A legally recognized parent has the right to make decisions on a child’s behalf
and the responsibility to provide financial and emotional support for the child.
Under the law in most jurisdictions, a child may have two parents (one father
and one mother), one parent, or no parents. The identity of these parents can
be determined by birth, marriage, legitimation, paternity proceedings, or
through adoption. Since the rights and responsibilities attendant on
parenthood are so encompassing, the law places certain restrictions on the
rights of a woman to conceive a child without the permission of the man who
will assume the legal duties of father to the child. The clearest restrictions are
the requirements in artificial insemination statutes that a married woman have
her husband’s permission to be inseminated. Potential fathers have also asked
courts to block the implantation of previously frozen embryos, although the
absence of statutory guidance makes these cases more ambiguous. Outside of
this right to veto certain reproductive procedures that will lead to the bearing
of a child, fathers have no legal right to control the mother’s medical care. Nor
do they have the right to prevent or force a woman to have an abortion or to
require that she use contraception.
It is important for a physician treating a child to know if the child has a legally
identified father and whether the father has full parental rights. The rights of a
legal father (not a merely biologic father) start at the child’s birth and are
coextensive with the mother’s rights. This means that from the birth of the
child on, a father and a mother have the same rights to determine the medical
care their child will receive, where the child will live, and all the other decisions
that parents normally make for their children. If the mother and father do not
agree, it is the business of the family courts to decide who will care for the
child.