The woman’s right to maternity corresponds with the states obligation to create conditions necessary for its optimal use, without the consequence of obstructing other persons rights. Although the presumptive right of a father can be harmed by abortion, he can not rely on a breach of article 8 of the Convention, as is his right is balanced by the rights of the pregnant women, as she is the main person responsible for her pregnancy and its termination. Thus, this study criticize a bill which proposed the establishment of liability offenses for "Making voluntary interruption of pregnancy without her husband's written consent when the law requires it" (para. (3) art.771 The Contravention Code of the Republic of Moldova). The author's approach is consistent to address deficiencies arising from such a proposal, appealing to national legislation, but also to the jurisprudence of the European Court in this matter.