dwc: What’s unequal is that in once case, the semen was freely supplied, but was misused without consent of the supplier, and in the second instance, the semen was obtained without consent. In neither instance should the men be charged with support, because they didn’t want to produce a child.
Well, it’s certainly unfair that the woman got a child she wanted while the man had to pay support for a child he didn’t want, because of the woman’s deception (and possibly even criminal acts). But this has nothing to do with some flaw in the implementation of “equal rights”: this is just due to the fact that one partner happened to be an unscrupulous rat. The fact that the unscrupulous rat in these cases happened to be the female partner is irrelevant.
It would be just as unfair if the genders were reversed, and a man impregnated a woman without her knowledge. The parallels to your two situations might be: (1) she consented to sex but didn’t realize there was a risk of pregnancy (“nothing to worry about, honey, I had a vasectomy!”), or (2) she wasn’t even aware of the sex act (say, she got drunk and passed out in a hot tub, or something).
In either situation, if she remained unaware of the pregnancy or was unable to get an abortion before the cutoff for legal termination of pregnancy, she would be forced to go through with pregnancy and childbirth, and she would also be responsible for child support, even though she didn’t want to produce a child.
dwc: When a man has no intention of causing impregnation and doesn’t willing or knowing behave in a fashion to cause such, actions by the female to cause same are deceptive by nature, and should eliminate any and all obligations of the male.
Morally, I agree with you. Similarly, when a woman has no intention of becoming pregnant, and a man impregnates her without her consent or knowledge, then the man’s actions are deceptive, and the woman should have no obligations. Morally speaking.
Legally speaking, however, the injustice done to a parent tends to take second place to the financial well-being of the child. The courts generally require biological parents to be responsible for support, and don’t concern themselves with whether he or she was tricked or forced into parenthood unwillingly.
As far as I know, the only recourse for someone in such a situation is to sue the dishonest partner for damages. If there was actual rape committed in the impregnation, the injured party could also press criminal charges, but from a strictly financial point of view that might not be a good solution. If the dishonest partner is serving a jail sentence for rape, then the burden of support and care for the child falls even more heavily on the remaining parent.