Yes, both have a right to privacy but the woman does not want to encroach on the man's fundamental rights on privacy. There is no evidence that the woman has any desire or plans to deny the man the right to claim parentage with all the obligations and rights accordingly.The deeper discussion point was when does a persons fundamental right trump another's? In this case both have a fundamental right to privacy. They both have a fundamental right to be a parent, free of interference from anyone less a clear and present material harm to the child. So, you're suggesting that he doesn't have a right to be a parent because you claim he is not necessarily the parent or would need to establish paternity.
The woman does not want to trump any of his fundamental rights at all, it is completely the other way around. He will become father no matter what, it does not matter if he is floating in space or downtown when the woman delivers this baby, he has gone from someone with little or no rights to someone with a lot of potential rights. There is no trumping rights in this lawsuit. His rights are non-existent as to being inside the delivery room at the moment of birth. There is no legal right and IMHO no moral right in the case of parents who have split up and who are estranged from one another. In an ideal world I would love for him to be able to support the mother of his child while she delivers the baby and see him come into this world. However, this is not an ideal world for those 2 parents. She does not want him for support and does not need him for support. His presence would be purely as spectator and that is just not a good enough reason for him to be there. It is not a legal requirement to allow her to have him be there as a spectator, there is no legal grounds for him to demands that, in my point of view there is also no moral right for him to demand this.
Now if it was a case in which there was a legal basis for his demand to be present at the moment of birth and I, as a make believe lay judge, would have to choose that the rights of the mother and child far outweigh/trump the hypothetical rights of a father to see his child born. The safety and comfort of mother and child during the birthing process deserve greater consideration than the fathers need to be a spectator at the moment of birth. That at least is my opinion.
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BLADE BABE STRIKES AGAIN!!!
When the other poster made the ridiculous remark about a rapist's parental rights because I used the term "any father" within a context which I was speaking about any father who is not an estranged ex fiance; meaning any father who would normally be in a delivery room; I called that post a typical liberal move; the post was ridiculous. Why you chose to use that same quote was baffling to me, but hey you are the one that did that. If it was your intention to dispute my position on a father's rights, I don't think that comment was in itself very useful. If you wanted me to respond to your position as stated pages back in post #709 was your intention, then you could have raised those points again to me and I would responded to them directly. But that is not what you did is it? The part about "get over it" and "life goes on" was also not exactly a debate point was it?
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My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang
And it doesn't matter whether he would be thinking about her sexually or not. She has every right to maintain her privacy from people that are not necessary in the room, including the baby's father.
"A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt
Keep your religion out of other people's marriages.
But even then: the treatment of a few people toward you doesn't mean everyone has that same experience. If someone was a jerk to you in particular it is your right to complain. (Did you file a complaint? They won't address individual staff issues if you don't voice your opinion when it matters).
Some of this is a matter of the quality of hospital (like bedding concerns). After my experience at a low-rate hospital I did go out of my way to secure L&D in better conditions the next times. And thus, those better hospitals were generally more open to family and so forth.
My husband's recollection of being there was different - he has pleasant memories and hardly felt negated during the process, even though all attention was on me.
However, the OP is not in regard to married couples. If the OP was in regard to married couples I'd have a different opinion. I do believe married fathers have rights that unmarried fathers do not. Hence: being married. They're involved, responsible, and connected to it more. I guess things get blurred if they're married but legally separated for a while.
But the topic in debate covers singles: divorcees and other people who might not even be involved at all beyond sex in the past.
Surely: if she wants to have her ex or boyfriend there, she can.
Last edited by Aunt Spiker; 03-17-14 at 09:23 AM.
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It has happened before, but there is nothing to compare it to now.Pynchon - Gravity's Rainbow