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. 2023 Mar;53(2):36-43.
doi: 10.1002/hast.1472.

Legal Discrepancies and Expectations of Women: Abortion, Fetal Therapy, and NICU Care

Naomi Scheinerman, K P Callahan

Legal Discrepancies and Expectations of Women: Abortion, Fetal Therapy, and NICU Care

Naomi Scheinerman et al. Hastings Cent Rep. 2023 Mar.

Abstract

Over the past several decades in which access to abortion has become increasingly restricted, parents' autonomy in medical decision-making in the realms of fetal care and neonatal intensive care has expanded. Today, parents can decide against invasive medical interventions at gestational ages where abortions are forbidden, even in cases where neonates are expected to be seriously ill. Although a declared state interest in protecting the lives of fetuses and newborns contributes to justifications for restricting women's autonomy with regards to abortion, it does not fully explain this discrepancy. We believe that social portrayals of women as complying with or shirking their reproductive function play a major role in explaining it. The growing divide between a woman's rights as a reproductive being and as a parent suggest that abortion restriction is rooted in a historical societal desire for women to serve as reproducers and in the corresponding fear of them abandoning this allotted role in pursuit of social equality. The Dobbs v. Jackson (2022) decision is not based in a view of abortion as a medical act occurring between a doctor and patient, as Roe v. Wade (1973) did, but decision-making about fetal therapy or NICU care is still viewed as occurring between a doctor and patient or surrogate because in this act a woman is seen as fulfilling her role as mother.

Keywords: NICU; abortion; autonomy; bioethics; fetal therapy; gender inequality; reproductive rights; women's roles.

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Conflict of interest statement

Conflict of Interest Disclosures: The authors have no conflicts of interest to disclose.

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References

    1. We fully acknowledge pregnant transgender and nonbinary individuals. In this paper, we refer to “she” for simplicity’s sake, and also to highlight to the traditional gendered conception of those who become “mothers.” In so doing, we realize this may feel exclusionary for those who do not identify as “she,” but also have full pregnancy goals and reproductive capacities and rights.
    1. Grossman D, et al., “The Public Health Threat of Anti-Abortion Legislation,” Contraception 89, no. 2 (2013): 73–74.; This was also Justice Stephen Breyer’s deciding argument in Whole Women’s Health v. Hellerstedt 579 US _ (2016). - PMC - PubMed
    1. See: Colgrove N et al., “Prolife Hypocrisy: Why Inconsistency Arguments Do Not Matter,” Journal of Medical Ethics 47, no. 12 (2020): e58.; W. Simkulet, “The Moral Significance of Abortion Inconsistency Arguments,” Asian Bioethics Review 29, no. 1 (2021): 41–56. - PubMed
    1. Watson K, “Refusing to Force Treatment: Reconciling the Law and Ethics of Post-Viability Treatment Refusals and Post-Viability Abortion Prohibitions,” chap. 11 in Reproductive Ethics in Clinical Practice: Preventing, Initiating, and Managing Pregnancy and Delivery (Oxford University Press, 2021): 170–196.
    1. Watson 2021, 178.

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