Parenting

Proposed US law would let dad of unborn baby stop partner from having abortion


The new bill has been introduced by lawmakers in Tennessee (Picture: Getty Images)

A new law proposed in the US state of Tennessee would allow fathers of unborn babies to stop their pregnant partners from having an abortion.

Politicians in the southern state have proposed a bill that would permit a dad-to-be to file a court injunction and prevent the mother from getting an abortion.

The bill, which was introduced by Republican Senator Mark Pody and Representative Jerry Sexton, states that a person can ‘petition a court for an injunction to prohibit a woman who is pregnant with the person’s unborn child from obtaining an abortion.’

It has been filed in Tennessee’s lower Representatives chamber, and its upper Senate as well. If passed, the couple in dispute over the woman’s wish to have a termination would appear in court a fortnight later, where a judge would rule on whether the abortion could proceed.

The bill also states that the person who is seeking to stop the abortion does not need to prove he is the biological father, meaning DNA evidence is not needed.

It adds all the petitioner needs is ‘a voluntary acknowledgment of paternity that is not subject to being rescinded or challenged’.

Meanwhile South Carolina is moving closer to banning almost all abortions in the state. It moved closer to final approval in a committee vote split along party lines last week.

The House Judiciary Committee voted 15-8 to pass the ‘South Carolina Fetal Heartbeat and Protection from Abortion Act’. The bill has already passed the Senate and the governor promises he will sign it, although the law is likely to be the subject of lengthy court battles before it could take effect.

The proposal would require doctors to use an ultrasound to try to detect a fetal heartbeat if they think pregnant women are at least eight weeks along. If they find a heartbeat and the pregnancy is not the result of rape or incest, an abortion cannot be performed unless the mother’s life is in danger.

A fetal heartbeat can be detected as soon as six weeks after conception and before many women know they are pregnant.

Several other states have passed similar bills, although they are tied up in court challenges.

A woman’s legal right to an abortion has been enshrined in US law since the landmark 1973 Roe versus Wade Supreme Court ruling.

That court now has six conservative justices, and three liberals, after Donald Trump was able to appoint three justices while in office.

Many pro-choice campaigners fear Roe v Wade could be struck down when challenges to anti-abortion laws end up in the Supreme Court.

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