Custody and Couvade: The Importance of Paternal Bonding in the Law of Family Relations

Abstract:     
This paper discusses the importance of paternal bonding in the law of family relations. Drawing on the metaphor of couvade--pregnancy symptoms in expectant fathers--the paper argues that men have a closer connection with the process of procreation than is commonly supposed in contemporary family law. The paper evaluates the paternal role in seven stages or events connected with procreation--contraception, conception, pregnancy, abortion, perinatal loss, labor and delivery, and early infant care. The paper then considers three legal contexts in which paternal bonding during procreation plays a role: abortion, adoption of children born out of wedlock, and custody/visitation during divorce.

Working Paper Series