A new legal theory argues that since consenting to sex isn't consenting to being a parent, the law should let people 'opt out' of child support.
SSRN · March 17, 2026 · 6303259
The Takeaway
Current law treats parenthood as a biological 'trap' for the non-gestating parent, even as it treats pregnancy as a choice for the gestating parent. This paper proposes a consistent 'consent-based' model where legal parenthood requires an affirmative commitment, allowing an opt-out window similar to other bodily autonomy rights.
From the abstract
Contemporary reproductive governance rests on an unstable dualism. In the bodily domain, pregnancy is governed through a sovereignty logic: continuation or termination is treated as a decision that cannot be subordinated to third party control without entailing coercion over the pregnant person's body. In the post birth domain, however, many systems anchor parental obligation in biological causation, imposing long term financial duties on a non gestating party irrespective of that party's lack o