Making Abortion More Fair For All Parties Involved - Research & Opinion

In 1993, on the 20^th anniversary of that fateful decision by the Supreme Court of the United States, also known as SCOTUS, the decision in Roe v. Wade (1973), I first wrote my four-point plan to bring more fairness, equity, and equality under the law, to the abortion policy and laws of America.  This plan predated common use of personal computers and I eventually lost my typed papers in the May 1995 flood in Jefferson Parish.  Then, in 2010, as a blogger, I started recomposing my four-point plan, adding, even more, information since I had another 17 years of information and beliefs to write about.  While I was proud of my efforts, I realize that my writing skills were still quite rudimentary so I’m hoping that with some of my new found and recently improved writing skills, I will be even better able to articulate and argue the main four points that I proposed on this issue.  Making the American abortion policy and law more fair is necessary because it would begin to create a future generation of people who are more responsible for their sexual behavior, create equality and fairness between the mother and the father when it comes to whether or not abortion is the only option, hopefully, foster better relationships between unmarried men and women who find themselves in this difficult situation, and ultimately, save millions of unborn babies from a heinous death before being given the chance to take their first breath.

While abortion is currently legal and the Law-of-the-Land based on the SCOTUS decision in Roe v. Wade, creating a more fair and equitable abortion policy would go a long way in reducing the numbers of unborn babies killed each year.  Many abortions seem to be necessary mostly because of the irresponsibility of so many teens, young adults, and even older adults but the issue of as many as 1.5 million babies killed each year has driven a deep divide between the American people and the political parties.  Abortion has even driven a wedge between hundreds of millions of people around the world.  Revealing the prevalence of unsafe sex, the Guttmacher Institute’s peer-reviewed study for 2000-2001, showed that, “Forty-six percent of women had not used a contraceptive method in the month they conceived… [yet] As many as 51,000 abortions were averted by use of emergency contraceptive pills in 2000.” (Jones).  These prevention numbers illuminate the problem of irresponsibility when it comes to sexual activity.  With the ease of accessibility to condoms, at every corner drugstore, and birth control pills costing under $10.00 a month for most prescriptions, it’s a societal shame that so many unborn babies are killed by abortion, instead of being raised by loving parents or given up for adoption. 

According to LifeNews.com, there are as many as “36 couples waiting to adopt for every baby that is actually put up for adoption” (Riler).  In a 2000 study, by the Ohio Right To Life organization, the number of 1.3 million abortions is used, but unfortunately, that number has grown.  According to them, in 2000, “Every year there are about 1.3 million abortions. Only 4% of women with unwanted pregnancies give their children up for adoption.”  If people would choose to put their unwanted child up for adoption and we could increase that rate to 50% tomorrow, “it would still take two to four years just to satisfy the present waiting lists.” (Ohio Right To Life).  So many couples would not have to look to other countries to adopt the thousands of foreign children that are adopted each year and brought to America.  So many unwanted and aborted American babies could be given the chance to live a happy, healthy life, instead of being killed before taking its first breath.  I am not valuing one life over another with these statements.  I am simply illustrating that things could be much better for the adopting parents and the unborn baby, whether American-born or foreign-born.

            Following, are some of the societal problems related to Roe v. Wade and the unfettered, on-demand abortion rights granted by Roe v. Wade and my four-part plan, to make abortion more “fair” for both parents, and hopefully the unborn baby:

Besides the 1960’s sexual revolution, the Roe v. Wade decision further helped to increase promiscuity because, prior to Roe v. Wade, the chance of getting pregnant and having to have a baby kept many teen girls and boys and young adults from being promiscuous or having unprotected or unmarried sex without the worry of getting pregnant.  Nowadays, a girl can have sex with every Tom, Dick (pardon the pun), and Harry, and if any birth control was even used and failed, she can just get an abortion as a means of birth control.  Relying on abortion as a means of birth control seems to be one of the most heinous decisions that can be made. 

Also, the ruling gave and still gives people the ability to walk away from the responsibility of people from eventually parenting the unborn baby, once born. Prior to Roe v. Wade, if a young unmarried couple found themselves pregnant, there was a high likelihood of a "shotgun wedding," where the young man and woman were forced to get married by their parents, so their child would not be an illegitimate “bastard” child. Nowadays, either parent can use abortion as an excuse and walk away from their responsibility. Alternatively, liberal societal standards also make it "OK" to have an illegitimate child or even many illegitimate children. This precedent creates a slippery slope for society and leads to yet another societal problem.  According to National Review, the illegitimate birth rate has climbed dramatically since Roe v. Wade, and other societal changes.  This increase also led to a dramatic increase in poverty, education, and crime issues from the children of single-parent homes.  In the NationalReview.com article, Roger Clegg states, “Here’s the bad news: Preliminary data indicate that 40.7 percent of all 2012 births were out-of-wedlock, which is appalling, and there are vast differences among racial and ethnic groups [with minority groups being as high as 72 percent] … As I noted last year, it is, of course, no surprise that the groups with the highest illegitimacy rates are the groups that are struggling economically, educationally, with crime, and so forth” (Clegg).  Yes, the 60’s movement, with “free-love,” sex, drugs, and rock-n-roll, and the rise in liberalism also contributed to the climbing illegitimate birth rates and the subsequent societal problems.  The obvious negative effects of the illegitimate birthrate are most obvious in the inner-cities of America, unfortunately, most of which are concentrated areas of minorities.  The subsequent high poverty rates, poorer education, and higher crime rates severely affect many children today.

Moreover, the lessening of the "Value Of Life", that is, the seemingly devaluing of a human life since Roe v. Wade, society, and the law has allowed the following generations of young people and adults to kill an unborn baby at will.  This “right” further desensitized these following generations to the value of life, since over one million unborn babies have been legally killed each and every year since Roe v. Wade, just in America. There are other things that have also desensitized these following generations--things like movies, music, and video games--but these were all about “fake” deaths, whereas Roe v. Wade was about being able to legally kill a “real” life—or over 60 million to date, without the fear of punishment.  It could be argued this lessening of the “Value Of Life” also leads to higher rates of violent crime.

Now, my four-part plan to help curb the numbers of abortions-on-demand while keeping it legal, since SCOTUS says it is.  My four-part plan, consisting of prevention, protection, patriarchal premium, and matriarchal monopoly, will also try and make things fairer for all parties:

Prevention: While using one of the many forms of birth control to prevent an unwanted pregnancy and resultant abortion, if both the mother and the father are unmarried and want to have an abortion, then both would have to sign legal documents and then they can get their abortion. The same rules would apply to married couples. Some thoughts are that the people facing this situation should have to attend a counseling session and/or safe-sex class to try and dissuade them from having an unwanted pregnancy again. If both the mother and father are minors, then the parents or legal guardians of the minor children would have to sign the legal documents on behalf of the minor children and both the children and their parents/guardians would have to attend the counseling session and/or safe-sex class.

Protection: For the legal protection of all parties and the baby, if both the unmarried mother and the father want to keep the child, then both would have to sign legal documents whereas they both agree to jointly pay the costs of having and raising the baby. This is pretty much already handled by law and case-law for married couples. Unmarried couples would have to attend counseling and/or safe-sex and or parenting classes. If both the unmarried mother and father are minors, then the parents or legal guardians of the minor children would have to sign the legal documents on behalf of their children and attend all the classes with their minor children, or they can strongly suggest that their minor children get emancipated and married without the need for a shotgun, hopefully!

Now, things get a little sticky and more controversial but these next two aspects would make things fairer for the mother and father and most importantly, the unborn child who has the highest risk of death, in comparison to the mother, in the abortion debate.

Paternal Premium: If the mother wants to have an abortion and the father wants to keep the child, the mother and father would have to sign legal documents stating their wishes and the mother would have the baby and sign it over to the father. This would relieve the mother from any right to visitation or support of her unwanted baby and the father would be accepting full responsibility for the baby and the cost of supporting the baby. If the mother and father are minors, then the parents/guardians would sign all legal documents on their behalf and agree to the visitation and support restrictions. Counseling and safe-sex classes would be required for all parties involved. Parenting classes would be required for the new parent and his parents/guardians.

Maternal Monopoly: If the father wants to have an abortion and the mother wants to keep the child, the mother and father would have to sign legal documents stating their wishes and the father would sign over all his parental rights to the baby, would have to pay a proportionate amount of the cost of the pregnancy and delivery of the baby and then would no longer be financially responsible for the baby and lose all his rights to the child. The mother would agree to pay her proportionate cost of the pregnancy and delivery of the baby, then would accept full parental rights and financial responsibility for the baby. If the mother and father are minors, then the parents/guardians would sign all legal documents on their behalf and agree to the visitation and support restrictions. Counseling and safe-sex classes would be required for all parties involved. Parenting classes would be required for the new parent and her parents/guardians.

If neither parent wanted to voluntarily sign the legal documents, family or juvenile court remedies would be available and then a judge would order things to be done or just issue a judgment.

I think the main reason that so many fathers have chosen to walk away from their pregnant wives/girlfriends is that many of them "told her to get an abortion" and when she chose to not get the abortion, they felt that she then took full responsibility for the child and they could now walk away. In talking to young men about this, I've had many tell me this excuse, in so many words. Many men, both young and older, also feel that the current laws are unfair to the father since it gives all the rights and choices to the mother and then the father should just accept her decision. If she chooses to abort, the father has no say-so. If she chooses to give the baby up for adoption, he has no say-so. If she chooses to have the baby and keep it, he has no say-so, yet he is legally responsible for supporting the child for the next 18+ years and can be ordered to pay child support, have his wages garnished, and even go to jail if he doesn't pay.  This is what I was talking about when I said, "either parent can... walk away.”  While the mother can walk away by having an abortion, many young men simply walk away since they have no say-so in the matter anyhow!

While some feel, “a fetus is just a clump of cells, not viable until nearly nine months,” the National Pro-Life Alliance (NPLA) proclaims, “an unborn baby has its own, separate, and unique DNA at the moment it is conceived.” (National Pro-Life Alliance).  This is proven, scientific fact about the DNA of the fetus, even at the earliest stage. 

My four-part plan is a basis for sound legislation that will go a long way towards making people be more responsible with their own sex lives so that an unborn baby doesn’t have to make the ultimate sacrifice for the parent's irresponsible actions.  My plan gives all concerned parties some rights and choices instead of it just being a choice made by a girl/woman without regard for how her choice might affect everyone else concerned, including the potential grandparents, and most importantly, the unborn baby.  I think, now is the time we protected each and every life from the moment that life is conceived. 

Works Cited

Clegg, Roger. NationalReview.com. The Corner – The One and Only. Latest Statistics on Out-of- Wedlock Births. October 11, 2013

Jones, Rachel K., et al. Guttmacher Institute, Guttmacher.com. Contraceptive Use Among U.S. Women Having Abortions in 2000-2001, Perspectives on Sexual and Reproductive Health, A journal of peer-reviewed research, Volume 34, Issue 6, November/December 2002, Pages 294 – 303.

National Pro-Life Alliance. Petition for Life At Conception Act. Facebook.com/ProLifeAlliance/. Sep. 15, 2016

Ohio Right To Life. PregnantPause.org.  Every Child A Wanted Child.  Sep. 9, 2000.

Riler, Keith. LifeNews.com. Thirty-Six Couples Wait for Every One Baby Who is Adopted.         July 9, 2012