Possible Loophole in Paternity Law?

incredibletulkas writes "I believe that there is a viable loophole in paternity law to ensure fairness in men's reproductive rights; this is the "Last Clear Chance" doctrine of common law, which provides that, regardless of who was at fault, the person who had the last clear chance to prevent in incident from occurring is ultimately responsible if they fail to do so.
Since, under current law, a woman obviously has the last clear chance to prevent a pregnancy from coming to term (i.e. she can prevent it later than the man can), then she is wholly responsible for the outcome. Likewise, since the right to life of the unborn is considered a religious issue only, then under the First Amendment the law is precluded from permitting one person's religious preferences from being forced upon another person, which would be the case if a woman used her religious-based refusal to obtain an abortion to force the man to pay for her resulting child.
Therefore, if a man informs the woman outright that he does not wish to participate in any pregnancy at a time of the pregnancy when abortion is legal, then the woman, by act of omission, is wholly responsible for the ensuing child.
I am not a lawyer, but this seems like a reasonable interpretation of existing law, and I invite any legal persons to scrutinize it." I thought this was an insightful idea, and wonder if it could work. Comments from the legal community are especially welcome.

NOTICE: This story was migrated from the old software that used to run Mensactivism.org. Unfortunately, user comments did not get included in the migration. However, you may view a copy of the original story, with comments, at the following link:

http://news.mensactivism.org/articles/02/08/14/1618238.shtml