Recent legal movements and rules are being placed within the practice of maternal mothers with focus on the protection of the fetus as a separate entity from the woman. These legalities are said to question the rights of the pregnant woman about her own medical care and decisions. The new protective actions for the fetus will enforce criminal charges on women who behave in a way that is associated with fetal harm or adverse perinatal outcomes. The ethical dilemmas with maternal decision making are being approached because it “constrains the pregnant woman’s decision making by punishing them which erode a woman’s basic rights to privacy and body integrity.” (ACOG, 2011) The technological advances of current imaging, testing, and treating of fetuses help to create the view of a fetus being considered as an independent patient. They can be treated apart from the woman with whom their existence depends on. Civil laws regarding treatment of the fetus are critiqued because of the failure to address the health needs of the pregnant woman. Since an intervention on a fetus must be performed through the body of the pregnant woman many ethical and legal complications of protecting the fetus arise.
The Unborn Victims of Violence Act was signed in April of 2004 that legally implemented a federal offense or crime could be placed on a woman if she was to cause the death of or cause bodily harm to a fetus at any stage throughout the pregnancy. The ethical dilemmas pertaining to the interconnectedness of the pregnant woman and the fetus are applicable concerning informed consent, patient choice in the Maternal-fetal relationship, and at-risk drinking and illicit drug use. In respect to patients’ autonomous decision making, obtaining informed con...
... middle of paper ...
...ventions may implant fear into women about whether their wishes in the delivery room will be respected. In review to the ethical challenges of advancing maternal health, the “committee on ethics strongly opposes the criminal prosecution of pregnant women whose activities may appear to cause harm to their fetuses”. (ACOG, 2011)
Perinatal outcomes and maternal behavior is not a subject that is completely understood. Judicial authorities should not be instilled for care or treatment with procedures of protecting the fetus. The development of evidence-based practice and beneficial methods for addressing substance abuse of maternal women will aid medical care while improving services that will provide safe, accessible, and successful services for women and their families.
Works Cited
ACOG. (2011, November). Retrieved from Maternal decisionmaking ethics and the law .
Caplan, A., & Arp, R. (2014). The deliberately induced abortion of a human pregnancy is not justifiable. Contemporary debates in bioethics (pp. 122). Oxford, West Sussex: Wiley.
Neonatal Abstinence Syndrome (NAS) is a group of problems a newborn experiences when exposed to addictive drugs that the mother consumes during pregnancy. NAS is a growing concern in the United States and can have significant adverse effects on newborns. Shortly after birth, the infant can display many physical symptoms of withdrawal. In addition, substance abuse during pregnancy can cause premature birth, low birth weight, seizures, birth defects, Sudden Infant Death Syndrome (SIDS), and possible long-term cognitive and behavioral problems. The 2010 results from the National Survey on Drug Use and Health: Summary of National Findings reported incidence of substance abuse among pregnant women within the United States....
In the US, 89% of abortions are performed during the first trimester of a woman 's pregnancy. Approximately 115,000 abortions are done per day in the US and at least 25 and younger women have a 50% of having an abortion. This paper will reflect on the moral status of abortion, a fetus having value to life, alternative options instead of abortion and rape being an exception. The conservative point feels a fetus should be given full moral status. They should be given full moral status because in the early weeks of development they are developing major organs. A fetus should be given the right to continue to fully develop so that they have the opportunity to contribute to society. If an abortion occurs, it does not give a fetus the opportunity
Thomson recognizes that this thought experiment has a very limited application – specifically to those instances where a pregnancy is the result of coercion or violence. In the sec...
The term "reproductive rights" has become synonymous with abortion rights, birth control access, and issues surrounding reproductive technologies, yet the struggle for a woman's right to choose when and how to become pregnant often overshadows a woman's right to choose where and how to give birth. The lack of feminist discourse and activism surrounding issues of childbirth may attest to the hegemony in the modern American birth ritual of increasing medical intervention from obstetricians in hospital settings. There are currently several movements to challenge this dominant birth model--prepared childbirth advocates offer education classes and natural childbirth advocates lobby for the rights of midwives and home births--but I refrain from giving either of these movements a feminist label because neither are invested in challenging prevailing gender ideology or the equation of woman with motherhood. This paper will argue that a feminist discourse of childbirth is necessary by using a Foucauldian analysis to chart the current web of power and knowledge in the American hospital delivery room and how it works to deny agency to women in labor, alienating them from their experience. Recognizing that power and knowledge operate on a myriad of levels and tactics, including counter-tactics, I will not limit my focus to the dominant discourse of medical experts, but also explore what I call counter discourses of childbirth, particularly from the prepared childbirth and natural childbirth advocates. Within this discussion, I hope to offer suggestions on a feminist ethic of childbirth that reaffirms women's autonomy during labor, but does not limit them to prevailing codes o...
... excluded potential risk factors for preterm birth including previous pregnancies and multiple births. Thus, these results should only be applied to the risk of alcohol consumption for primiparous mothers with singleton pregnancies. However, despite the lack of risks identified in this study, alcohol use during pregnancy has been linked to disabilities. According to the American Academy of Child and Adolescent Psychiatry (AACAP, 2011), its adverse effects include fetal alcohol syndrome, learning disabilities, social ineptness, depression, and anxiety. The AACAP strongly recommends against pregnant women consuming any form of alcohol at any level. Despite the data presented by Dale et al. (2016), the question of the other risks of alcohol consumption on the fetus was not explored and thus alcohol use during pregnancy should not be condoned solely based on this study.
As one knows, some unwanted pregnancies could often be harmful and distressing for a woman. Women should have the right over their body to choose to sustain the fetus or not. In the past decades, women did not have their freedom of abortion in many countries of the world. There have always been controversies going on about abortion. Each individual has dissimilar views on the legality of abortion. Some people are against abortion for personal religious purposes and beliefs. For those who don’t believe in abortion, it is because they see it as killing a fetus, which is a human being. Others support abortion because they believe in women’s rights. Laws of abortion vary in each country, and abortion is not legal all over the world. It is illegal under any conditions but only permitted to save woman’s life if in countries such as Brazil, Nigeria, United Arab Emirates, and Ireland. However, abortion is legal without any restrictions in countries like Canada, Albania, and Italy. It the past decades Abortion was considered as criminal act in Canada. “If an abortion was carried out without such approval, the woman was liable for imprisonment for 2 years, an...
The debate concerning abortion still exists and is causing a lot of controversy. One of the biggest is an issue concerning mother’s who are experiencing health compilations during p...
“I brought you into this world, and I can take you out!” A child has most likely heard that phrase at some point in their life. Although, it is not ethical or legal for a mother to “take her kid out of this world”, it does bring up a good point that it was through her body, that the child was born. One of the most important responsibilities in this world is a mother carrying a child in the womb. There are many divine processes that take place during gestation, but there are also many contributing factors from the mother that can affect the developing human. These factors may include what a woman ingests and exposes her embryo or fetus to. Sadly, alcohol use during pregnancy is an ongoing problem that can have detrimental affects on the fetus, including Fetal Alcohol Syndrome (FAS). Choosing to drink alcoholic beverages during pregnancy is a choice, a risky choice. Unfortunately some women don’t even know they are making a risky choice by consuming alcohol because it is in the early stages of pregnancy. It is common for a female to not find out they are pregnant until at least the fifth or sixth week after fertilization. In 2006, 49% of all pregnancies in the United States were reported unintended on a national survey.1 The highest rate of preventable birth defects and mental retardation is due to alcohol use.2 In this paper, I will further discuss FAS, the potential effects of binge drinking during the embryonic stage of gestation, and what actions need to be taken in order to reduce the incidences of alcohol related birth defects.
Deontology is an ethical theory concerned with duties and rights. The founder of deontological ethics was a German philosopher named Immanuel Kant. Kant’s deontological perspective implies people are sensitive to moral duties that require or prohibit certain behaviors, irrespective of the consequences (Tanner, Medin, & Iliev, 2008). The main focus of deontology is duty: deontology is derived from the Greek word deon, meaning duty. A duty is morally mandated action, for instance, the duty never to lie and always to keep your word. Based on Kant, even when individuals do not want to act on duty they are ethically obligated to do so (Rich, 2008).
The birth of a child is usually a wonderful and priceless occasion. However, on June 5, 2015, an eleven-year-old girl gave birth to a newborn girl. Approximately a year before she gave birth, her 40-year-old father repeatedly sexually assaulted her. In this case, the unprepared eleven-year-old child decided to have the baby. This is a prime example that illustrates that the right to abortion should always be vested in the woman.
Over the course of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with regard to her reproductive rights.
All drugs, legal or illegal, are considered to be harmful to the fetus and should be taken with caution and under the doctor’s direct orders only. Drugs can be anything as simple as a cigarette to a major substance like heroin and cocaine. Most mothers who do drugs during their pregnancy don’t think about the detrimental effects they could be causing to their baby. Any amount of these forbidden substances can leave an everlasting effect on the precious defenseless baby. Most women know that when you are pregnant your hormones vary greatly, but when a woman is pregnant it also ...
The addicted individuals need to be aware of the services that are available for them and their children during and after their addictive stages. The abuse that some of these children endure can start at the earliest stages of their lives. Fetal Alcohol Syndrome begins to effect the child while it is still in its mother’s womb. This disease not only effects the child physically, but emotionally and intellectually. Many parents continue to abuse substances while they are knowingly pregnant.
Abortion may appear ethical or unethical depending on various viewpoints and circumstances. The fetus is considered a person and bringing it to term may be unethical as the act is considered as murder. In some situations, the mother may require to terminate a pregnancy for her bodily autonomy (Johnston, 2003). In such positions, the resolution to terminate a pregnancy may be argued as the most ethical choice. The mother is also considered to having a reasonable level of ethical responsibility to the fetus, because she did not take enough precaution to ensure avoiding conception (Cline, 2014). The mother’s ethical responsibility to the fetus may not be enough to deprive her choice of abortion; it...