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Its a two way street. Men cant get divorced either.
It's there on the books due to child custody issues. A wife who's married and gives birth has the husband put in as the father. If unmarried, a woman can put in "unknown" as the father and take away all of his rights to see his kid or have anything to do with his child until a nice lengthy and costly amount of court, which gets even more difficult if the mom leaves the state.
So short version is that the law prevents one parent from trying to prevent the other parent from having any form of child custody.
Brother, this law is just deranged. Trapping people in a marriage is not OK.
Divorce includes agreements over custody, why not consider an expected child into that as well?
Because nothing stops a woman from writing in "unknown" on the birth certificate. There's also no "trap" of keeping a person into a marriage. It's not the 1800's. Being married or not doesn't change virtually anything you can do.
Then make a law to fix that instead!!! What kind of logic is this???
That'd be fine, too. I'm just saying it's a bit of a dumb law to go after because being married an extra 9 months or less doesn't really limit much of anything besides being able to marry someone else. It's close to a non issue. Some people never even mess with doing the paperwork and just stay separated for years on end.
Being married gives you the ability to make medical decisions among other issues.
Only if you can't make them yourself (like you're in a coma) and you have the ability to give anyone else you want a medical, financial, or both power of attorney for those decisions. The default is your spouse only if you don't have a POA set up. It can be done with a signature and a notary. You can print out the documents for free and have it all done in 15 minutes. Your bank will notarize things for you for free. Otherwise it may cost you like $10.
So, when you're in your coma, how do you tell the hospital that your POA exists?
You can let your medical insurance put it on file and so long as the hospital has your name, it will be known and they would contact your mom or sibling or whoever you made your POA. A hospital will see that information long before figuring out who your spouse you separated from is.
So why not change the law to, when getting a divorce during pregnancy you have to sign a paper promising he is the official dad and let them divorce anyway?
I mean I get that it's not up to the victim to decide if the guy is capable of being a father, there's other systems in place for that. But you just can't lock someone up with a partner they don't want in any circumstance.
Probably nothing.
At what cost?
Filing and forcing paternity tests isn't free. Especially if they've left the state. Many times you'll have to pay a lawyer to process and get it done. Plus you have to find where they're at to start the legal process. In the mean time you can go months without getting to see your child.