The "purpose" of sex is irrelevant. What's relevant are the natural, known, predictable risks of having sex and the legal principle called "assumption of risk" and "implied contract."Feck wrote:The only 'contractual' obligations I assume when sleeping with a woman are not to deliberately give me a retro virus and not to misrepresent it as rape later .Seth wrote:Therefore, in summary, women who have consensual sex with a man assume and consent to the known risks of pregnancy, including the known risks of pregnancy even when using birth control, and absent the consent of the other parties to the contract formed by that consensual act to termination of a pregnancy, both the father and the State have a right to intervene in any decisions regarding the welfare of the zygote/fetus, including preventing termination of the pregnancy and compelling specific performance of gestation through birth.
The value of a half copy of a man's DNA is virtually nothing ,biologically it is up to her body what happens to that information .
If I give a woman half the blue prints for a house and none of the materials needed to build it and no contract verbal or otherwise is entered into about her requirement to build it for me (say for example I drew a picture on the back and gave it her) , Can I or the state intervene to force her to build it ?
You make the assumption that the purpose of sex is making humans ,That there is a contractual obligation that a woman has to gestate a child that she under took by having sex even though and esp if contraception is used that is Clearly NOT an accepted or implied part of any contract .
Whether you agree or not, the legal fact is that when you have sex with a woman, if she gets pregnant, and she decides to keep the child, you ARE legally responsible for 18 to 24 years worth of child support, and the courts will coerce your specific performance in that implied contract.
I see no reason why women should be held to a lesser standard than men.
The contract involved means that IF the woman gets pregnant, then there is more than one interested party to the transaction, and before any irrevocable decisions are made, all interested parties must be consulted and agree to the action.
This means that if you and your girlfriend get knocked up, she can't abort the baby without your consent, and you can't force her to have an abortion if she wants to keep the baby without her consent.
The status quo would be that without express agreement on the part of both parties, natural gestation would continue. And that's leaving out the interests of the fetus as protected by the State, acting as guardian ad litem.
In other words, you should make an agreement, probably a written one, about what the dispensation of the fetus will be, one which comports with local laws on the subject, before having sex.
This allows both parties to set forth their duties and obligations under the contract. For example, your pre-coital contract would simply say that you take no responsibility for your semen or any child that might result from injecting it into a woman, and that you refuse to be responsible for the care or maintenance of any such child should the woman decide to gestate the child to term. Such a contract should absolutely absolve you of any liability for a child resulting from your sexual union. The woman can refuse to sign, and refuse to let you fuck her. But if she DOES let you fuck her, after you've informed her of the contract, even if she doesn't sign, she's still ratified the contract through performance. In other words, if you say, "Baby, if you get knocked up, I'm not paying a dime to support the rugrat." that's a binding oral legal contract if she spreads her legs and lets you inside.
In the same manner, the woman could require you to sign a contract saying that you WILL be one-half responsible for any child resulting from the sex act. Your choice is to decline to have sex.
But the default implied contract would be that if a child is conceived, neither the father nor the mother can knowingly or deliberately terminate that child without the express consent of the other parent and the State.
So, girls, get a signature or keep your knees together. Welcome to sexual freedom!