Prenatal Rights of Father

[webbieswork]

What is the name of your state? Alabama

I have no idea if this is the right place to post this since there isn't a specific forum. Heck, all night of searching google hasn't turned up anything useful either, so I guess this is a non issue for most. Still, I'm hoping someone out there has some advice/knowlege that will help at least point me in the right direction.

Here is a synopsis of the potential case: An adult, married, pregnant woman is suspected of marajuana and/or alcohol use. Can her doctor (prenatal OB) test her without her knowledge, but with (or without) the consent of the father? Does the father have any rights whatsoever with regard to the actions or inactions of the mother as it impacts the health of their uborn child? For example, if he discovers her drunk can he have her comitted to an alchohol treatment program in protection of the fetus?

Thank you in advance for any direction you can point me toward!

 

[stealth2]

Until the child is born and he's legally declared to be the father, he has no rights at all.

 

[webbieswork]

Wow! You're QUICK! Thank you!

So the fact that they are married has no bearing on establishing paternity? Can he demand prenatal paternity testing to provide the basis for his case?

 

[webbieswork]

Also, can he demand testing at birth? If so, what are the possible ramifications of a positive test in court?

 

[stealth2]

Sorry - I missed that she was married to the father. He would be the presumed father then. He might be wise to draw her OB's attention to some of his concerns. However, I don't believe he can force Mom to undergo any tests that she doesn't want to take. I'm not sure about having her committed to rehab - he may want to talk to a lawyer about that.

How long has he known of her drug & alcohol use?

 

[webbieswork]

He doesn't know. He just suspects. But the time frame would be occasional use throughout the entire pregnancy, which is currently just short of six months. The mother, on the other hand, denies any use from early pregnancy on and feels he is invading her right to privacy. (Never mind the OBVIOUS marital issues regarding trust and communication.)

ETA: If he calls the OB's attention to his concerns, what are the options available to the OB without maternal consent?

Thanx again for your well informed and fast responses!

 

[webbieswork]

Sorry, I guess I'm rambling. I HATE being caught in the middle! LOL!

I am basically just looking for confirmation of my suspicion that there isn't a blessed thing he can do. (That marriage counseling is a better option than the court system.)

 

[LdiJ]

Sorry, I guess I'm rambling. I HATE being caught in the middle! LOL!

I am basically just looking for confirmation of my suspicion that there isn't a blessed thing he can do. (That marriage counseling is a better option than the court system.)

You are correct. There really isn't anything that he can do. Marriage counseling certainly would be a better option than the path he wants to take.

Despite the fact that he is her husband, the doctor won't even TALK to him with her consent.

He can't force anything based on just suspicion anyway.

 

[BelizeBreeze]

The man is the presumed father of the baby upon it's birth. Even if they become divorced before the birth, legally, he is still the father upon birth or a finding of paternity.

The husband has no legal rights over the body of the wife and therefore, no legal rights as to medical care.

 

[Rushia]

I really have no advise for the OP, but have a question related to this topic. I keep reading that no test can be forced, but during both of my pregnancies, I had to submit urine tests every visit. The doctor made it very clear that every one would be tested for drugs (not that I had anything to worry about as I haven't done anything since being a stupid teenager), and informed me that if I tested dirty at any point there would be serious trouble. I thought that this was normal for every pregnant woman, so I guess that I'm just confused as to whether doctors actually have any right to do this. I also have known of women who did test dirty and had social workers showing up at their homes before the birth of the child (even with it being a first) and continuously afterwards.

 

[BelizeBreeze]

I really have no advise for the OP, but have a question related to this topic. I keep reading that no test can be forced, but during both of my pregnancies, I had to submit urine tests every visit. The doctor made it very clear that every one would be tested for drugs (not that I had anything to worry about as I haven't done anything since being a stupid teenager), and informed me that if I tested dirty at any point there would be serious trouble. I thought that this was normal for every pregnant woman, so I guess that I'm just confused as to whether doctors actually have any right to do this. I also have known of women who did test dirty and had social workers showing up at their homes before the birth of the child (even with it being a first) and continuously afterwards.

If you want an answer then post your question in your own thread and why you were being tested for drugs.

 

[Smarty Panties]

I had to pee in a cup at every prenatal visit but it never occured to me they might check for drugs. Maybe he could ask the doctor to check her urine or suggest he should to look for drugs?

 

[BelizeBreeze]

I had to pee in a cup at every prenatal visit but it never occured to me they might check for drugs. Maybe he could ask the doctor to check her urine or suggest he should to look for drugs?

He has no legal right for such, and any physician, when asked for such will promptly throw him out of the office for fear of facing ethics charges.

 

[Smarty Panties]

He can't even bring it to the doctor's attention?

 

[BelizeBreeze]

He can't even bring it to the doctor's attention?

Now, is that what I said?
Ultimate control over the girl's body belongs to the girl. A physician may suggest a test for drugs, even after the boy claims she does drugs but if she refuses, there's not a damn thing the doctor can do except refuse to treat.

I gave Rushia a link in her re-post. Go read it then you tell me