By James M. Humber, Robert F. Almeder
Who has extra rights-the mom or the fetus?
Interdisciplinary in scope and personality, this most modern quantity of Humana's vintage sequence, Biomedical Ethics experiences, specializes in the complicated ethical and criminal difficulties related to human fetal life.
each one article in Bioethics and the Fetus offers an updated evaluation of the literature and advances bioethical dialogue in its box. The authors have refrained from a lot of the technical jargon of philosophy and drugs as a way to converse on to a huge and basic readership.
subject matters contain: • maternal-fetal clash • the disposition of aborted fetuses • frozen embryos • growing kids to save lots of sibling's lives • fetal tissue transplantation • ethical implications of fetal mind integration • the embryo as sufferer • prenatal diagnosis.
Probing deeply into those thorny matters, Bioethics and the Fetus bargains thought-provoking reading-and paves the floor for brand new insight-for a number of healthcare and different execs, in addition to involved laypersons.
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Additional info for Bioethics and the Fetus: Medical, Moral and Legal Issues
S. 113, 162 (1973). Maternal-Fetal Conflict 37 19See generally, H. Clark (1988) The Law ofDomestic Relations in the United States, 2nd. , St Paul, MN, pp. 850--905. , pp. 786-849. pp. 799-827. 2d 813 (App. Div. 1990). A. W. v. Johnson Controls, Inc. 2d 871 (7th Cir. 1989), cert. Ct. 1522 (1990). 24H. Hoffmann (1990) Fetal Protection Policies: A Method of Safeguarding Fetuses or a Way of Limiting Women in the Workplace. J. Health Hosp. L. 23, 193-207,213,224. , p. 193; J. Stellman (1989) Protective Legislation and Occupational Hazards: Flawed Science and Poor Policies, in Reproductive Laws for the 1990s (S.
Thus, one need not resolve the tension between fetal and maternal interests to conclude that compulsory C-sections on competent women are unwarranted. Such procedures are bad for both mothers and fetuses. Unfortunately, the court in A. C. reduced consideration of these practicalities to a footnote 51 and unnecessarily set out to resolve the maternal-fetal conflict question in the case of competent mothers as a matter of principle. A compulsory caesarean delivery could be viewed as either unwarranted medical treatment for the mother or use of the mother to benefit the fetus.
Judge Belson's concurring and dissenting opinion offers a much more sensible approach. Belson suggests balancing the unborn child's interest in life and the state's interest in protecting life against the mother's interests. Belson requires the balancing court to give "great weight" to the woman's decision. "57 What could be more sensible than that? Belson recognizes the importance of protecting a pregnant woman's autonomy and the foolishness of blindly following the fiction of an incompetent person's choice wherever it may lead.