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Military Abortion Law

Military abortion laws are strict and in place for a members protection. Members are expected to follow these laws; however, they can be confusing. Read below where Military Experts have answered questions for others.

Can the chain of command force a person to take a pregnancy test after an abortion?

Case Details: The person is now facing an art 15 for lying to command about when the abortion took place.

It is unlikely that the commander was within the legal right to order you to take a pregnancy test. However, it would seem that there are more pressing matters at hand. You really should have legal representation for this situation. You need to go to Trial Defense Service (TDS) and tell them the entire story. Now is when you should put all focus on the Art 15 and prepare for it. TDS can assist you with the ART 15 and help you get past it.

If a married soldier has an affair and the woman has an abortion, can the soldier be charged by the military if his wife is okay with the affair?

As far as the law is concerned, the fact that your wife is aware and ok with the affair will have little bearing on the fact that you have violated military law. However, the fact may sway your command from pursuing any further action. If your command chooses to proceed, they can base their decision on Article 134 (a catch-all for offenses that are not specifically covered by other articles). At this point, you may want to refrain from giving your statement to anyone until you receive legal guidance.

Can an unmarried soldier gain custody of a baby if the mother will not have an abortion and the father is threatening to take it?

Usually, if the parents of the baby are not married, but the father is named on the birth certificate, the father will maintain rights to the child. However, this wouldn't mean that the father could take the baby from the mother. Generally, in order for a mother to lose custody of a child, she would have to be abusive or neglectful. The courts usually don't remove a child for anything less than what is in the best interest of the child.

What rights does a military wife have if her husband has an affair, the woman has an abortion and now the husband wants a divorce?

You can make a divorce difficult for your husband by not cooperating in the proceedings and forcing him to hire an attorney. However, if your husband wants the marriage to end, there isn't much more that can be done to stop him. You can tell your husband's command about the affair. If they choose to investigate the claim, they could prosecute because adultery is illegal in the military. However, before you decide to turn him in, you may want to consider the financial outcome for both of you. If he is prosecuted, he will be separated from the military and will lose his retirement benefits. The final decision will be yours and how bad you want him to pay for his affair.

Can a marine get into trouble for having an affair with a woman who will not have an abortion to avoid alimony and charges from the military?

An affair in the military is a crime and the marine would probably get into a lot of trouble. He would probably have to pay alimony to his wife if they divorce also. If the woman chooses not to have an abortion, the marine will be responsible for the baby’s needs. He will have to support the baby regardless of whether he is in the military or at a civilian job until the baby turns 18 years old.

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