You know, there should be a license required to have kids ... and the licesing process should check things like solvency, genetics, mental health history, history of violence, criminal history, etc. Such a licensing process would resolve issues like this one ... as well as generate revenue AND it would help reduce the number of crazies out there who are prone to senseless violence like the Sandy Hook shooting.
Consider that you have a right to keep and bear arms ... but no codified right to have kids. Thus, child-bearing, like driving, is technically a privilege, not a right ... and privileges like driving can be heavily regulated without infringing on your rights. So why not regulate child-bearing?