Paternal Rights and Abortion - History

History

Roman law allowed induced abortions but regulated it in consideration of the biological father. Emperor Septimius Severus ruled circa 211 AD that a woman who had an abortion without consent from her husband should face exile for having bereaved her husband of children.

In his speech Pro Cluentio, delivered in 66 BC, Cicero refers to a case he had heard of in which a woman from Miletus was sentenced to death for having aborted her pregnancy, upon receiving bribes from those who stood to inherit her husband's estate if he produced no heir. Cicero said that in doing so she had "destroyed the hope of the father, the memory of his name, the supply of his race, the heir of his family, a citizen intended for the use of the republic".

A 4th century BC Greek writer from Alexandria, Egypt, Sopater, quoted the lawyer Lysias, who had referred to a trial in Athens in which a man named Antigene accused his wife of having deprived him of a son by having an abortion.

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