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PubMed1987

Fetal abuse and neglect: an emerging controversy.

Advances in fetal medicine have expanded opportunities for protection of fetal health and intrauterine management of an increasing number of fetal disorders. The legal rights and duties of parents to provide necessary medical treatment for the child may extend to the prenatal period. Resolution of the conflict between the rights of the fetus to be born healthy and the pregnant woman's right of privacy is difficult and controversial. It is suggested that intrusion into a woman's individual fundamental rights for the potential benefit of her fetus should be permissible only in narrowly defined circumstances.

Abortion, Induced↗
PubMed1983

An historical perspective on the law of personality and status with special regard to the human fetus and the rights of women.

The law of status enabled primitive societies to deal with the rights and duties of different types of persons--including the fetus and its bearer--within the group without the need to create elaborate social mechanisms and legal enforcement to install and perpetuate order in the society. Roman law acknowledged and classified personal status as the primary subject of law. English common law held that the principal aim of society was to protect individuals in their enjoyment of absolute rights. As contract replaced status as the focus of American Constitutional law, personhood became recognized as a potential only after fetal viability.

Abortion, Legal↗
PubMedDate not supplied

Abortion on demand.

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Abortion, Legal↗
PubMed1982

Abortion ethics.

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Abortion, Induced↗
PubMed1982

Beyond abortion: the potential reach of a human life amendment.

In Roe v. Wade, the Supreme Court held that the constitutionally protected right to privacy includes a woman's right to terminate pregnancy. Following the decision, anti-abortion groups turned to Congress to limit or negate that right. As a result of their efforts, several "human life" statutes and constitutional amendments have been proposed. This Article focuses on the implications of proposed amendments that seek to ban or limit the availability of abortions indirectly by broadening the definition of "person" to include unborn individuals. The Article discusses the potentially serious effects such an amendment would have in areas unrelated to abortion. It finds that the resulting chaos and uncertainty would have great social costs, and concludes that if abortions are to be banned or restricted, a human life amendment that directly deals with abortion is preferable to one that defines "person" to include the unborn.

Abortion, Legal↗
PubMed1995

Physicians targeted as abortion debate in US turns violent.

The last 2 years have marked a dramatic escalation in the level of abortion-related violence in both Canada and the US. Two physicians and two clinic workers have been murdered since 1993, and last November the violence may have moved north of the border with the shooting of Dr. Garson Romalis in Vancouver. Milan Korcok looks at the threats facing American abortion clinics and the people who work in them, and discusses steps that have been taken to protect them. He warns that the violence that has plagued the US because of this issue may now be moving across the border to Canada and other countries.

Abortion, Legal↗
PubMed1993

A tale of three women: a survey of the rights and responsibilities of unmarried women who conceive by alternative insemination and a model for legislative reform.

Courts in a number of jurisdictions have recently confronted questions of legal parentage concerning children conceived by alternative insemination. Typically, the biological mother is contesting the right of either the sperm donor or a non-biological co-parent to custody or visitation. This Note surveys the current state of the law and demonstrates a lack of protection for the rights of unmarried biological mothers and their co-parents. This Note then proposes a new paradigm for establishing the parties' rights and obligations, one that reflects the parties' pre-insemination, mutual intent regarding parenting responsibilities and encourages legal acknowledgement of and protection for the families people are creating with the help of AI.

Child Custody↗
PubMed1993

When pregnant patients refuse interventions.

Good communication between clinician and pregnant patients should avert most decision-making conflicts. Pregnant women may legitimately refuse prenatal screening procedures in view of the limited follow-up options. They also may choose alternatives to most standard obstetric interventions; clinical studies raise questions about the necessity of these interventions. A well-informed woman may refuse cesarean delivery in most situations: predictions of harm are highly uncertain, and she would be asked to accept risk and harm for the sake of another. However, in exceptional situations in which harm to the fetus is nearly certain and vaginal delivery also endangers the woman, the harm-to-others principle limits autonomy, and coercion may be ethically justifiable.

Adult↗
PubMed1995

Legislating to preserve women's autonomy during pregnancy.

Women are often excluded from the process of medical decision making during pregnancy, even though medical decisions that are made by health care professionals affect them personally and affect the future well-being of the unborn. Women in general and pregnant women in particular, will feel the impact of new genetic tests and technologies, designed to predict and even treat certain genetic problems during pregnancy, through prenatal diagnosis, foetal surgery and foetal gene therapy. This may be the first of several implications that new genetics technologies will hold for women's autonomy during pregnancy. Does genetic testing of a foetus empower women or pose an unanticipated threat to autonomy? To address these issues, there is a need to articulate a feminist perspective on genetic testing and possibly to legislate protection of women's rights during prenatal care. This article raises, but does not answer, several important issues regarding the implications of new developments in genetic testing that will affect pregnant women's autonomy in medical decision making. The article concludes that, although there are United States constitutional protections for the right to abortion and in turn, therapeutic abortion, an unfavourable chain of precedents regarding women's autonomy during pregnancy makes it imperative that there be strong legislation providing assurances that information will be given to pregnant women about the genetic testing process; that women will be made aware of their right to refuse treatment; that the law will require health care professionals to give adequate information to pregnant women regarding possible treatment outcomes in order to make an informed choice; and that there will be adequate protection for the right to confidentiality of information regarding prenatal prognosis, in order to safeguard autonomous decision making during pregnancy.

Female↗