Rape and custody issues

United States
January 8, 2007 7:06pm CST
If a married woman is raped and decides to keep the baby that is the product of the rape, do you think the husband has any parental rights?
3 people like this
8 responses
@misskatonic (3726)
• United States
9 Jan 07
The husband of the woman who was raped? Yes, I think he does. he will be, for all intents and purposes, the father of that child. he'll be providing for, raising and responsible for the child. There's no reason why he wouldn't have parental rights. The rapist certainly doesn't have those rights! I don't think it should even be an issue, honestly.
2 people like this
• United States
9 Jan 07
i think when the child is born in the mariage AND the husband signs the birth certiicate he has rights...
1 person likes this
• United States
9 Jan 07
I agree with you on that. I think he has rights if he chooses to because the baby will be calling him "daddy."
1 person likes this
@foxsoon (150)
• Australia
11 Jan 07
I also do think if the baby grows up he/she will then also have the rights to decide whether he/she wants to have a 'legally-binded' father. A bit like one of Adam Sandler's movies as long as the mother doesn't mind and as long as the father is doing a superbly great job compared to the mother. Cheers.
@trish32 (1471)
• United States
10 Jan 07
I believe it depends on the laws where you live. In some areas as long as the husband signs the birth certificate of the child then he is claiming the child as his own, therefore he would have parental rights. In other areas if the woman acknowledges that the child is the product of a rape and the father is unknown (or if she knows the rapist she can name him as the father, thereby making him legally responsible for support, but no court would give him visitation, etc. under normal circumstances)then her husband would not have parental rights unless he were to legally adopt the child. That is a tricky, delicate, sad situation. If you don't mind me asking, why do you ask the question?
• United States
10 Jan 07
I have no personal connection to this question. I remember watching a show on TV (it may have been 20/20, not sure). This same thing happened to a woman who was married with children and she and her husband chose, together, to keep the child because they could not imagaine killing it. The woman and her family were white and the rapist was black, also. I have so much respect for that woman. I will ask alot of questions that are not about my personal life. My husband and I have hypothetical discussions all the time, and I like to ask others what they think about it to report back to him. I have plenty of support from my family. I don't need to post my business on here. No, this question is not about me. :)
1 person likes this
• United States
9 Jan 07
Legally, no he has no rights is it is proven that the dna doesn't match his. Like post number one said he would have to adopt the child. A very tough situation to be put in all around.
1 person likes this
• United States
10 Jan 07
I have thought about my previous response and I believe I may be wrong. I think when a couple is married and have a child the husband is legally assumed to be the father unless proven differently. So yes he would have rights.
1 person likes this
• Australia
10 Jan 07
No he wouldnt have any rights to child nor should he ba made to that is personal choice and being married if it happened to my wife I would not want to raise that child not the kids fault but every time I looked at the child I would allways have in the back of my mind the violent nature that was involved in spawning life That is where Abortion is not such a bad thing.
• United States
9 Jan 07
That is one of the greatest discussion question I have found here. If the husband helps to raise the child as his own certainly. Otherwise the relationship would not work at all. It would be over.
1 person likes this
@lauriefnp (5112)
• United States
9 Jan 07
I assume that you are talking about the woman's legal husband, and not the rapist? Her husband would legally have no rights unless he officially adopted the child, since it is not his biological child.
1 person likes this
• Nepal
10 Jan 07
so wats the matter nothing happen....if she will to hab a child...its very hard to say tht husband has any right or not .....but may be i guess ....no idea ...............