There are very few things that cause as much of a disruption in your life as discovering you're pregnant. Those who are already parents know what to expect, but for those pregnant for the first time, it can be a time of anxiety and trepidation, even if you are otherwise excited. Pregnant women without a partner may find it even more stressful.
It can feel like childbirth and parenting laws favor married couples, but unmarried pregnant women have rights and protections as well. However you decide your pregnancy needs to proceed, knowing about all possible forms of aid can help ensure you have support for the best course of action for you.
Keeping Things Private
Your right to make medical decisions about your body and to have them kept private are protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). In general, this means that your healthcare providers can't share your health information without your permission, unless required by law in certain situations. For example, in many states medical professionals are required to report evidence of drug or alcohol abuse in pregnant women.
As an unmarried pregnant woman, this applies to the father. If they want to attend your appointments with your doctor, see test results, or be present for sonogram viewing and the like, they need your permission to do so.
For the most part, the wishes of the unmarried pregnant woman will outweigh those of the putative father (a putative father is a partner who has not proven paternity). The nuances of the law vary between states, and a court order can change the situation, so no two instances will be exactly the same.
If You're Not Ready To Be a Mother Just Yet (or Ever)
Not all unmarried pregnant women are ready to or want to become unmarried mothers. For women who find themselves in that situation, there are a number of options.
Before 2022, women had the right to get an abortion if they so desired. Carrying a pregnancy to term, especially one that's unwanted, is expensive, life-altering, and punishing to the woman's body.
With the U.S. Supreme Court's overturning of Roe v. Wade, abortion rights became subject to state law. Accessibility became either limited or made illegal in certain jurisdictions, so be aware of the laws in your state before proceeding.
Giving a child up for adoption is a path available for those who are unable to raise a child but don't want to have an abortion or can't because of state laws. In some cases, prospective adoptees may be able to help with medical costs. A gynecologist/obstetrician can often offer useful information if this choice appeals to you.
Abandoning a child in a dangerous place should never be an option. For those who've given birth but don't feel like they can provide a good life for the child, safe haven laws allow the surrendering of the baby at a location like a hospital. Some states allow it to be anonymous, while others require identification.
Default Custody and Legal Rights
In most states, unmarried mothers are granted legal custody of the child unless the father has established paternity. Unless the two have reached a custody agreement, a putative father will need to get a court order for parenting rights and to be part of the child's life. The mother has default custody rights.
Without an order or established parentage by the father, the mother will likely have physical custody and call the shots for visitation rights in most states. Each state is different, so be sure to check the family laws in yours.
Let Science Settle the Issue
A putative father's rights to the child are extremely limited until paternity is established. Whereas in a marriage the husband is considered to be the presumed father, most states require either agreement between the unmarried parents or genetic testing to grant father's parenting rights. If the parents agreed on an acknowledgement of paternity before the child was born, the father can be on the child's birth certificate.
The unmarried pregnant woman or mother also has the right to demand that the putative unmarried father submit to DNA testing to determine parentage. A court order can compel the testing, which can be very important. Why? Because of child support.
Getting Help Through Child Support
It takes two to create a baby, and both carry the responsibility for their child regardless of the relationship (or lack thereof) between the parents. Child support is not only generated from a divorce; a pregnancy from a brief encounter is just as legally binding.
It may be necessary for the unmarried mother to pursue both establishing paternity and receiving child support through the court system. How much a mother can receive depends on a myriad of factors such as how much the father can afford, the needs of the child, and the laws of the state you're in.
Navigating the legal system and trying to determine the correct child support amount can be both daunting and frustrating. There's zero shame in speaking with a family law attorney for assistance on child support or any issue involving an unmarried pregnancy.
Don't Need a Ring for a Good Thing
If the child's mother and the child's father focus on fulfilling the best interests of the child together, their marital status shouldn't affect their co-parenting abilities. Unmarried couples can meet the child's welfare needs together or through an amicable parenting plan and timely child support payments.
If there are legal issues, unmarried mothers have family court available to help ensure the father of the child meets the requirements of the child support orders. While the hope is that the child's needs are met regardless of the custody arrangement, it never hurts to be prepared.
Related Resources
- Child Support by Court Order (FindLaw's Child Support Laws)
- What's Required To Get an Abortion? (FindLaw's Reproductive Rights)
- The Different Types of Adoption (FindLaw's Adoption Law)
