Seth wrote:surreptitious57 wrote:
Three - if a woman decides to have her child, then it is imperative that the man is financially responsible for it, even if the two do not share an address or have a relationship. This should stiill apply even if the child will be with a step parent as well who may be capable of bearing the financial burden. Over here in the United Kingdom, if a woman has no regular partner, she can name any man as the biological father. As soon as the child is born, the man will have regular deductions from his salary / benefit. If he disputes this, he has to take a paternity test. This takes between six to eighht weeks and he also has to pay for it as well. If it has subsequently been proved that he is not the father, then he will be compensated fully. But there is no reason as to why he should be paying before paternity has been formally identified. Especially when it can rest on a woman whose powers of recall are less than exemplary.
Why should the man be responsible AT ALL for the products of her womb? He has zero legal or practical control over it. Unless he agreed in advance to create and support a child, his sperm gift is a gift absolute and the woman cannot legally condition the giving of that gift in any way. She can either accept it or refuse it, but once she accepts it, it's hers and she cannot make a claim upon the man if she chooses to use it to procreate.
Of course she can "legally condition" the giving of a gift. If you offer to give me your car, and I agree to take it only if you pay the registration and insurance on it, then that's a legal condition.
However, the reason the man should be responsible is because the born child is a product of his genetics and the people that ought to be responsible for it are the parents - mother and father - absent extenuating circumstances. It's certainly not MY responsibility as a taxpayer - I, for one, certainly had no say in the matter - and the child, once born, can't be allowed to starve. So, if there are two parents available to take care of it, then they fucking damn well ought to. It's not the rest of our problem, and shouldn't be. So, as long as there is no dispute, and nobody is coming after the taxpayer's money (my money) to foot the bill, then there is no issue - the parents can divvy up the expenses as they see fit. But, when one parent seeks support from the State, then the question will be asked - "where is the other parent?" And, that other parent will be made to foot bill first, before the taxpayers (me and you included) have to kick in. Since I wasn't given any say, then YES, by all means, the father "should" pay support before the taxpayers pay.
The actual reason why the man is responsible is because the law says he is responsible.
Seth wrote:[
If I give you a car, and you accept it, and then you drive it into a bridge abutment and get hurt, you cannot make a claim against me based on the fact that I gave you the car. It's your car, you're responsible for how it's operated. If you're not a good driver who is prepared to operate it properly and safely, you should not drive the car. But if you do, and you do so carelessly, how am I responsible for your careless driving?
That's a nice analogy, but it's not what we're talking about. A car is not a baby, and it's not negligence or carelessness to have a baby.
Seth wrote:[
Why should a gift of sperm into a woman's vagina be treated any differently?
Because it's materially different.
Seth wrote:[
If I deposit a gift of sperm at her invitation, it's hers. She can kill it, prevent it from reaching her womb, or do whatever she wants with it. She can even get an abortion if she waits too long to deal with it. Under what theory of equity in the law am I to be held responsible for 18 years of child support for her careless womb operation?
Well, under the theory that a born child has the right to be supported by its parents, and that as between the parents and third parties, the parents ought to pay for the child.
Also, there is another equity involved. It's the fact that the law not only provides an obligation to the father to support after a child is born. The father also has equitable rights. If you give that gift of sperm to a woman, and then she has the baby, under your theory, if you want no liability for support, then you would have no right to sue for paternity - ever. After all, you gave an unconditional gift and she could do whatever she wanted with it - make a baby with it, whatever. So, if your hands are washed of the situation at the time of ejaculation, then you can't re-raise the issue at birth and claim that while you gave an unconditional gift when you came, you now want to be a father.
So, the equitable compromise is that fathers have the obligation to support, but the mother also has no right to deprive the father of those rights, and the courts will vindicate the father's parental rights. They will not inquire whether the sperm was unconditionally given or whether the father said - "I'll come inside you, but if you make a baby with my sperm, I need to be the father..."
Your rule would mean that the mere fact that men and women don't hash out support and custody arrangments prior to fucking, then fathers have no parental rights other than what mothers grant them voluntarily after birth. Is that what men want? Sure, if you don't want the baby, you want to wash your hands of it - but, most men want to be fathers to their children. If you don't pay your share of the support, though, you can't expect to have time sharing or visitation, or share in parental responsibilities, can you? How is that equitable?