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Soleron said:

OK so everyone needs to keep a record of whether they used contraception or not. In fact, probably needs to be signed record by both partners every time they have sex.

Remember court battles over up to hundreds of thousands of dollars in support are at stake here. The above isn't absurd if you consider that. You'd get females alleging that that one time he didn't use it, and the male saying he did.


What I was arguing was cases where the man should be responsible. I never implied that it would be possible in practice. Do you agree that a man who has unprotected sex should be responsible for the child if the woman decides to go through with it?

As for the practical legal implications, I would be fine if the law assumed a pregnancy resulted from unprotected sex rather than ineffective contraception. Yes, very small percentage of men would be treated unfairly due to broken condoms (a risk they are always aware of, remember). However, think about the alternative: all males would be able to have endless unprotected sex without fear of consequences. I think the former scenario would have much better practical implications than the alternative.