ABA Family Legal Guide

Family Law

Children

The Decision to Have Children

Who makes the decision to become a parent?

The Supreme Court declared in the 1973 case of Roe v. Wade that the decision whether to have a child is very personal and is protected by the right to privacy under the U.S. Constitution. This means that individuals who wish to have a child cannot be barred from doing so (unless, perhaps, they are incarcerated). Individuals who do not wish to have a child have a legal right to obtain and use contraceptives.