Can I prevent her from having an abortion?

divorce attorney Jill DuffyQuestion:

My ex-girlfriend is pregnant with our child, but she has decided she wants to have an abortion. Is there anything I can do to prevent her from having an abortion?

Can the mother terminate her parental rights after the child is born so I can take full custody and she doesn’t have to see the child again?


First, let me preface my answer by stating that I am not licensed to practice law in your state. The information in the article is general in nature. You should contact an attorney in your jurisdiction immediately to discuss your options.

Traditionally, men do not have the right to block a woman from getting an abortion. Louisiana, where you are writing from, is one of 17 states that require women to get education before an abortion. The woman must give written, informed consent at least 24 hours prior to the abortion being performed.

Your best defense to preventing an abortion is to help ensure that your mate is educated about the consequences of abortion. Abortion is a serious matter that one should make only after becoming fully informed of all of the options and effects.

In most states it would be legal for a mother to give birth to a child and voluntarily terminate her parental rights, giving all rights to the father of the child. You should consult with an attorney who is licensed in Louisiana to discuss that state’s laws.

If your mate decides to give birth to the child, you must establish your paternity as soon as possible, either by signing the birth certificate, or by filing a case in family court to establish that you are the father of the child.

You should contact an attorney who is licensed in Louisiana to further discuss the specifics of your situation.


Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.

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