Are Spouses Obligated To Have Children Or To Try To Have Children?

No. Whether married or not, an individual who wants to have a child cannot be stopped from doing so (with the possible exception of a person who is in jail.) On the other hand, an individual who does not want to have a child has a legal right to obtain and use birth control. One spouse cannot legally force the other spouse to have a child. According to the United States Supreme Court, the decision of whether or not to have a child is protected by the United States Constitution under the right of privacy.

Other Marriage FAQs

Q: What Is The Legal Definition Of Marriage?
A: Marriage is defined as a civil contract between two people who meet the legal requirements for getting married established by the state, which vary from state to … More
Q: What Is Required To Obtain A Marriage License?
A: The requirements for the issuance of a marriage license are generally set by statute for the jurisdiction in which the marriage will occur. Generally it must state the … More
Q: What Does It Take To Solemnize A Marriage?
A: The concept of solemnization of the marriage literally refers to the ceremony involved. It is not enough to simply marry within the geographical limits of a state; … More
Q: Who Can Solemnize A Marriage?
A: A person authorized to solemnize marriages must be a priest, minister or rabbi of any religious denomination...a judge or retired judge, commissioner of civil … More
Q: Do I Need To Take A Blood Test In Order To Get Married?
A: This depends on the state in which the wedding is taking place, because the rules vary from state to state. Numerous states ended premarital blood tests and/or … More
Q: What Is A Common Law Marriage?
A: A small minority of states allow the creation of marriage by common law. A common law marriage is one in which there is no ceremony or marriage license. The parties … More
Q: What About Same Sex Marriage – Is This Legal?
A: As of 2007, not unless you live in Massachusetts. Other states such as California, Vermont, New Jersey and Connecticut recognize “domestic … More
Q: Are Blood Tests Required To Get Married?
A: This depends on the state in which the wedding is taking place, because the rules vary from state to state. Numerous states ended premarital blood tests and/or … More
Q: Is One Spouse Liable For The Debts The Other Incurred Before The Marriage?
A: This depends on the state in which the married couple lives, but in general the answer is no. In states where community property (property owned in common by both … More
Q: If People Choose To Live Together Instead Of Getting Married, Should They Have A Contract?
A: Choosing to have or not have a contract is between those two people. If a legal contract is entered into, it is enforceable in the courts of most states. Preferably, … More