own, but i can help save a life...
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platsak
Super Contributor
Wizard. Let us know how this one pans out. From a legal perspective the answer is very clear. From my perspective as the father of a one year old boy its a very different story. John is right. Its maybe better not to pass judgement.
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