Of course she has a choice. How many folktales are there about women who committed suicide rather than marry some particular man? The common element is that the women who make that choice don't leave children.
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Lots of invisible social facts go into that to create the practical meaning of a legal text - look at the formal rules / informal knowledge around contemporary mating. In this specific case you're talking about a social change and, yes, a real filter. 1/3
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