Proposed Law

Guaranteeing the welfare of children is among the priorities both at the national level and
the international level. To this end, my proposed law seeks to ensure that prospective parents
undergo a psychological test before they can be granted permission to have children. Many
parents are not fit to have children owing. Some do not have the requisite finances for the
upbringing of children. In addition, some are not psychologically ready to have children. Raising
a child is an expensive venture and one that requires one to be psychologically ready. In many
instances, children grow up in unsafe conditions. Some parents are unable to fend for their
families. In some instances, children undergo mental torture that stems from parents who have
mental and psychological problems. Measures put in place by the government to guarantee
children’s rights are not sufficient. The solution lies in ensuring that prospective parents are fit to
get children.
The law seeks to impose penalties on people who bring life into the world without due
consideration of the implications as well as without satisfying the psychological and financial
requirements. Standing can be defined as a condition that a party needs to fulfill and demonstrate
to the court. The federal goverment has locus standi under the proposed law. This is supported
by the fact that the state is responsible for ensuring that the rights of individuals, as well as the
welfare of children, are guaranteed. An individual found guilty will be liable for a misdemeanor.
The state needs to prove that the individual was not psychologically fit to have a child or that
they were not financially stable. The proposed law is a federal law, and as a result, it will govern
all states in the United States.
Under the law, the U.S. District Courts will have original jurisdiction in any matter.
However, decisions can be appealed at the circuit courts. The circuit courts will have final

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appellate jurisdiction. This law deals with criminal matters. As such various criminal sanctions
will be placed on individuals that violate the law. Unlike civil cases, criminal cases deal with the
rights of individuals. In criminal law, the burden of proof is beyond a reasonable doubt. The state
or federal government is given the responsibility of proving guilt (Divine, 2020). The plaintiff
has to prove that the defendant undoubtedly committed the crime. On the other hand, in civil
cases, a case is brought by a plaintiff. The aim is to prove that the defendant was more likely to
have been responsible for the act in question.
The legal penalties also vary in criminal and civil cases. In criminal cases, one is
subjected to a jury. The judge then sentences an individual who has been found guilty by a jury.
The judge then exercises their discretion (Divine, 2020). One may then be incarcerated, ordered
to pay a fine, or put on probation. On the other hand, in civil cases, the punishment is the
payment of damages to the plaintiff. In the present case, the punishments will be a fine not
exceeding 5,000 dollars or imprisonment not exceeding one year. The courts can also decide that
the state should take custody of the child once they are born in an effort to ensure that the child’s
welfare is guaranteed. All vulnerable children need to be protected in the United States. Such
protection should extend to unborn children.

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References

Divine, J. M. (2020). Statutory Federalism and Criminal Law. Virginia Law Review, 106(1), 127-
198.