Fetuses and Embryos
- LAST REVIEWED: 27 March 2014
- LAST MODIFIED: 27 March 2014
- DOI: 10.1093/obo/9780199791231-0107
- LAST REVIEWED: 27 March 2014
- LAST MODIFIED: 27 March 2014
- DOI: 10.1093/obo/9780199791231-0107
Introduction
In the non-medical/scientific publications, the human organism prior to birth generally is referred to as a fetus, but it is important to recognize that technically the term “fetus” actually only refers to the human organism from roughly the tenth week of gestation onward. Prior to that gestational age, terms, such embryo and zygote, are technically correct. However, in this article we will follow the convention of using fetus as an all-compassing term referring to the human organism at all stages of gestation. There are many possible avenues for the research that seeks to study the fetus. Beyond the foundational medical and technological developments, the researcher can explore many of the social, legal, and ethical questions surrounding the place of the fetus in modern society. With the advances in reproductive technology, what is the place of the physically or intellectually disabled fetus in society? Quality of life assessments and genetic counseling can help to inform the parents of their options under such circumstances, but the decision to keep or abort the fetus remains theirs alone to make. How does one define the beginning of personhood? At what point––fertilization, conception, some point during the pregnancy (such as viability) or birth––does the fetus take on personhood? Scholars, trained in medical ethics, religious thought, and philosophy, have engaged in extensive debates over this issue, but without reaching a consensus. One of the most perplexing questions is the relationship between the fetus and the woman. What is the woman’s responsibility to the fetus? How can women preserve their independence and autonomy? Legal commentaries are extensive on such questions. How can the state balance its requirements to protect the autonomy and equality of the woman with its interests in protecting future and potential life? Other researchers examine the influence of the fetus on modern culture, particularly the influence of the sonogram and fetal imagery on societal perceptions of the fetus in the womb. Although the issues of abortion and stem cell research have tended to dominate public discourse, there are other important legal and policy concerns. These include issues such as prenatal substance abuse, disability rights, and sex-selective abortion. The final section of this bibliography provides a list of a number of abortion/women’s rights–related protest and advocacy organizations. A number of them produce original research and policy analysis. Others emphasize public education and public protest. Many are involved in the electoral, legislative, and judicial processes. As will be evident in the entries that follow, medical and technological advances have reopened questions as to the meaning of embryonic and fetal life and its relationship to childhood.
Medical and Scientific
A good place to start is with an understanding of the biological development of the human organism prior to birth. There are a number of medical text and reference books that provide a detailed description of the growth and development process. These books range from a general coverage of the topic to specific elements of development and care. There also are a number of journals that cover areas of interest in obstetrics. Some of the newest topics in obstetric medicine include prenatal and genetic testing and the adverse effects of drug interactions. Many recent studies are focused on devising new, non-invasive tests to check the fetus for genetic disorders. Current tests, such as amniocentesis, are invasive and carry a number of risks for both the fetus and woman. In connection with this is the expanding field of testing for genetic disorders. These medical journals are full of articles that address testing for specific disorders. For the sake of broad coverage, this list includes articles with more general discussion. While these sources provide a good starting point, it should also be noted that medical science is a rapidly evolving field.
Obstetric Definition and Development
These resources are clinical and contain detailed and technical discussions of the development of the embryo and fetus during pregnancy. Cunningham, et al. 2009: Fortner, et al. 2010; and Reece and Barbieri 2010 are all textbooks or reference books designed for medical students, residents, and practicing physicians. Mathew and Bhatia 2011 provides an in-depth description of recent technological advances in fetal and neonatal care. Marin-Padilla 2011 gives a thorough study of prenatal brain development. Listed here as well is the American College of Obstetricians and Gynecologists, the primary professional community of practicing physicians in the United States. There are similar organizations in other countries as well. Pregnancies are generally described as occurring in three parts (trimesters) and occur during a nine month process. During the first trimester (weeks 1–12), the organs and limbs of the embryo/fetus begin to form. By the end of this trimester the nerve and muscular networks begin to function. During the second trimester (weeks 13–28), the bones and muscles continue to develop, skin begins to form. The fetus begins to sleep, wake, and hear. The lungs form and the fetus begins to produce blood cells. At the third trimester (weeks 29–40), the fetus begins to grow substantially in weight and all internal development finishes. By 37 weeks, the fetus is considered “full term” and can fully function outside the womb. In preparation for delivery, the fetus turns into a head-down position.
American College of Obstetricians and Gynecologists.
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This is the professional organization of practicing physicians within the United States. It provides a number of up-to-date publications that address the newest developments in the fields of women’s health, pregnancy, and fetal care.
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Cunningham, F., Kenneth Leveno, Steven Bloom, John Hauth, Dwight Rouse, and Catherine Spong. Williams Obstetrics. 23d ed. New York: McGraw-Hill, 2009.
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This text was first published in 1904 and is now in its twenty-third edition. At over thirteen hundred pages it is one of the more extensive books available. It includes both general/basic information and very detailed and clinical information. Thus, it is a good reference book for understanding both the entire process of pregnancy and obstetric development as well as the more detailed aspects of a particular stage or event.
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Fortner, Kimberly B., Linda Szymanski, Harold E. Fox, and Edward E. Wallach, eds. The Johns Hopkins Manual of Gynecology and Obstetrics. 4th ed. New York: Lippincott, Williams & Williams, 2010.
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This is a smaller reference manual designed for residents and medical students. It includes an extensive resource list for additional reading. Covering a range of topics that span women’s health, pregnancy, labor and delivery, and oncology, the book provides an outline and overview of the many areas of obstetrics and gynecology that physicians encounter.
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Mathew, Oommen, and Jatinder Bhatia. Innovations in Neonatal-Perinatal Medicine: Innovative Technologies and Therapies That Have Fundamentally Changed the Way We Deliver Care for the Fetus and the Neonate. Hackensack, NJ: World Scientific, 2011.
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This book highlights the medical developments of the 20th century and their role in improving life expectancy and infant and maternal mortality. Topics range from in vitro fertilization to fetal imaging and diagnostics to care of premature infants. Adopting a global perspective, this book uses the advances in pregnancy care to address the continued problems of providing suitable care in developing and resource-poor countries.
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Marin-Padilla, Miguel. The Human Brain: Prenatal Development and Structure. Heidelberg, Germany: Springer, 2011.
DOI: 10.1007/978-3-642-14724-1Save Citation »Export Citation » Share Citation »
This book focuses on the development of a single sector of the human brain throughout the stages of pregnancy. It is very thorough and technical. It discusses the development of the human motor cortex, the area of the brain that controls muscle movement. To highlight the complexity of the human motor cortex, Marin-Padilla includes a chapter that outlines the development of the cat motor cortex which is simpler.
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Reece, E. Albert, and Robert L. Barbieri. Obstetrics and Gynecology: The Essentials of Clinical Care. New York: Georg Thieme Verlag, 2010.
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This book was designed for students and residents. It covers the major areas of obstetric and gynecological care. Chapters include definitions and summaries of important points. This book also includes chapters on medical ethics and legal issues as well as current recommendations for best practices and treatments.
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New Concerns
Some of the newest areas of medical research focus on refining the ability to build the genetic profile of the fetus, improving and devising new ways to test the fetus for developmental disabilities, and studying the interaction of prescription and abused substances on the health and development of the fetus. The sections listed here outline some of the recent work done in these areas.
Genetics
Most modern research on the fetus focuses on expanding and improving the genetic tests (Beaudet 2011; Kitzman, et al. 2012). The standard tests, such as amniocentesis, carry sufficient risk that, until recently, the tests were only recommended for women with high risk pregnancies. The age of the woman is a substantial factor. These tests are invasive and can cause infection in both the woman and fetus and increase the risk for miscarriage. Thus, researchers are working to develop fetal genetic tests that can be conducted without disturbing the womb. The most researched at this time is a maternal blood plasma test (or Cell-Free Fetal DNA). This test allows partial samples of the fetal DNA to be extracted from the mother’s blood. This is currently the newest test available to screen for Downs Syndrome. There are other types of tests discussed in some of the sources listed below. Many medical articles discuss genetic tests that relate to specific and individual genetic disorders. The articles listed here are more general in nature and address both the scientific limitations and ethical concerns relating to these new types of tests. Strong 2011; McGillivray, et al. 2012; and Chervenak and McCullough 2011 discuss the ethical discussion surrounding the idea of a woman’s informed consent in this potential atmosphere of increased information. Milunsky and Milunsky 2009 and Walters 2012 both provide a survey of the evolution of the technological and ethical questions in the field. Bianchi 2012 discusses advances in the possibility of treating any genetic disorders diagnosed in a fetus.
Beaudet, Arthur L. “Progress toward Noninvasive Prenatal Diagnosis.” Clinical Chemistry 57.6 (2011): 802–804.
DOI: 10.1373/clinchem.2011.165563Save Citation »Export Citation » Share Citation »
Scientists and physicians have been searching for a way to conduct fetal diagnostic testing without using the invasive amniocentesis or chorionic villus sampling. This article provides a survey of the technological developments that have made progress in this new field of testing. While most research has focused on the use of maternal blood samples, this article covers a broader range of possibilities such as chromosomal microarray analysis and next-generation sequencing.
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Bianchi, Diana W. “From Prenatal Genomic Diagnosis to Fetal Personalized Medicine: Progress and Challenges.” Nature Medicine 18 (2012): 1041–1051.
DOI: 10.1038/nm.2829Save Citation »Export Citation » Share Citation »
This article provides a survey of recent developments in research that could enable a shift from genetic diagnosis to genetic treatment of the fetus. The author advocates the idea that, where the original goal of fetal genetic testing was to provide the parents with an informed choice, the focus should begin to shift to developing and providing treatment for the disorders.
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Chervenak, Frank A., and Laurence B. McCullough. “Ethical Issues in Perinatal Genetics.” Seminars in Fetal and Neonatal Medicine 16.2 (2011): 70–73.
DOI: 10.1016/j.siny.2010.10.004Save Citation »Export Citation » Share Citation »
This article discusses the ethics involved in genetic counseling. Their framework relies on the ideas of beneficence and autonomy and discusses the idea of the fetus as patient. The article discusses everything from the decision process and autonomy of the woman to the treatment or termination of the fetus.
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Kitzman, Jacob O., Matthew W. Snyder, Mario Ventura, et al. “Non-Invasive Whole Genome Sequencing of a Human Fetus.” Science Translational Medicine 4 (2012): 137–176.
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In an effort to avoid invasive fetal DNA testing, these authors are extending research on the use of maternal blood plasma to conduct fetus’s DNA tests. By combining DNA sequencing of the mother, father, and the “cell-free DNA” that is found in the mother’s blood plasma, the researchers aim to develop a predictive DNA sequence for the fetus.
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McGillivray, George, Jill A. Rosenfeld, R. J. McKinlay Gardner, and Lynn H. Gillam. “Genetic Counselling and Ethical Issues with Chromosome Microarray Analysis in Prenatal Testing.” Prenatal Diagnosis 32.4 (2012): 389–395.
DOI: 10.1002/pd.3849Save Citation »Export Citation » Share Citation »
This article addresses the ethical issues relating to prenatal genetic counseling and the woman’s “informed choice” that stems from information gathered from a chromosome microarray analysis (CMA). This procedure is the accepted standard of care for children and adults but is new to the arena of fetal testing. The article tackles the ethical considerations stemming from the prospect of increased information available to the mother.
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Milunsky, Aubrey, and Jeff Milunsky. Genetic Disorders and the Fetus. Oxford: Wiley-Blackwell, 2009.
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This book covers the breadth of the topics of testing and diagnosing fetal genetic disorders. It includes chapters on the various types of tests, including the new and trial forms of testing, and the social, legal, and ethical concerns. Additionally, there is extensive information regarding amniocentesis and fetal blood testing.
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Strong, Carson. “Regulatory and Ethical Issues for Phase I In Utero Gene Transfer Studies.” Human Gene Therapy 22.11 (2011): 1323–1330.
DOI: 10.1089/hum.2011.062Save Citation »Export Citation » Share Citation »
Looking forward to the development of in utero gene transfer therapy for inherited genetic disorders, the authors break down the legal and ethical issues relating to these possible procedures. The authors address US regulations protecting the safety of the fetuses during research. They outline many ethical and research design considerations that should be included the decision about whether or not to approve in utero studies.
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Walters, LeRoy. “Genetics and Bioethics: How Our Thinking Has Changed Since 1969.” Theoretical Medicine and Bioethics 33.1 (2012): 83–95.
DOI: 10.1007/s11017-012-9210-8Save Citation »Export Citation » Share Citation »
This article traces the development of genetic technology from 1969 to the present. It focuses on the introduction of amniocentesis testing to two other areas of research: gene transfer and additional forms of testing and screening. The article also includes a discussion of the ethical concerns relating to genetic testing and treatment.
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Prenatal Testing
This area of discussion is an extension of the issue of genetic testing. The articles listed here address the standard tests in practice at this time, predominantly amniocentesis. Reiter 1999; de Jong, et al. 2010; and Farrelly, et al. 2012 involve the ethical, social, and personal concerns regarding the test. Fajnzylber, et al. 2010; Kato 2010; Sapp, et al. 2010; and Pivetti and Melotti 2013 discuss the variables that make women choose or refuse to have the test performed, as well as the methods of the physician in counseling the patient in these genetic concerns. Kupperman, et al. 1999 question the standard age restriction for offering prenatal diagnostic testing.
de Jong, Antina, Wybo J. Dondorp, Christine E. M., de Die-Smulders, Suzanne G. M. Frints, and Guido M. W. R. de Wert. “Non-Invasive Prenatal Testing: Ethical Issues Explored.” European Journal of Human Genetics 18 (2010): 272–277.
DOI: 10.1038/ejhg.2009.203Save Citation »Export Citation » Share Citation »
This article explores the ethical implications of non-invasive genetic testing. With the increased availability of this form of testing, more information will become available to the woman. This will increase the complexity involved in making an informed choice.
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Fajnzylber, Eduardo V., Joseph Hotz, and Seth G. Sanders. An Economic Model of Amniocentesis Choice. Cambridge, MA: National Bureau of Economic Research, 2010.
DOI: 10.3386/w16306Save Citation »Export Citation » Share Citation »
This is a government working paper funded by the National Institute for Child Health and Human Development. The authors work to refine and expand the accepted standard recommendation for an amniocentesis. While amniocentesis is recommended for older women because of the increased risk of Down Syndrome, these women are also less likely to have a healthy pregnancy in the future.
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Farrelly, Ellyn, Mildred K. Cho, Lori Erby, Debra Roter, Anabel Stenzel, and Kelly Ormond. “Genetic Counseling for Prenatal Testing: Where is the Discussion about Disability?” Journal of Genetic Counseling 21.6 (2012): 814–824.
DOI: 10.1007/s10897-012-9484-zSave Citation »Export Citation » Share Citation »
This article looks at a different aspect of genetic counseling. While most articles study the role of the attitude of the woman in undergoing the tests and the decision to terminate the pregnancy, this article studies the role of the counselor and the content of counseling discussions. The authors find that much counseling is superficially centered on the fetus’s potential physical disability with little focus on the social and personal aspects.
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Kato, Masae. “Quality of Offspring? Socio-Cultural Factors, Pre-Natal Testing and Reproductive Decision-Making in Japan.” Culture, Health & Sexuality 12.2 (2010): 177–189.
DOI: 10.1080/13691050902993676Save Citation »Export Citation » Share Citation »
This article discusses Japanese distaste for disability and the legality of eugenics and selective abortions in the nation. The article takes five examples to illustrate how, despite these cultural prejudices, many couples in Japan still decide to refuse testing or to carry to term pregnancies with known disabilities. The author takes into account other factors including age and previous treatment for infertility.
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Kupperman, M., J. D. Goldberg, R. F. Nease Jr., and A. E. Washington. “Who Should be Offered Prenatal Diagnosis? The 35-Year-Old Question.” American Journal of Public Health 89.2 (1999): 160–163.
DOI: 10.2105/AJPH.89.2.160Save Citation »Export Citation » Share Citation »
The authors bring new medical understandings into the debate over who should be offered prenatal genetic testing. It outlines the existing thought on why the tests are predominantly offered to older women and argues for a reconsideration of the age threshold.
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Pivetti, Monica, and Giannino Melotti. “Prenatal Genetic Testing: An Investigation of Determining Factors Affecting the Decision-Making Process.” Journal of Genetic Counseling 22.1 (2013): 76–89.
DOI: 10.1007/s10897-012-9498-6Save Citation »Export Citation » Share Citation »
This article explores the psychological factors that contribute to the genetic testing decision-making process. Using the Theory of Reasoned Action, the authors argue that three things contribute to the decision to undergo genetic testing: the desire for more information, a favorable attitude toward testing, and an inclination toward terminating the pregnancy should positive test results occur.
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Reiter, Rayna R. Testing Women, Testing the Fetus: The Social Impact of Amniocentesis in America. New York: Routledge, 1999.
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This book presents an anthropological perspective on the impact of amniocentesis on both the women having the tests and larger society. She includes a discussion of the differences between various ethnicities and cultures. Her primary methodology is participant observation and is based on fifteen years of data collection.
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Sapp, Julie Chevalier, Sara Chandros Hull, Shelby Duffer, et al. “Ambivalence toward Undergoing Invasive Prenatal Testing: An Exploration of Its Origins.” Prenatal Diagnosis 30.1 (2010): 77–82.
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This article surveys a small group of women who are undergoing an amniocentesis during their pregnancy. The researchers’ goal is to understand the sources of ambivalence toward such testing. They find a tension between intellectual and moral considerations as well as concern for the well-being of the fetus being tested.
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Drug Interactions
There is some research as well on drug exposure and drug interactions during pregnancy. The biggest issue for researchers is the ethics-based limitation on prescription drug use during pregnancy. Empirical laboratory studies on the impact of specific prescription drugs cannot be conducted so different methods for gathering data must be considered. It should be noted, however, that recent effort has been made to lift some of the restrictions on these types of studies. Schaefer 2007 provides a detailed medical handbook for physicians treating pregnant women. Koren, et al. 2012; Rubinchik-Stern and Eyal 2012; and Covington and McKain 2011 describe new methods for studying the impact of maternal drug use on the developing fetus. This topic overlaps heavily with the problem of illegal and recreational drug exposure during pregnancy. An effort has been made to separate the discussion of prescription drug treatments which is provided here from illegal drugs which is addressed in the Contemporary Issues section of this bibliography.
Covington, Deborah, and Laura McKain. “Monitoring Drug Exposure in Pregnancy.” Applied Clinical Trials 20.3 (2011): 46–50.
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This article discusses the use of pregnancy exposure registries in monitoring the influence of drug exposure. Such registries involve the collection of data on the mother and the fetus/infant. Long-term data such as this can help researchers develop hypotheses for further research and indicate the level of risk for various drugs.
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Koren, Gideon, Shannon Clark, and Doreen Matsui. “Drugs during Pregnancy and Lactation: New Solutions to Serious Challenges.” Obstetrics and Gynecology International (2012): 1–2.
DOI: 10.1155/2012/206179Save Citation »Export Citation » Share Citation »
This editorial addresses the concerns of drug therapy during pregnancy. It briefly discusses the recent work of a number of researchers. It covers drugs such as anti-depressants and ACE inhibitors.
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Rubinchik-Stern, Miriam, and Sara Eyal. “Drug Interactions at the Human Placenta: What is the Evidence?” Frontiers in Pharmacology 3 (2012): 126.
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This article discusses the role of the placenta in passing drug substances to the fetus from the mother. Most research highlights the substance levels found in the woman’s blood plasma but little research has addressed the influence of the placenta in mediating fetal exposure to the drugs concerned. The article is researching placental-mediated interactions.
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Schaefer, Christof, ed. Drugs during Pregnancy and Lactation: Handbook of Prescription Drugs and Comparative Risk Assessment, with Updated Information on Recreational Drugs, Diagnostic Procedures, Vaccinations, Poisoning, Workplace and Environmental Contaminants, and Breastfeeding during Infectious Disease. New York: Elsevier, 2007.
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This is a clinical reference book that outlines the risks and side effects of various drugs when used during pregnancy and lactation. It provides an extensive and detailed array of substances covered and includes the most recent prescription drugs, recreational drugs, and over-the-counter drugs.
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Legal
This section focuses on the various areas of US law, however, it also includes a section that discusses these types of laws in the international arena as well. The dominant legal question revolves around the interest and ability of the state to intervene in pregnancy. Some issues, such as stem cell research and abortion, are hotly debated in the legislative and judicial spheres of government. Others, such as paternity obligations, are relatively unaddressed. The articles here discuss the role of federal and state jurisdiction, the applicability of Fourteenth Amendment rights, and the potential impact of new forms of legislation that protect the rights of the fetus. Merrick and Blank 1993, Colb 2007, Schroedel 2000, and Roth 2000 provide broad assessments of the role of the legal system in adjudicating the relationship between society, the woman, and the fetus. Paltrow and Flavin 2013 arguably provides the most comprehensive examination of punitive actions designed to change the behavior of pregnant women and/or punish those whose behavior is considered harmful to fetuses.
Colb, Sherry F. When Sex Counts: Making Babies and Making Law. Lanham, MD: Rowman & Littlefield, 2007.
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This book studies the requirement that men and women be treated equally before the law and its apparent conflict with abortion, family law, and the rights of the woman. It includes chapters that discuss abortion, rape, refused medical treatment, and paternity obligations.
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Merrick, Janna C., and Robert H. Blank. The Politics of Pregnancy: Policy Dilemmas in the Maternal-Fetal Relationship. New York: Haworth, 1993.
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This book contains a collection of essays that examine the many facets of pregnancy and fetal-related legislation. It covers issues including mandated obstetric care, workplace fetal protection policies, and the tension between fetal rights and women’s rights.
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Paltrow, Lynn M., and Jean Flavin. “Arrests of and Forced Interventions on Pregnant Women in the United States, 1973–2005: Implications for Women’s Legal Status and Public Health.” Journal of Health Politics, Policy and Law 38.2 (2013): 299–343.
DOI: 10.1215/03616878-1966324Save Citation »Export Citation » Share Citation »
This article studies over four hundred cases involving the attempted or actual incarceration of pregnant women triggered by the desire to force pregnant women to abstain from behaviors that may adversely impact fetal health and in some cases to undergo forced medical interventions. Socioeconomic status and race appear to play a large role in determining which pregnant women are targeted by such actions. It traces the legal reasoning behind such actions and then discusses the possible impact new state personhood legislation could have.
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Roth, Rachel. Making Women Pay: The Hidden Costs of Fetal Rights. Ithaca, NY: Cornell University Press, 2000.
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This book explores the imposition of fetal rights onto women’s autonomy. It discusses workplace protection policies, medical care, and maternal substance abuse. Ultimately the author argues the perception that any woman may become pregnant causes all women to have weakened public standing in comparison with men.
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Schroedel, Jean Reith. Is the Fetus a Person? A Comparison of Policies across the Fifty States. Ithaca, NY: Cornell University Press, 2000.
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This book examines the political and legal concept of fetal personhood, specifically as it applies to abortion, prenatal drug exposure, and fetal battery and killing. It analyzes criminal case and statutory law from across the United States and highlights the inconsistencies about how a fetus is defined, both within and across state lines.
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Civil
Civil law, generally, pertains to actions that do not constitute criminal behavior but still cause harm or loss of property. Complainants are able to recover financial damages for the harm done to them or their property. It also involves the disposition of property in the event of a separation or divorce.
Federal
The fetus has little standing in federal civil law as it is not considered a full person. It is addressed most thoroughly in the areas of medical and research ethics and standards of practice. Strong 2011 addresses standard of minimal risk in medical research. Cromer 2009 discusses the property law implications for frozen embryos. Korobkin and Munzer 2007 and Mullins 2008 both explore the legal questions surrounding embryonic stem cell research. Nelson 2008 examines the treatment and care of the terminally ill fetus and newborn. All address the regulatory and property questions regarding the fetus in scientific research. Alden 2009 argues that the fetus should be extended the legal rights and privileges of a person under the United States Code, which would enable them (or their representatives) to bring civil suit against state actors for any harm done by their actions.
Alden, Bram. “Unborn & Unprotected: The Rights of the Fetus under §1983.” UCLA Law Review 57.2 (2009): 481–510.
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This article discusses the ban on fetal civil claims under section 1983 of the federal code. This statute allows an individual to make a civil claim against the state when a state representative has caused them harm. The author suggests that banning such claims for fetal harm has prevented access to prenatal medical care, eliminating state liability when a fetus is involved. The article explores the legal and policy problems rooted in the inability of the fetus to have section 1983 claims.
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Cromer, Risa. “Embryonic Properties and Fetal Frontiers: Potential Life in U.S. Property Law.” Revista Romana de Sociologie 20 (2009): 385–407.
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This article places the idea of frozen embryos as property within the larger common law history. It uses this to inform the debate over US legal definition of the embryo as property. It presents a survey of six cases to discuss this question.
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Korobkin, Russell, and Stephen R. Munzer. Stem Cell Century: Law and Policy for a Breakthrough Technology. New Haven, CT: Yale University Press, 2007.
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This book examines the legal questions that grow out of the advancement of stem cell research and potential treatment. Chapters study specific issues including Congressional regulation of research, stem cell patents, and tissue donation. It seeks to present a detailed assessment of the dominant legal questions and outline future policy options.
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Mullins, Meredith. “Stemming the Tide of Research and Constitutional Challenges: Embryonic Stem Cell Legislation.” University of Detroit Mercy Law Review 85 (2008): 227–252.
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This article advocates for congressional action to expand stem cell research where currently states are allowed to regulate the research. It explores the ethical, legal, and funding issues surrounding human embryonic stem cell research.
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Nelson, L. J. “United States Law and Managing the Terminally Ill Fetus and Newborn.” Seminars in Fetal and Neonatal Medicine 13.5 (2008): 301–304.
DOI: 10.1016/j.siny.2008.03.008Save Citation »Export Citation » Share Citation »
This article describes US law as it applies to the treatment of poorly developing fetuses and terminally ill newborns. It discusses current abortion policy as well as the giving and withholding of medical care to ill newborns.
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Strong, Carson. “Minimal Risk in Research Involving Pregnant Women and Fetuses.” Journal of Law, Medicine and Ethics 39.3 (2011): 529–538.
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This article discusses the federal regulatory requirement that medical research be conducted in an environment of minimal risk to the research subjects. It builds on the expansive ethical discussion of research and surgery on woman and fetus to better articulate the requirements of federal regulations.
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State
State civil law addresses issues of adoption, medical malpractice, and divorce and separation. Williams, et al. 2011; and Paley and Auerbach 2010 discuss legal questions regarding children born with Fetal Alcohol Spectrum Disorders (FASD), including disclosure requirements for adoption and dependency support. Kim 2007 studies medical malpractice and its influence on obstetric care. Walker 2008 addresses property law and its application to frozen embryos and divorce. Lyerly, et al. 2010 discusses the range of embryo disposal preferences of patients receiving fertility treatments.
Kim, Beomsoo. “The Impact of Malpractice Risk on the Use of Obstetrics Procedures.” Journal of Legal Studies 36.S2 (2007): S79–S119.
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This article studies the impact of shifts in malpractice insurance and tort reform on the medical practices of obstetricians. The fear has been that increased risk of malpractice litigation would lead physicians to pursue more cautious and defensive actions. The author finds little impact on physician behavior.
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Lyerly, Anne Drapkin, Karen Steinhauser, Corrine Voils, et al. “Fertility Patients’ Views about Frozen Embryo Disposition: Results of a Multi-Institutional U.S. Survey.” Fertility and Sterility 93.2 (2010): 499–509.
DOI: 10.1016/j.fertnstert.2008.10.015Save Citation »Export Citation » Share Citation »
This article presents the results of a survey of fertility patients across nine diverse fertility clinics. It finds that only about 50 percent of patients are very likely to have the frozen embryos implanted. Is presents a range of other options the patients are likely to choose. The article suggests that standardized informed consent practices would benefit the fertility industry.
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Paley, Blair, and Barbara Auerbach. “Children with Fetal Alcohol Spectrum Disorders in the Dependency Court System: Challenges and Recommendations.” Journal of Psychiatry & Law 38.4 (2010): 507–558.
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This article discusses the failing of welfare and dependency courts to properly deal with children with FASD. Such children have disabilities caused by in utero alcohol exposure. The article outlines the challenges these children and their families encounter in the court system and makes recommendations to enable the courts to better serve this community.
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Walker, April J. “His, Hers or Ours? Who Has the Right to Determine the Disposition of Frozen Embryos after Separation or Divorce?” The Buffalo Women’s Law Journal 16 (2008): 39–64.
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This article explores the legal definition of frozen embryos as communal property and discusses several separation and divorce cases in which the courts had to decide how to dispose of frozen embryos. Though these embryos are considered to have the potential for life, in cases of divorce and separation they are considered as property to be disposed of according to the agreement of the couple in the process of separating.
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Williams, Sharon James, Daniel Dubovsky, and Jason Merritt. “Legal and Psychological Implications of Nondisclosure in the Adoption of a Child with Fetal Alcohol Spectrum Disorder.” Journal of Psychiatry & Law 39.1 (2011): 193–214.
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This article studies the legal actions that follow adoptions of children with undisclosed FASD. It focuses on the impact on both the adoptive parents and the child and makes recommendations for policy changes that can resolve some of the legal challenges of such situations.
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Criminal
Modern US criminal law is written at both the federal and state levels. Often the same offense is punishable in both systems. As regards the fetus, most state level laws conform themselves to Supreme Court jurisprudence protecting the Fourteenth Amendment rights of the woman. There is an ongoing dialogue between what state regulations are permissible under federal principles.
Federal
Federal-level issues regarding the fetus and the pregnant woman vary. Defense of the rights of the disabled and selective abortion, King 2012, highlights the possible conflict between the rights and interests of one class of people with those of another class. Cohen and Sayeed 2011 discusses the ideas of fetal pain and viability and the constitutionally protected right to abortion. Schroedel, et al. 2000 surveys criminal law to discern the difference between protecting the rights of the fetus and targeting the rights of women. The 2004 Unborn Victims of Violence Act created a limited amount of federal crimes when violence against an unborn fetus is involved.
Cohen, I. Glenn, and Sadath Sayeed. “Fetal Pain, Abortion, Viability, and the Constitution.” Journal of Law, Medicine & Ethics 39.2 (2011): 235–242.
DOI: 10.1111/j.1748-720X.2011.00592.xSave Citation »Export Citation » Share Citation »
This article challenges the standing constitutional emphasis on viability in abortion regulation and the emerging focus on fetal pain. It argues that these are insufficient standards by which to define the legality of abortion.
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King, Jaime Staples. “Not This Child: Constitutional Questions in Regulating Noninvasive Prenatal Genetic Diagnosis and Selective Abortion.” UCLA Law Review 60.1 (2012): 2–75.
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This article addresses two questions relating to abortion and new non-invasive diagnostic technology: whether a woman can obtain an abortion regardless of the reason, and whether she can use new tests to inform that choice. It argues for a new line of reasoning that seeks to balance state interest in protecting society from harm with the rights and autonomy of the woman.
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Schroedel, Jean Reith, Pamela Fiber, and Bruce Snyder. “Women’s Rights and Fetal Personhood in Criminal Law.” Duke Journal of Gender Law & Policy 7 (2000): 89–120.
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This article outlines three areas of criminal law relating to women’s rights and the fetus. It covers abortion, prenatal substance abuse and fetal battery/fetal killing. After exploring the various policies relating to these issues, the authors suggest that pro-life advocates are more intent on targeting women than on fully protecting the life of the fetus.
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The Unborn Victims of Violence Act, Pub. L. 108–212. 18 U.S.C. §1841, 10 U.S.C. §919a (2004).
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This law recognizes an in utero fetus as a legal victim when injured or killed from one of about sixty violent crimes. These crimes include those committed on federal property, those where federal employees are the victims, and those defined by statute as federal crimes. A number of similar state-level laws exist as well.
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State
Recent state legislation deals primarily in a few areas, expanding definitions of fetal homicide laws and new abortion restrictions based on the idea of fetal pain. The result of such legislation is the increased recognition of fetal rights. Recent ballot initiatives, too, have advanced efforts to establish fetal personhood. Much scholarship is devoted to discussing the impact on the rights and autonomy of the woman these new laws will have. Pedone 2009 and Curran 2009 discuss the potential and flaws of broader feticide laws. Stahle 2007 and Engelman 2007 dialogue against each other about fetal pain restrictions of abortion and the undue burden standard. Tuerkheimer 2006 addresses the conflict between domestic abuse legislation and the idea of maternal responsibility for the welfare of the fetus.
Curran, Douglas S. “Abandonment and Reconciliation: Addressing Political and Common Law Objections to Fetal Homicide Laws.” Duke Law Journal 58.6 (2009): 1107–1142.
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This article discusses common law, the “born alive” rule, and the new string of fetal homicide laws. It presents a survey of a number of state fetal homicide laws to illustrate the legislative and judicial shift away from the born alive rule and the increasing ability to punish someone responsible for the loss of a wanted fetus.
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Engelman, Katherine E. “Fetal Pain Legislation: Protection against Pain Is Not an Undue Burden.” Quinnipiac Health Law Journal 10 (2007): 279–316.
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This article explores the possibility that the new abortion restrictions is based on evidence of fetal pain. The author argues that such policies do not constitute an undue burden on the woman. It considers specifically the 2006 Unborn Child Pain Awareness Act.
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Pedone, Joanne. “Filling the Void: Model Legislation for Fetal Homicide Crimes.” Columbia Journal of Law and Social Problems 43.1 (2009): 77–116.
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This article advocates eliminating the born alive rule when defining fetal homicide. It maintains that the reasoning is sufficiently different in abortion cases that there is little risk of new fetal homicide legislation presenting a challenge to abortion rights.
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Stahle, Hannah. “Fetal Pain Legislation: An Undue Burden.” Quinnipiac Health Law Journal 10 (2007): 251–278.
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This article studies the 2006 Unborn Child Pain Awareness Act and argues that the requirements to inform the woman of the potential pain to the fetus caused by an abortion constitute an undue burden. Under the standards established by Roe and Casey, the author argues, such legislation is contrary to the constitutional rights of the woman.
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Tuerkheimer, Deborah. “Conceptualizing Violence against Pregnant Women.” Indiana Law Journal 81 (2006): 667–711.
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This article describes the failings of traditional criminal law as it applies to pregnant women in abusive situations. Such laws hold the woman responsible for ensuring the safety and health of the fetus but do not take into consideration her inability to protect herself. The article advocates the criminalization of violence against pregnant women in an effort to protect both the woman and the fetus she is carrying.
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International
International law, particularly the European Convention on Human Rights, protects a woman’s right to reproductive autonomy, including the ability to obtain an abortion. Jurisprudence at this level is unique because each state has the sovereignty to make its own laws governing abortion, yet many nations parallel each other. Lee 2008, Cornock and Montgomery 2011, Dorscheidt 2010, and Hanafin 2007 present analyses of the laws of one or many nations. Wicks 2011 and O’Donovan 2006 discuss cases brought before the European Court of Human Rights and the jurisprudence of the Court in balancing the rights of the woman with the sovereignty of the nation. Ferree, et al. 2002 compares the political and media debates surrounding abortion in the United States and Germany.
Cornock, Marc, and Heather Montgomery. “Children’s Rights In and Out of the Womb.” International Journal of Children’s Rights 19 (2011): 3–19.
DOI: 10.1163/157181810X522351Save Citation »Export Citation » Share Citation »
This article studies the applicability of children’s rights to the unborn and looks primarily at English and Welsh law. It explores the various parties involved in determining the line between personhood and non-personhood, including parents, physicians, and legislators.
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Dorscheidt, Jozef H. H. M. “Developments in Legal and Medical Practice Regarding the Unborn Child and the Need to Expand Prenatal Legal Protection.” European Journal of Health Law 17 (2010): 433–454.
DOI: 10.1163/157180910X529976Save Citation »Export Citation » Share Citation »
This article studies Dutch legislation defining the position of the unborn. It argues that, when compared with other nations, the Netherlands’ policies are outdated and then outlines examples from other nations to help illustrate the changes that must occur in Dutch law.
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Ferree, Myra Marx, William A. Gamson, Jürgen Gerhards, and Dieter Rucht. Shaping Abortion Discourse: Democracy and the Public Sphere in Germany and the United States. Cambridge, UK: Cambridge University Press, 2002.
DOI: 10.1017/CBO9780511613685Save Citation »Export Citation » Share Citation »
This book compares the abortion debate between the United States and Germany. It examines the ways politicians, media, and religious leaders treat the topic. The purpose is to study the way culture forms the debate and the way the debate does or does not fit the democratic process.
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Hanafin, Patrick. Conceiving Life: Reproductive Politics and the Law in Contemporary Italy. Burlington, VT: Ashgate, 2007.
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This book places the abortion debate within the context of the relationship between the individual citizen and the state. Patriarchal social and legal systems strive to maintain control over the reproductive capacities of the woman. This book provides a study of the last thirty years of reproductive politics in Italy.
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Lee, S. K. “A Comparative Analysis of a Pregnant Woman’s Rights to Abortion: Notes on Constitutional Courts’ Decisions of Abortion Laws in Germany and the United States, and their Implications for Korean Abortion Laws.” Asian Women 24 (2008): 75–101.
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This article describes the similarities between German and American court rulings on questions of abortion. These similarities are founded on tests that strive to balance the autonomy of the woman with the states’ interests in protecting potential life. From this, the author then outlines ways the Korean courts can mirror these established tests of Germany and the United States
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O’Donovan, Katherine. “Taking a Neutral Stance on the Legal Protection of the Fetus. Vo. v. France.” Medical Law Review 14.1 (2006): 115–123.
DOI: 10.1093/medlaw/fwi036Save Citation »Export Citation » Share Citation »
This article studies a unique case from the European Court in which a woman suffered the unwanted loss of her fetus due to medical negligence. In deciding the case, the Court avoided any declaration on whether or not a fetus is protected from involuntary termination. Neutrality on this question helped to prevent a reopening of the abortion rights question.
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Wicks, Elizabeth. “A, B, C v. Ireland: Abortion Law under the European Convention on Human Rights.” Human Rights Law Review 11 (2011): 556–566.
DOI: 10.1093/hrlr/ngr015Save Citation »Export Citation » Share Citation »
This article studies a recent case that went before the European Court of Human Rights that questioned Ireland’s continued ability to restrict access to abortions. The Court has left many questions unanswered in previous cases. This article explores how the Court dealt with questions of states’ rights, the rights of women, and the legal status of the fetus in this case.
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Contemporary Issues
A good deal of research relates to specific issues surrounding the rights of the fetus and the rights of the woman. Among those are abortion, substance abuse, fetal killing, and battery and fetal protection policies. At the center of many of these questions is the apparent opposition between the woman and the fetus and, subsequently, the role of the state in mediating this tension. With broadening definitions of fetal personhood and technology that increases viability, these issues will only become more muddied. The following sources provide both an overview of the legal and judicial history of these various topics and gives insight into new and developing challenges to protecting the woman against incursions by the state on behalf of the fetus.
Abortion
A woman’s right to an abortion was first constitutionally guaranteed in Roe v. Wade (1973). Since then, legislation and jurisprudence have more distinctly outlined the circumstances under which such rights are protected. States are allowed to regulate and restrict abortion within certain parameters. Following Planned Parenthood v. Casey (1992), the Supreme Court has held such regulations to the undue burden standard. States may place a burden on the woman, such as waiting periods, informed consent, and gestational time limits, but these restrictions cannot excessively prevent the woman from obtaining an abortion should she want one. Alexander 2008 and Jost 2010 discuss the ability of the federal and state legislatures to enact new restrictions on abortion. Alward 2012, Bridges 2010, Alvare 2008, and Linton 2012 all discuss the implications of various Supreme Court Cases on the regulation of and access to abortion. Rienzi 2011 discusses the rights of healthcare providers that do not wish to provide abortions. Little 2008 brings philosophy and ethics to bear on the debate surrounding abortion regulation.
Alexander, Keith S. “Federalism, Abortion, and the Original Meaning of the Fourteenth Amendment Enforcement Power: Can Congress Ban Partial-Birth Abortion after Carhart?” Texas Review of Law & Politics 13 (2008): 105–138.
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This article looks at the federal partial birth abortion ban in the context of Justice Thomas’s commerce jurisprudence. It suggests that his opinions regarding the commerce clause can be applied to partial birth abortion cases to convince Justice Thomas to shift his vote against federal authority in this circumstance.
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Alvare, Helen M. “Gonzales v. Carhart: Bringing Abortion Law Back into the Family Law Fold.” Montana Law Review 69 (2008): 409–445.
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This article analyzes the Gonzales v. Carhart opinion in the context of family law. The author argues that much of the language used by the Court in this case describes the relationship between the woman and the fetus in the same way it would describe the relationship between the woman and her born children. This understanding falls within the family law tradition and marks a shift in the language of the Court in abortion cases.
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Alward, Peter. “Abortion Rights and Paternal Obligations.” Public Affairs Quarterly 26 (2012): 273–291.
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This article places the issue of paternal support within the context of the abortion debate. It addresses the question of whether biological fathers’ obligations conflict with a strong policy of women’s rights and abortion.
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Bridges, Khiara M. “Capturing the Judiciary: Carhart and the Undue Burden Standard.” Washington and Lee Law Review 67.3 (2010): 915–984.
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This article examines the undue burden standard established in Casey to test the decision in Gonzales v. Carhart. Drawing out the history of informed consent, the author maintains that the “morally agnostic” undue burden test is satisfied in Carhart.
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Jost, Kenneth. “Abortion Debates: Should States Enact New Restrictions?” The CQ Researcher 20.31 (2010): 725–748.
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This article surveys the history and current state of the abortion debate in the United States. It frames much of current discussion within the context of changes to the medical and insurance industries related to the Affordable Care Act (ACA).
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Linton, Paul Benjamin. “The Legal Status of Abortion in the States if Roe v. Wade Is Overruled.” Issues in Law & Medicine 27.3 (2012): 181–228.
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This article outlines the possible results in state legislation if Roe v. Wade were to be overturned by the Supreme Court. It concludes that the majority of states would maintain Roe-style legislation, even if the case were overruled. Only some eight or eleven states would enact new legislation restricting abortion to pre-Roe standards.
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Little, Margaret O. “Abortion & the Margins of Personhood.” Rutgers Law Journal 39 (2008): 331–348.
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This article begins by outlining the moral and ethical theories surrounding the moral status of the fetus to then inform the debate surrounding the legal status of abortion. Little expands the considerations involved in abortion regulation beyond the status of the fetus to include the woman and her place as provider for the fetus.
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Rienzi, Mark L. “The Constitutional Right Not to Participate in Abortions: Roe, Casey, and the Fourteenth Amendment Rights of Healthcare Providers.” Notre Dame Law Review 87.1 (2011): 1–56.
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This article outlines the Fourteenth Amendment rights of healthcare providers that do not want to perform abortions. While much research has been done on the rights of others involved in this question, little has been done on that of the physician. The author maintains that physicians have the same right to individual and personal decisions as defended in Casey and Lawrence v. Texas.
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Prenatal Drug Exposure
Much has been written on legal action toward pregnant women who abuse alcohol and drugs. Legislatures and prosecutors use child abuse and murder charges against these women who cause the disability or death of their fetus through drug use as part of the broader campaign against drug use. Fentiman 2009 and Ehrlich 2008 discuss the criminalization of pregnancy and drug use. Ordolis 2008, Grover 2007, Schroedel and Fiber 2001, and Mathieu 1995 propose possible policy shifts to prevent the criminal punishment of women under these laws. Hurt, et al. 2005 presents a study of children gestationally exposed to cocaine and their school performance.
Ehrlich, Julie B. “Breaking the Law by Giving Birth: The War on Drugs, The War on Reproductive Rights, and the War on Women.” New York University Review of Law and Social Change 32 (2008): 381–421.
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This article looks at the growing trend of states to prosecute pregnant women for engaging in behavior that is detrimental to the health of the fetus they are carrying, specifically drug use and drug addiction. Many addicted women are prosecuted for child abuse, child endangerment, and even murder. This article challenges the legal and judicial reasoning used in such prosecutions.
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Fentiman, Linda C. “In the Name of Fetal Protection: Why American Prosecutors Pursue Pregnant Drug Users (and Other Countries Don’t).” Columbia Journal of Gender and the Law 18.2 (2009): 647–669.
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This article studies the prosecution of women for endangering the fetuses they carry, often through the use of illegal drugs and alcohol. The article outlines the history of such prosecutions, including the escalating severity of the charges, the motivations behind these prosecutions, and the differences in the American judicial system that cause US courts to hear such cases while other nations will not.
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Grover, Sonja. “Generalizing the Mother’s Property Interest in the Fetus to the Life Child after Birth: Implications for Children’s Fundamental Human Rights.” Original Law Review 3.2 (2007): 48–56.
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This article examines the claims of a disabled child against the mother for her actions that caused the disability. It studies Canadian law as it relates to the rights of the child and the child’s ability to sue the mother for material damages stemming from the disability.
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Hurt, Hallam, Nancy L. Brodsky, Hallam Roth, Elsa Malmud, and Joan M. Giannetta. “School Performance of Children with Gestational Cocaine Exposure.” Neurotoxicology and Teratology 27 (2005): 203–211.
DOI: 10.1016/j.ntt.2004.10.006Save Citation »Export Citation » Share Citation »
This article presents a quantitative survey of inner-city children testing the influence of gestational cocaine exposure on school performance. It finds that both children that had been exposed to cocaine and those that had not been had equally poor performance. The article concludes that home environment and I.Q. had a stronger influence on school performance than cocaine exposure.
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Mathieu, Debora. “Mandating Treatment for Pregnant Substance Abusers: A Compromise.” Politics and the Life Sciences 14 (1995): 199–208.
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This article advocates a compromise policy to address the issue of maternal drug abuse, committing the woman to an outpatient treatment facility. She argues that such a policy is better than the current practice of criminally charging the woman and incarcerating her. She states that although she does not agree with either policy, her proposed compromise keeps the woman out of the criminal court system.
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Ordolis, Emilia. “Maternal Substance Abuse and the Limits of Law: A Relational Challenge.” Alberta Law Review 46 (2008): 119–139.
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This article explores ways to move beyond the oppositional understanding of a woman’s autonomy and fetal well-being as it relates to the use and abuse of controlled substances. It starts by outlining the policies and procedures that are currently in place and then suggests ways to move beyond the basic tort.
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Schroedel, Jean Reith, and Pamela Fiber. “Punitive Versus Public Health Oriented Responses to Drug Use by Pregnant Women.” Yale Journal of Health Policy, Law and Ethics 1 (2001): 215–236.
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This article examines the differences between legislative and criminal court responses to the problem of drug abuse by pregnant women. Courts tend to hand down decisions that are much more punitive toward the woman while legislatures can enact better public health policy. There is a disconnect between the policy and practice of addressing maternal drug use.
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Fetal Killing and Battery
Fetal killing and battery refer to the actions of a third party. By doing sufficient harm to the woman, an individual can cause the miscarriage of the fetus. Battery and feticide laws enable the state to prosecute a person for the harm done to the fetus in addition to the harm done to the woman. Historically, states have maintained “born alive” rules which require a fetus to be delivered alive, and die subsequently, for such prosecutions to be possible. Maahs 2003, Crist 2010 and Back 2007 address the evolution of this legislation and the shift away from the born alive rule.
Back, Laura E. “Improperly Performed Abortion as Fetal Homicide: An Uneasy Coexistence Becomes More Difficult.” Hastings Women’s Law Journal 18 (2007): 117–134.
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This article studies the areas of overlap between legally permissible abortion and illegally induced miscarriage and fetal homicide. Those who help women force the miscarriage of an unwanted pregnancy fall under the parameters of fetal abuse and fetal homicide while the woman herself cannot be prosecuted. This article studies the constitutional foundations of a defense against such prosecutions.
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Crist, Juliana Vines. “The Myth of Fetal Personhood: Reconciling Roe and Fetal Homicide Laws.” Case Western Reserve Law Review 60.3 (2010): 851–887.
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This article argues that fetal homicide laws do not challenge abortion and Roe’s definition of the fetus. Such homicide laws serve to defend the woman and the fetus against unwanted death and miscarriage. These laws serve only to define the fetus as a person for the purpose of prosecuting homicide and manslaughter cases.
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Maahs, Jeff. “Fetal Homicide: Emerging Statutory and Judicial Regulation of Third-Party Assaults against the Fetus.” Journal of Aggression, Maltreatment & Trauma 8 (2003): 205–231.
DOI: 10.1300/J146v08n03_01Save Citation »Export Citation » Share Citation »
This article studies the progression of common law and civil and criminal law to include feticide. Where historically parents were not allowed to bring suit for the death of a fetus that was not born alive, new laws are including the death of unborn or stillborn fetuses.
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Wrongful Death and Wrongful Life
Wrongful life cases are typically civil suits brought by the parents or child. They seek to be awarded financial damages arguing that proper foreknowledge of the possibility of damages would have lead the parents to decide to terminate the pregnancy. Wrongful death cases are brought by parents that wished to carry a child to term, but the physician’s negligence caused the premature death of the fetus. Murtaugh 2007; Pioro, et al. 2008; and Owings 2008 all address the litigious questions of determining culpability and financial liability in such cases. Williams 2010, Richards 2006, and Shachar 2008 discuss the challenges of reconciling the idea of wrongful birth with the Roe definition of fetal personhood.
Murtaugh, Michael T. “Wrongful Birth: The Courts’ Dilemma in Determining a Remedy for a ‘Blessed Event.’” Pace Law Review 27 (2007): 241–304.
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This article studies the proper judgment of damages in wrongful life suits. It surveys a number state-level cases to determine appropriate levels of physical culpability in such cases.
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Owings, Caroline Crosby. “The Right to Recovery for Emotional Distress Arising from a Claim for Wrongful Birth.” The American Journal of Trial Advocacy 32.1 (2008): 143–182.
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This article studies the legal differences between medical malpractice and wrongful birth. It explores the role of medical negligence in determining the proper judgments in such cases. If the parents are circumspect in requesting diagnostics to determine disability and the fetus is carried to term ostensibly against their wishes, they are entitled to the recovery of damages for wrongful birth.
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Pioro, Mark, Roxanne Mykitiuk, and Jeff Nisker. “Wrongful Birth Litigation and Prenatal Screening.” Canadian Medical Association Journal 179.10 (2008): 1027–1030.
DOI: 10.1503/cmaj.080454Save Citation »Export Citation » Share Citation »
This article explores Canadian policy and legal liability relating to wrongful birth cases and disability. It suggests that the tension between respect for the woman’s reproductive autonomy and respect for the disabled may create a legal ambiguity where physicians can be held responsible for the unwanted birth of a disabled child.
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Richards, Erica. “Loss of Potential Parenthood as a Statutory Solution to the Conflict between Wrongful Death Remedies and Roe v. Wade.” Washington and Lee Law Review 63 (2006): 809–848.
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This article explores wrongful death legislation as it has been applied to the death of unborn fetuses. Most of these state policies include a “born alive” standard which requires the fetus to be delivered alive in order for the parents to recover damages for the loss of the fetus. The article suggests that rules such as this are based in a hesitancy to define the unborn as legal persons in the wake of Roe v. Wade. This article explores a new way to define the unwanted loss of a fetus for the purpose of enabling the woman to pursue legal remedy.
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Shachar, Carmel. “Assigning and Empowering Moral Decision Making: Acuna v. Turkish and Wrongful Birth and Wrongful Life Jurisprudence in New Jersey.” Journal of Law, Medicine & Ethics 36.1 (2008): 193–196.
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This article examines the New Jersey Supreme Court’s jurisprudence on a number of wrongful life/death cases, paying specific attention to Acuna v. Turkish. By describing these cases the article highlights the unwillingness of the state court to make moral judgments in defining the fetus as a human life. These decisions show the state court’s opinion that potential parents need to be sufficiently medically informed but maintains that physicians need not offer moral advice as well.
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Williams, Jeremy. “Wrongful Life and Abortion.” Res Publica 16.4 (2010): 351–366.
DOI: 10.1007/s11158-010-9135-xSave Citation »Export Citation » Share Citation »
This article explores the risk to the pro-choice ideal in the context of wrongful life action. If it is improper to force a child into a life of poor quality, states may be able to force certain women to have an abortion. These women would essentially be losing the right to choose to carry the fetus to term.
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Fetal Protection
Fetal protection legislation and policies were first used to restrict women’s access to good paying, often factory or blue collar, jobs where exposure to dangerous chemicals was thought to harm their reproductive systems and any fetus they may carry. Such policies would either force women away from these jobs or to undergo medical sterilization to ensure that no pregnancies would occur. Such policies were deemed discriminatory by the Supreme Court in 1991 in UAW v. Johnson Controls. Since this time, the idea of fetal protection has evolved to include forced medical and obstetric care, such as forced cesarean. Where discussion used to center around the policies of private companies and industries, now state legislation and restriction of a woman’s autonomy are also included. The following articles examine the historical and current questions surrounding fetal protection policies. Blank 1993 and Samuels 1995 study the issue of private corporate policies that restrict women’s ability to be gainfully employed. Paltrow and Flavin 2013 (cited under Legal), Cherry 2007 and Matevosyan 2012 discuss specific questions surrounding court-ordered interventions. Daniels 1993, Fentiman 2006, Ammons 2012, and Bridges 2012 address the more general legal and moral questions relating to the relationship between the state and the pregnant woman.
Ammons, Jackie. “Texas’ Prenatal Protection Act: Civil and Criminal Fetus Fatality Protection.” Texas Journal of Women and the Law 21.2 (2012): 267–280.
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This article looks at the 2003 Texas Prenatal Protection Act which was intended to protect the unborn in circumstances that cause physical harm to the fetus. It allows civil penalties in addition to criminal prosecution. The article suggests that the legislation is flawed and ambiguous in its application.
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Blank, Robert H. Fetal Protection in the Workplace: Women’s Rights, Business Interests, and the Unborn. New York: Columbia University Press, 1993.
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This book explores the public attitude toward maternal responsibility, workplace fetal protection policies, and women’s rights and autonomy. It suggests that as medical knowledge and technology advance, society will have to reassess the idea of responsible and healthy habits for pregnant women. Women are at risk of losing their autonomy to the health interests of the fetuses they may be carrying.
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Bridges, Khiara M. “Poor Women and the Protective State.” Hastings Law Journal 63.6 (2012): 1619–1626.
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This article studies the potential effects on poor women when the state seeks to control and mandate behavior designed to protect the unborn fetus from developmental problems. It finds that these women are already in situations where their rights are infringed. Circumstances such as state control over behavior for the sake of the fetus would further erode their rights and autonomy.
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Cherry, April L. “The Detention, Confinement, and Incarceration of Pregnant Women for the Benefit of Fetal Health.” Columbia Journal of Gender and the Law 16 (2007): 147–197.
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This article studies the judicially mandated treatment or confinement of pregnant women. The reasoning for such action pits the states’ interest in protecting the rights of the fetus against the mothers’ autonomy or religious beliefs.
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Daniels, Cynthia R. At Women’s Expense: State Power and the Politics of Fetal Rights. Cambridge, MA: Harvard University Press, 1993.
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This book examines the idea of fetal rights and its impact on the legal regulation of women’s behavior. It discusses the many aspects of this debate and the impact of this course of legislation on women’s lives. Among the topics covered are self-sovereignty, political agency, and moral authority.
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Fentiman, Linda C. “The New ‘Fetal Protection’: The Wrong Answer to the Crisis of Inadequate Health Care for Women and Children.” Denver University Law Review 84 (2006): 537–599.
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This article examines some of the preventative social measures that can help to reduce or eliminate the prosecution of women for the abuse or death of their fetuses. It suggests that such prosecutions highlight the perspective that these women are little more than the bodies that provide shelter and nourishment to the fetus inside. Fentiman argues that policy changes can help to restore the woman’s autonomy.
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Matevosyan, Naira Roland. “Court-Visited Obstetrical and Fertility Procedures.” Archives of Gynecology and Obstetrics 285.5 (2012): 1195–1203.
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This article studies the medical-legal questions surrounding court-ordered obstetrical treatments. It surveys a series of adjudications and the court action that resulted from them. The results show that the majority of the time the court decides in favor of the interests of the fetus to the detriment of the autonomy of the woman.
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Samuels, Suzanne Uttaro. Fetal Rights, Women’s Rights: Gender Equality in the Workplace. Madison: University of Wisconsin Press, 1995.
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This book studies private, company-specific workplace fetal protection policies and the influence these policies had on curtailing women’s ability to work in different industries. It surveys the response in the legislative and court systems and argues that these mixed responses highlight the disparate understandings of sex and gender.
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Cultural
Much of the research surrounding the fetus involves the study of the status of the fetus in culture. Boling 1995, Dubow 2011, Woods 2009, and Morgan and Michaels 1999 take a longer, historical perspective about public perceptions of the fetus. Often, they conclude that much of the animating opinion common now in the heated fetal personhood debate is a recent development. Morgan 2009 places the shifting attitude toward the fetus in the context of feminist politics. Stetson and Neuhaus 1996 presents a pro-life assessment of the place of the fetus in modern culture. Generally, these books help to build a broader cultural and historical context that helps to illustrate the shifting concept of the fetus.
Boling, Patricia, ed. Expecting Trouble: Surrogacy, Fetal Abuse, and New Reproductive Technologies. Boulder, CO: Westview, 1995.
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This book provides a collection of essays meant to discuss the new perceptions of the fetus and the woman in modern society. Shifts in social constructs highlight the continued intrusions being made on the woman by economics and law. Essays include the developing definition of fetal personhood, fetal endangerment, and the development of fetal abuse policy.
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Dubow, Sara. Ourselves Unborn: A History of the Fetus in Modern America. New York: Oxford University Press, 2011.
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This book expands the discussion of the fetus beyond the standard abortion and personhood arguments of the moment. It aims to build a broader historical context regarding the status of the fetus. It breaks the history into five “eras” that span 1870 to the present. The book covers topics including law, sociology, embryology, religion, and philosophy.
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Morgan, Lynn. Icons of Life: A Cultural History of Human Embryos. Los Angeles: University of California Press, 2009.
DOI: 10.1525/california/9780520260436.001.0001Save Citation »Export Citation » Share Citation »
This book traces the history of medical embryonic collection in an effort to show the heated debate surrounding the right-to-life debate. The author argues that for the larger part of the 20th century, the study of embryology and the collection of embryonic samples were largely uncontroversial. Morgan places the ideas of fetal personhood and fetal autonomy in the development of the study of embryonic and fetal medical specimens.
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Morgan, Lynn M., and Meredith W. Michaels, eds. Fetal Subjects, Feminist Positions. Philadelphia: University of Pennsylvania Press, 1999.
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This book is a collection of articles that discuss many areas surrounding fetal and feminist debates including fetal surgery, religion, pregnancy loss, and disability diagnosis. The book removes itself from the standard arguments in the pro-choice and pro-life debate. Instead it engages the feminist debate surrounding the place of the woman and the fetus in society more thoroughly.
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Stetson, Brad, and Richard John Neuhaus. The Silent Subject: Reflections on the Unborn in American Culture. Westport, CT: Praeger, 1996.
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This book is a collection of pro-life essays. It covers five different topics: ethics, culture, personal, religion, and law. Though it takes a specific policy stance, the book endeavors to outline a reasoned and deliberative position.
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Woods, Robert. Death before Birth: Fetal Health and Mortality in Historical Perspective. New York: Oxford University Press, 2009.
DOI: 10.1093/acprof:oso/9780199542758.001.0001Save Citation »Export Citation » Share Citation »
This book discusses medical history and stillbirth and infant mortality. He uses demography and statistics to build an overall picture of the history of pregnancies. Though most of the book relates to medically related causes of pregnancy loss, the author also includes a chapter on elective abortion as well.
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Imagery
A subsection of the study of the fetus in culture is the study of the influence of the ultrasound and sonogram. The books and articles listed here look at the impact of the ultrasound beyond the advent of medical technology and advances in medical diagnostics. Instead, these works study the attitudes of the sonographers, the pregnant woman and her family and, often, the larger political debate. Some of the resources listed here overlap with other contemporary issues, but these pieces are defined by their focus on the influence of the ultrasound imagery of the fetus. Van Dijck 2005, Roberts 2012b, and Erikson 2007 discuss the role of ultrasound imagery in family culture, particularly the idea of maternal-fetal bonding. Mitchell 2001, Taylor 2008, Roberts 2012a, and Lauritzen 2008 analyze the role of the ultrasound on political debate.
Erikson, Susan L. “Fetal Views: Histories and Habits of Looking at the Fetus in Germany.” Journal of Medical Humanities 28.4 (2007): 187–212.
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This article studies the cultural shifts that have made ultrasound and fetal imagery common to the general public. The author suggests that a combination of the availability of technology coupled with greater knowledge among the public made the ultrasound a mainstream technology. She uses Germany as a case study.
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Lauritzen, Paul. “Visual Bioethics.” American Journal of Bioethics 8.12 (2008): 50–56.
DOI: 10.1080/15265160802559146Save Citation »Export Citation » Share Citation »
This article reconsiders the rhetorical imagery of the fetus in the abortion and stem cell debates. The author questions whether the study of bioethics can include some of the lessons of the study of visual culture. In this article, he addresses the influence of visual imagery in the debate about the status of the embryo and fetus.
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Mitchell, Lisa Meryn. Baby’s First Picture: Ultrasound and the Politics of Fetal Subjects. Buffalo, NY: University of Toronto Press: 2001.
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This book discusses the role of ultrasound in making the fetus an independent entity, building from a study of ultrasounds conducted in Quebec, Canada. She finds that the test personifies and anthropomorphizes the fetus into a baby. Two individuals now participate in the pregnancy: the woman and the fetus. The author concludes by discussing ways to conduct the test in a more neutral way to reduce this personification.
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Roberts, Julie. The Visualized Foetus: A Cultural and Political Analysis of Ultrasound Imagery. Burlington, VT: Ashgate, 2012a.
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This book describes the non-medical place of ultrasound imagery and the sonogram machine in modern culture. In addition to discussing the role of ultrasound technology in obstetrics, the author also addresses its influence in the abortion debate, celebrity children, and maternal-fetal bonding.
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Roberts, Julie. “‘Wakey wakey baby’: Narrating Four-Dimensional (4D) Bonding Scans.” Sociology of Health & Illness 34.2 (2012b): 299–314.
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In this article, Roberts takes on an issue that she also addresses in her book The Visualized Foetus. Here, she describes the technology of 4D ultrasounds and the commercial and marketing goals currently associated with them. While ultrasound was originally developed to allow physicians the opportunity to examine the physical development of the fetus, companies hope to engage the emotional and bonding desires of the parents instead.
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Taylor, Janelle S. The Public Life of the Fetal Sonogram: Technology, Consumption and the Politics of Reproduction. New Brunswick, NJ: Rutgers University Press, 2008.
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This book uses anthropology to study the sociocultural impact of the ultrasound. It discusses topics ranging from the use of ultrasound imagery in advertising and anti-abortion advocacy to the use of the ultrasound to make maternal keepsakes and encourage bonding between the woman and the fetus she is carrying. She also includes a discussion about the advent of new 3D and 4D ultrasound technologies.
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Van Dijck, Jose. Transparent Body: A Cultural Analysis of Medical Imaging. Seattle: University of Washington Press, 2005.
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This book explores the larger culture within which internal medical imaging has developed. While the book covers a wide range of topics including plasticized cadavers and operation films, it also includes a chapter that discusses ultrasounds and the fetus. This chapter analyzes the shift from ultrasound as a purely medical event to one that includes familial bonding with the fetus pictured on the screen.
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Religion and Philosophy
Religious practices and traditions inform many aspects of the lives of adherents. The primary religions in the world today all teach respect for life, in particular human life, in one manner or another. Thus, many people seek to understand what the tenets of the various faiths say about modern questions relating to conception, birth, and scientific advancement. Sasson and Law 2009; Shanzer 2009; Lawton and Morgan 2007; and Ashcroft, et al. 2007 discuss the influence of the many religious traditions on the idea of the fetus. Maguire 2003; Christopher 2006; and Stephens, et al. 2010 look specifically at the role of religion on forming opinions regarding abortion and contraception.
Ashcroft, Richard E., Angus Dawson, Heather Draper, and John R. McMillan, eds. Principles of Health Care Ethics. 2d ed. Chichester, UK: Wiley, 2007.
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This book outlines many elements of concern in modern bioethics and medical ethics. It includes chapters on the influence of the main world religions including Christianity, Islam, Judaism, and Buddhism. It presents an extensive picture of the religious, cultural and philosophical influences of the current bioethical debates.
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Christopher, Elphis. “Religious Aspects of Contraception.” Reviews in Gynaecological and Perinatal Practice 6.3–4 (2006): 192–198.
DOI: 10.1016/j.rigapp.2006.05.003Save Citation »Export Citation » Share Citation »
This article presents the major religions’ opinion on contraception and abortion and a discussion of the sanctioned and forbidden actions. From this, it builds an analysis of the practical effects of such beliefs. The article also includes a discussion of the other elements beyond religion that contribute to a woman’s contraceptive decisions.
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Lawton, Clive, and Peggy Morgan. Ethical Issues in Six Religious Traditions. Edinburgh: Edinburgh University Press, 2007.
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This article presents commentaries on how six different religions approach a number of different ethical issues, among them the question of abortion. The strength of this book is the parallel structure across the religions. It enables the reader to view direct contrasts between the faiths on the same issues.
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Maguire, Daniel C., ed. Sacred Rights: The Case for Contraception and Abortion in World Religions. New York: Oxford University Press, 2003.
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This book presents the role of religion in the decision-making process of fertility and family planning. It presents arguments and perspectives of the many world religions that speak in favor of contraception and abortion. The book includes, among others, chapters on Judaism, Catholicism and Protestantism, Islam, Hinduism, Buddhism, and American Indian religious traditions.
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Sasson, Vanessa R., and Jane Marie Law, eds. Imagining the Fetus: The Unborn in Myth, Religion and Culture. New York: Oxford University Press, 2009.
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This book seeks to reestablish a broader, cultural understanding of the fetus. The editors contend that too much of modern discourse focuses on the fetus as either a political or medical entity. The chapters in this book relate the religious and cultural imagining of the fetus as told in many world traditions. It includes chapters on the main monotheistic religions, the main Eastern religions, as well as Mesoamerican tradition.
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Shanzer, Danuta. “Voices and Bodies: The Afterlife of the Unborn.” Numen: International Review for the History of Religion 56.2–3 (2009): 326–365.
DOI: 10.1163/156852709X405035Save Citation »Export Citation » Share Citation »
This article traces the development of religious understanding of the afterlife of the unborn in antiquity and the Middle Ages. While its primary focus is the development of Christian thought, the article also references parallels in Eastern thought. It discusses elements of faith, such as the idea of the innocent in hell, the Resurrection, the question of ensoulment.
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Stephens, Moira, Christopher F. C. Jordens, Ian H. Kerridge, and Rachel A. Ankeny. “Religious Perspectives on Abortion and a Secular Response.” Journal of Religion and Health 49.4 (2010): 513–535.
DOI: 10.1007/s10943-009-9273-7Save Citation »Export Citation » Share Citation »
This article addresses the seven main world religions and their opinion regarding clinical abortion. After having explored the various elements of religion that contribute to the decision to have an abortion, the authors argue in favor of balancing a woman’s religious considerations with her secular priorities.
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Confucianism
Confucianism puts forwards the idea of many different kinds of relationship between people. This idea, in part will elevate one person over another, but Confucianism insists on elevating and helping people in this life. There is little focus on any gods or the afterlife. Tsai 2005 and Yu and Fan 2007 use this understanding of altruism to inform the stem cell debate. Ivanhoe 2010 applies Confucianism to the abortion debate.
Ivanhoe, Philip J. “A Confucian Perspective on Abortion.” Dao 9.1 (2010): 37–51.
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This article uses Confucian philosophy to engage Western philosophy on the issue of abortion. Ivanhoe suggests that Western philosophy speaks about abortion with an absolutism that disregards cultural variation. He starts by discussing two Western perspectives and then expands to discuss how Confucianism can add to the debate.
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Tsai, D. “Human Embryonic Stem Cell Research Debates: A Confucian Argument.” Journal of Medical Ethics 31.11 (2005): 635–640.
DOI: 10.1136/jme.2005.011924Save Citation »Export Citation » Share Citation »
This article frames the debate surrounding embryonic stem cell research in the Confucian idea of gradation. In this context the requirements of love for those already living outweighs the requirements of love for those yet unborn. Thus, the author does not discount the moral obligation for protecting the fetus, but instead suggests that society has a greater obligation to aid those who are living and could benefit from the medical advancements of human embryonic stem cell (HESC).
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Yu, Erika, and Ruiping Fan. “A Confucian View of Personhood and Bioethics.” Journal of Bioethical Inquiry 4.3 (2007): 171–179.
DOI: 10.1007/s11673-007-9072-3Save Citation »Export Citation » Share Citation »
This article uses the Confucian understanding of personhood to inform the bioethical discussion of informed consent in medical practice. Though it speaks generally about this topic, it outlines ideas that have implications for the discussion surrounding fetal medical treatment, stem cell research, and abortion.
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Buddhism
Buddhism is one of the dominant religions in Asia. Its teachings vary regionally, being divided roughly into Northern (Tibet), Southern (Thailand), and Eastern (Japan and Taiwan). Buddhism places great emphasis on the value of life and thus there appears to be a belief that bad karma is connected to abortion. Wilson 2009a, Moskowitz 2001, and Wilson 2009b study Japanese and Taiwanese abortion. Satow 2007 discusses the continued cultural influence of a medieval medical text. Keown 1995 and Keown 1999 and discuss Buddhism, abortion, and bioethics more broadly and specifically. LaFleur 1992 and Hardacre 1999 both discuss a specific ritual designed to appease the spirit of an offended aborted fetus.
Hardacre, Helen. Marketing the Menacing Fetus in Japan. Los Angeles: University of California Press, 1999.
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Hardachre examines the marketing surrounding the Mizuko Kuyo. Such advertisements tend to use “fetocentric rhetoric” to trigger a feeling of guilt in the parents, suggesting that they have violated the independent personhood of the fetus. The author suggests that such rhetoric unevenly targets the woman but not the man.
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Keown, Damien. Buddhism and Bioethics. New York: Macmillan, 1995.
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This book presents a broad discussion of the Buddhist treatment of bioethical questions. It includes a chapter that discusses the beginning of life. It presents the Buddhist perspective on pregnancy loss, embryonic research, and abortion.
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Keown, Damien. Buddhism and Abortion. Honolulu: University of Hawaii Press, 1999.
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This book contains a collection of essays that describes the relationship between Buddhism and abortion. It addresses issues that pertain to specific cities and nations as well as the general and normative questions that Buddhism raises about the ethics of abortion.
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LaFleur, William R. Liquid Life: Abortion and Buddhism in Japan. Princeton, NJ: Princeton University Press, 1992.
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This book examines the Japanese practice of mizuko kuyō in which parents mourn the fetus they have had aborted. It begins by taking a broad historical view, examining religion, life, and abortion in Japan from 1600 to 1945. Then it surveys the current attitudes toward abortion and the religious practices that have been developed.
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Moskowitz, Marc L. The Haunting Fetus: Abortion, Sexuality and the Spirit World in Taiwan. Honolulu: University of Hawai’i Press, 2001.
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This book studies the Taiwanese Buddhist belief in the spirits of dead fetuses, whether aborted or miscarried. These entities are believed to follow the mother and family unless placated. Rituals are observed to satisfy the spirit of the fetus and thus protect the family and assuage any feelings of guilt of the mother.
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Satow, Yumi. “Modern Day Implications from Medieval Japan: Fetal Development and Dietary Guidelines for Pregnancy.” Journal of Family and Consumer Sciences 99.4 (2007): 28–35.
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This article looks at the health and behavior requirements for pregnant women outlined in a medieval Japanese medical text. The author suggests that many of these beliefs are still seen in modern Japan. The article presents some of the traditional thoughts surrounding pregnancy that have remained constant in Japan.
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Wilson, Jeff. “Mizuko Kuyo in the Abortion Cultural Wars: The Rhetorical Appropriation of Japanese Buddhism by non-Buddhist Americans.” Religion 39.1 (2009b): 11–21.
DOI: 10.1016/j.religion.2008.05.006Save Citation »Export Citation » Share Citation »
This article discusses the extension of the Buddhist ritual that mourns the unborn dead into the United States. The author explores how both the pro-life and pro-choice sides of the abortion debate have appropriated the ritual to support their arguments.
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Wilson, Jeff. Mourning the Unborn Dead: A Buddhist Ritual Comes to America. New York: Oxford University Press, 2009a.
DOI: 10.1093/acprof:oso/9780195371932.001.0001Save Citation »Export Citation » Share Citation »
This book discusses the expansion of the Japanese Buddhist ritual mizuko kuyō to the United States. This ritual mourns the death of the unborn fetus, typically those which have been aborted. The book challenges the assumption that American Buddhism avoids rituals in favor of meditation for religious practice.
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Hinduism
Hinduism’s emphasis on nonviolence and the individual’s desire to do good tend to discourage abortion and most traditional religious texts oppose the practice. Modern culture in India, however, places greater importance on having sons. Sex selective abortions, covered in the Contemporary Issues section, are a current topic of debate and controversy. Here, Edelmann 2012 presents a thorough discussion of Hindu religion and modern medicine and science. Robinson 1999 discusses the rise of feminism in India and its interaction with traditional Hindu culture and religion.
Edelmann, Jonathan B. Hindu Theology and Biology: The Bhagavata Purana and Contemporary Theory. New York: Oxford University Press, 2012.
DOI: 10.1093/acprof:oso/9780199641543.001.0001Save Citation »Export Citation » Share Citation »
This book argues that little work has been done to inform bioethics from a traditional Hindu perspective. Pulling from a text called the Bhagavata Purana, the author brings Hinduism into dialogue with Western and Christian understandings of religion and science. It includes a discussion on the beginning of life.
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Robinson, Catherine A. Tradition and Liberation: The Hindu Tradition in the Indian Women’s Movement. New York: St. Martin’s, 1999.
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This book discusses the interaction of Hindu tradition, the modern feminist movement in India, and the influence of and differences with Western feminism. Among the topics it covers are sex selective abortion (son preference), female infanticide.
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Christianity
Much of Western thought is based on Christian social teaching. As a result, many modern debates surrounding medical ethics and the beginning of personhood are framed in terms of Christian ethical teaching. Many of the politically vocal conservative Christian arguments insist that life begins at fertilization or conception and that policy should mirror this belief. Hall 2006, designed for medical professionals, explores the questions of faith and religion for the woman and the fetus. Jones 2004 and Disney 2010 discuss a range of Christian belief regarding the fetus and embryo. Tollefsen and George 2008 advocates the full personhood of the fetus and the embryo. All the listed works in this section explore the Christian religious and ethical understanding of the beginning of human life and the moment of ensoulment. Waters and Cole-Turner 2003 applies this discussion to stem cell research specifically. Coughlan 1990 and Payne 2010 engage specifically Catholic arguments while Engelhardt 2011 pursues a dialogue between Roman Catholics and Orthodox CCatholics.
Coughlan, Michael J. The Vatican, the Law, and the Human Embryo. Iowa City: University of Iowa Press, 1990.
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This book challenges the Vatican’s pronouncement that all embryos must be treated as human beings. The author argues that such a belief would preclude any form of in vitro fertilization. Ultimately, the author suggests that the Vatican is departing from standing church tradition on this topic.
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Disney, Lindsey. “The Breath of Life: Christian Perspectives on Conception and Ensoulment.” Anglican Theological Review 92.2 (2010): 271–295.
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This article studies the many Christian perspectives on birth, life, and ensoulment. It suggests that there is less unity in the Christian world than would be perceived. Between the different schools of thought and the varying levels of conviction, an individual can maintain any number of opinions regarding contraception and abortion.
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Engelhardt, H. Tristram, Jr. “Orthodox Christian Bioethics: Some Foundational Differences from Western Christian Bioethics.” Studies in Christian Ethics 24.4 (2011): 487–499.
DOI: 10.1177/0953946811415018Save Citation »Export Citation » Share Citation »
This article discusses the differences between Orthodox and Roman Catholic bioethics. It proposes that the same terms may have different theological meanings in the different faiths. It uses the differing perspectives on the abortion debate to illustrate the variation between the two churches.
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Hall, Jennifer. “Spirituality at the Beginning of Life.” Journal of Clinical Nursing 15.7 (2006): 804–810.
DOI: 10.1111/j.1365-2702.2006.01650.xSave Citation »Export Citation » Share Citation »
This article explores the idea of the spirit of the fetus and possible timing of ensoulment to help medical practitioners better understand the spiritual relationship the woman has with her fetus. It presents historical, philosophical, and religious factors to highlight the perspectives the women being treated may have.
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Jones, David Albert. The Soul of the Embryo: An Enquiry into the Status of the Human Embryo in the Christian Tradition. New York: Continuum, 2004.
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This book begins by outlining the foundations of Christian thought on the developing child. It includes the many elements that have informed Western and Christian beliefs including ancient Judaism, Greek and Roman writers, and early Church Fathers. From this it builds a profile of how these views influence discourse about modern practices and technology.
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Payne, Craig. Why a Fetus Is a Human Person from the Moment of Conception: A Revisionist Interpretation of Thomas Aquinas’s Treatise on Human Nature. Lewiston, NY: Edwin Mellen: 2010.
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This book reviews Thomist thought on human life and the beginning of personhood. It counters the recent work of other scholars that read Thomas to argue that personhood begins later than conception. Payne builds a broad context to affirm Aquinas’s belief in conception as marking the beginning of personhood.
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Tollefsen, Christopher, and Robert P. George. Embryo: A Defense of Human Life. New York: Doubleday, 2008.
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This book presents an argument in favor of the recognition of the full humanity of the embryo. It outlines four points of support that, the authors argue, must be disproved to counter their claims. Thus, they insist that embryonic research is immoral.
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Waters, Brent, and Ronald Cole-Turner, eds. God and the Embryo: Religious Voices on Stem Cells and Cloning. Washington, DC: Georgetown University Press, 2003.
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This book includes chapters on religious concerns surrounding human embryonic research and human cloning. The various authors admittedly do not agree with one another and the book does not advocate one conclusion over another. It explores the varied opinions and justifications that are used in the debate.
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Islam
Islam is another of the three Abrahamic religious traditions, along with Christianity and Judaism. It believes in an omnipotent and active God who distributes judgment and blessing on people. Based on its foundational texts, Islam generally defines the beginning of personhood as occurring during the pregnancy and thus disapproves of abortion after the first trimester. Brockopp 2003 and Demirel 2011 both discuss Islam and abortion. Rispler-Chaim 2008 addresses sex selection while Foong 2011 studies stem cell research in a single nation. Atighetchi 2007 and Sachedina 2009 both examine Islam and bioethics generally and broadly.
Atighetchi, Dariusch. Islamic Bioethics: Problems and Perspectives. New York: Springer, 2007.
DOI: 10.1007/978-1-4020-4962-0Save Citation »Export Citation » Share Citation »
This book presents a broad survey of the Islamic opinion on various biomedical issues. Among those discussed are contraception, abortion, and assisted reproduction. It also discusses genetic research and human cloning. The book gives an insight into both the traditional foundations of these opinions and the nature of the contemporary debate.
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Brockopp, Jonathan E., ed. Islamic Ethics of Life: Abortion, War and Euthanasia. Columbia: University of South Carolina Press, 2003.
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This book presents the Islamic ethical understanding of three issues that involve taking a life. One of these is abortion. The book maintains that there is less focus on the rights of the woman in this discourse and more of a focus on a number of potential goods. Protecting the life of a fetus may be good, but there may arise other goods that are greater priorities.
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Demirel, Serdar. “Abortion from an Islamic Ethical Point of View.” International Journal of Business and Social Science 2.1 (2011): 230–237.
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This article explores Islamic thought on the beginning of life and its implications for the abortion debate. After outlining some general principles of Islamic ethics, the author then discusses the specific issues relating to abortion. Among the topics covered are sanctity of life and ensoulment.
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Foong, Patrick. “Human Embryonic Stem Cell Research in Malaysia: Multi-Faith Perspectives.” Asia Bioethics Review 3.3 (2011): 182–206.
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This article presents a nation-specific discussion of the religious concerns that need to be addressed in embryonic stem cell research. Malaysia is hoping to use this area of research to help the nation become fully developed and industrialized. This article explores the multi-faith context of human embryonic stem cell regulation that must be outlined in Malaysia.
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Rispler-Chaim, Vardit. “Contemporary Muftis between Bioethics and Social Reality: Selection of the Sex of a Fetus as Paradigm.” Journal of Religious Ethics 36.1 (2008): 53–76.
DOI: 10.1111/j.1467-9795.2008.00336.xSave Citation »Export Citation » Share Citation »
This article breaks down modern Islam’s approach to abortion. It discusses the case-by-case way Islam forbids and allows the procedure. Since there is little in the text that speaks authoritatively, the author examines the ways in which modern leaders develop their opinions.
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Sachedina, Abdulaziz Abdulhussein. Islamic Biomedical Ethics: Principles and Application. Oxford: Oxford University Press, 2009.
DOI: 10.1093/acprof:oso/9780195378504.001.0001Save Citation »Export Citation » Share Citation »
This book outlines the Islamic perspective on a number of current bioethical issues. It includes chapters on the beginning of life and advancements in reproductive technology including abortion, IVF, and genetic engineering. It provides textual references to the Qurʾan as well as discussions of the development of different schools of thought on the topics covered.
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Judaism
Judaism is the foundational Abrahamic faith on which Christianity and Islam are based. Its various views regarding the beginning of life are informed by religious text and rabbinic tradition. Schiff 2002 and Barilan 2005 discuss the Jewish opinion of abortion Zivotofsky 2009 provides a comparison between Judaism and Catholicism. Kessler 2009 describes the fetus as a literary tool used in rabbinic literature.
Barilan, Y. Michael. “Abortion in Jewish Religious Law: Neighborly Love, Imago Dei and a Hypothesis on the Medieval Blood Libel.” Review of Rabbinic Judaism: Ancient, Medieval and Modern 8.1 (2005): 1–34.
DOI: 10.1163/157007005774513963Save Citation »Export Citation » Share Citation »
This article presents a thorough description of the variations within Jewish thought on the issue of abortion. It provides a survey of the various literature available extending from the Talmud to modern responses of the 20th century. The article also includes a discussion of the ways Jewish thought diverges from Christian thought on the issue.
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Kessler, Gwynn. Conceiving Israel: The Fetus in Rabbinic Narratives. Philadelphia: University of Pennsylvania Press, 2009.
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This book describes the way rabbinic literature uses the fetus in the womb to describe and speak for the Jewish people. This book speaks of the fetus as a literary allegory. It does not address the religious and ethical considerations of modern technology or debate.
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Schiff, Daniel. Abortion in Judaism. Cambridge, UK, and New York: Cambridge University Press, 2002.
DOI: 10.1017/CBO9780511606335Save Citation »Export Citation » Share Citation »
This book provides a near-comprehensive summation and analysis of the Jewish teaching and law regarding abortion. It covers the development of first thought, the periods of divergence within the Jewish world, and the legislative challenges stemming from the establishment of modern Israel.
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Zivotofsky, Ari Z. “A Jewish Response to the Vatican’s New Bioethical Guidelines.” American Journal of Bioethics 9.11 (2009): 26–30.
DOI: 10.1080/15265160903197515Save Citation »Export Citation » Share Citation »
This article develops an Orthodox Jewish response to a recent Vatican publication, Dignitas Personae, which outlines the Catholic view on the many issues surrounding life and conception. The authors argue that much of Jewish thought parallels the Catholic positions but that there are also many points of departure between the two religions’ arguments.
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Mormonism
Mormonism (Church of Jesus Christ, Latter Day Saints or LDS), an offshoot of traditional Christianity, was founded much more recently than the other religions discussed in this chapter. For many years, most of its adherents were in the United States, but that is no longer the case. One of its emphases is to build strong families. Cannell 2013 discusses the LDS focus on family and the broader understanding of relation and kinship. Smith 1994 studies the relationship between the LDS church and freedom of conscience, intellectual freedom, and feminism, particularly at Brigham Young University.
Cannell, Fenella. “The Blood of Abraham: Mormon Redemptive Physicality and American Idioms of Kinship.” Journal of the Royal Anthropological Institute 19.S1 (2013): S77–S94.
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This article presents the Mormon understanding of blood, lineage, kinship, and family. Among the examples it uses is abortion. The authors develop the areas of distinction and difference between conservative Protestant views and Mormon views.
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Smith, George D., ed. Religion, Feminism, and Freedom of Conscience: A Mormon/Humanist Dialogue. Salt Lake City, UT: Prometheus, 1994.
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This book presents a collection of essays that explores the LDS church and freedom of conscience. One section in particular deals with feminist issues and the pro-life reaction against women present in the church.
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Indigenous Peoples
Many indigenous tribes maintain religious traditions that talk about the fetus and the pregnant woman. Those listed here are all peoples located in the Americas. The close connection between indigenous peoples and nature means that these traditional stories can serve as allegories for broader themes of concern to the population. Tate 2012 traces the woman and fetus in Olmec culture and history. Smith 2008 studies the political alliance between evangelical Christianity and Native American communities. Wilmer 2011, a collection of stories, includes one in which a fetus is symbolic of a lost identity.
Smith, Andrea. Native Americans and the Christian Right: The Gendered Politics of Unlikely Alliances. Durham, NC: Duke University Press, 2008.
DOI: 10.1215/9780822388876Save Citation »Export Citation » Share Citation »
This book studies the relationship between evangelical Christianity and Native American populations. The author focuses on coalition building between the two communities and tries to move beyond the idea of identity politics simply. She uses the Native women’s movement as an example case to illustrate her thinking.
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Tate, Carolyn Elaine. Reconsidering Olmec Visual Culture: The Unborn, Women and Creation. Austin: University of Texas Press: 2012.
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This book describes Olmec belief and culture regarding women, the unborn fetus, the gestational process, fertility, and creation. It includes chapters that discuss the historical progression of these beliefs, mythological creatures and their relationship to the Shamans, and the discoveries and their implications of an archaeological site called La Venta.
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Wilmer, S. E. Native American Performance and Representation. Tucson: University of Arizona Press, 2011.
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This book includes a chapter about a Chicano legend in which an eighty-year-old woman discovers she is carrying a sixty-year-old mummified fetus. This story is used to illustrate an abandoned dream of an independent nation and the loss of pride in one’s culture and history.
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Philosophy
Philosophy and biomedical ethics is a topic that is covered extensively. Exhaustive coverage here is impossible. Many of the topics discussed parallel those of Western religious dialogue. Questions include the effort to discern the moment of personhood, the search for the greater social good, and the problem of human potentiality. Sources have been selected to both include highly cited texts and to present as wide a range of thought as possible. Singer 1990 and Singer 2011 discuss the ethics of life relating to abortion, research, and in vitro fertilization (IVF). Green 1974 addresses the possibility of giving the fetus rights and protections without regard to the question of personhood. Olson 1997 and Burgess 2010 discuss the personhood of the fetus and zygote in the context of the behavior and capabilities of the organism. Harman 2007 explores the ethical differences between the stem cell and abortion debates.
Burgess, John. “Could a Zygote Be a Human Being?” Bioethics 24.2 (2010): 61–70.
DOI: 10.1111/j.1467-8519.2008.00689.xSave Citation »Export Citation » Share Citation »
This article explores the idea of personhood at the earliest stages of development. The author argues that those who believe in life beginning at fertilization or conception cannot account for the odd behaviors of some zygotes, such as splitting to become identical twins or fusing to form a chimera. Therefore, the zygote must be something other than the person it may become.
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Green, Ronald M. “Conferred Rights and the Fetus.” Journal of Religious Ethics 2.1 (1974): 55–75.
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This article explores the idea of humans choosing to confer rights on the fetus regardless of the question of when personhood begins. It suggests that the fetus can only have rights conferred on it by the decision of fully rational and moral humans. The author concludes that humans are not likely to forfeit their rights to autonomy through abortion in order to confer such rights on the fetus.
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Harman, Elizabeth. “How is the Ethics of Stem Cell Research Different from the Ethics of Abortion?” Metaphilosophy 38.2–3 (2007): 207–225.
DOI: 10.1111/j.1467-9973.2007.00489.xSave Citation »Export Citation » Share Citation »
This article studies the implications for both abortion and stem cell research for the various opinions about fetal and embryonic personhood. The author maintains that abortion and stem cell research are both allowable under the different moral standings of the fetus and embryo. However, she also argues that the creation of embryos for the explicit purpose of destroying them in research is unethical since the embryo does possess some measure of moral status.
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Olson, Eric T. “Was I Ever a Fetus?” Philosophy and Phenomenological Research 57.1 (1997): 95–110.
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This article discusses the concept of personhood as cognizance to study whether or not anyone could have ever been a fetus or embryo. The author argues that since a person only remains the same as long as their mental capacity remains in continuity, no person was ever a fetus which lacks such cognitive ability.
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Singer, Peter. Practical Ethics. New York: Cambridge University Press, 2011.
DOI: 10.1017/CBO9780511975950Save Citation »Export Citation » Share Citation »
This book deals with the application of ethics to daily life. Among the questions it addresses is the morality of taking life, specifically the fetus and embryo in abortion and scientific research. This book is in its third printing since 1980.
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Singer, Peter, ed. Embryo Experimentation. New York: Cambridge University Press, 1990.
DOI: 10.1017/CBO9781139172325Save Citation »Export Citation » Share Citation »
This book is a collection of essays designed to explore the ethical concerns of in vitro fertilization. It outlines the scientific issues, the ethical and moral questions, and then examines the implications of policy control of IVF in democratic society.
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Contemporary Issues
The fetus is the center of discussion in a number of areas of contemporary concern. Many of the topics discussed in this section are addressed in other areas as well, particularly Legal and Religion and Philosophy. Chadwick 2001, Blank 1992 and Becker 2000 (cited under In Vitro Fertilization). They address general issues of bioethics and the changing social perceptions of the fetus and embryo. Blizzard 2007 and Casper 1998 discuss the advent of fetal surgery. Following these are a number of specific categories that address particular ideas and issues of concern.
Blank, Robert H. Mother and Fetus: Changing Notions of Maternal Responsibility. New York: Greenwood, 1992.
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This book presents the then-current status of the legal rights and responsibilities of pregnant women. The majority of the content is devoted to a direct presentation of the different legislative and case law standards in place including fetal rights, fetal abuse, and wrongful life. It also includes a discussion of medical advances that are causing the woman and fetus to be perceived as separate individuals at an earlier stage.
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Blizzard, Deborah. Looking Within: A Sociocultural Examination of Fetoscopy. Cambridge, MA: MIT Press, 2007.
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This book looks at the new fetal surgery technologies available. These technologies enable physicians to operate on the fetus while it is still in the womb of the woman. Its stated aim is to present the “social and cultural context of in utero fetal surgery” (p. 1). The book contains chapters on surgery on a single fetus, surgery on twins, and the potential for loss or success.
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Casper, Monica J. The Making of the Unborn Patient: A Social Anatomy of Fetal Surgery. New Brunswick, NJ: Rutgers University Press, 1998.
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This book is a sociological analysis of the place of fetal surgery within the world of reproductive politics. Its goal is to look at the consequences of medical procedures from a broader perspective. It discusses the political, social, and ethical aspects of discourse surrounding fetal surgery.
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Chadwick, Ruth, ed. The Concise Encyclopedia of the Ethics of New Technologies. San Diego, CA: Academic Press: 2001.
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This encyclopedia presents a collection of commentaries on the ethics relating to the development of new technologies, including genetic research, fetal research and embryology. It also includes an extensive discussion of the nature and fields of debate in bioethics.
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Abortion
The debate surrounding abortion is extensive and divisive. There is a great deal of information available to inform the bioethical debate surrounding the procedure. Although these sources are scholarly in nature, some clearly can be characterized as supportive of either the pro-choice or pro-life stance. Some articles present a study of other aspects of the debate such as the use of imagery in a pro-life campaign. Thomson 1971 and Boonin 2002 are classic works defending abortion. Dellapenna 2006, Reagan 1997, and Reagan 2010 provide an extensive history of the procedure. Lindemann 2009 and Hewson 2001 discuss the role of women’s choice and autonomy in the abortion decision. Harris 2008 looks at the individual silence from members of the medical community and encourages theunchanged to be more forthcoming.
Boonin, David. A Defense of Abortion. Cambridge, UK, and New York: Cambridge University Press, 2002.
DOI: 10.1017/CBO9780511610172Save Citation »Export Citation » Share Citation »
This book presents a thorough description of the many perspectives and arguments in the abortion debate. It covers theories, principles, and assumptions of the dominant pro-life and pro-choice positions. As a work of philosophical discourse it is quite comprehensive on the issue.
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Dellapenna, Joseph W. Dispelling the Myths of Abortion History. Durham, NC: Carolina Academic Press, 2006.
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This book presents a summation of the legal, medical, and social history of abortion. The author presents examples of Western history dating back one thousand years, though the bulk of the material presented covers the 19th and 20th centuries.
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Harris, Lisa H. “Second Trimester Abortion Provision: Breaking the Silence and Changing the Discourse.” Reproductive Health Matters 16.31 (2008): 74–81.
DOI: 10.1016/S0968-8080(08)31396-2Save Citation »Export Citation » Share Citation »
Many physicians that provide abortions rarely talk about the procedure. Harris argues that such individual silence on the matter acts to maintain the stigma on both performing and undergoing the procedure. She suggests that should doctors increasingly acknowledge performing abortions as individuals, the debate on the issue will change.
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Hewson, Barbara. “Reproductive Autonomy and the Ethics of Abortion.” Journal of Medical Ethics 27.2 (2001): 10–14.
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This article considers the antagonism between the fetus and the woman when the rights of the fetus become part of the abortion debate. Instead, the author argues for increased autonomy for the woman. The article includes several examples where the law of the United States and Ireland favored the rights of the fetus over the autonomy of the woman.
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Reagan, Leslie J. When Abortion Was a Crime: Women, Medicine, and Law in the United States, 1867–1973. Berkeley: University of California Press, 1997.
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Built from American Medical Association (AMA) archival records, Reagan chronicles the time prior to the 1973 Roe v. Wade decision. From the 19th century movement to outlaw abortion and early and dangerous forms of treatment to the start of the Roe period, this book provides a thorough description of the attitudes and practices of these times.
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Reagan, Leslie J. Dangerous Pregnancies: Mothers, Disabilities, and Abortion in Modern America. Berkeley: University of California Press, 2010.
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This book builds on Reagan’s earlier book, When Abortion Was a Crime, and places the current abortion and disability debate within the context of the 1960s Rubella outbreak. Pregnant women exposed to Rubella are at a higher risk of delivering babies with physical and mental disabilities. The 1960s outbreak spurred changing attitudes in the abortion debate in the pre-Roe period.
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Lindemann, Hilde. “‘. . . But I Could Never Have One’: The Abortion Intuition and Moral Luck.” Hypatia 24.1 (2009): 41–55.
DOI: 10.1111/j.1527-2001.2009.00005.xSave Citation »Export Citation » Share Citation »
This article seeks to reconcile the apparent contradiction that women believe it necessary to defend one’s ability to procure an abortion yet insist that they could never have one. Lindemann suggests that many feminists have dismissed this disparity as a carry-over form of patriarchal morality. Instead, however, she proposes the idea of abortion intuition that stems from genuine and serious moral concerns that merits serious respect and attention from feminists.
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Thomson, Judith Jarvis. “A Defense of Abortion.” Philosophy & Public Affairs 1.1 (1971): 47–66.
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This article is foundational to the modern defense of abortion. It challenges the argument that a fetus is a person from the moment of conception. Instead, the author argues that the fetus’s right to life cannot intrude on the woman’s right to bodily integrity. She maintains as well a third party is permitted to perform the abortion and that the use of contraception is not sufficient to protect a woman from unwanted pregnancies.
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Stem Cell Research and Cloning
Much of the research here addresses the ethical considerations related to embryonic stem cell research. An extension of this is cloning research and the ethical concerns connected to this as well. While most of the sources listed here address the bioethical concerns in stem cell and cloning research, a few cover scientific and medical advances. Lauritzen 2001 discusses the possibilities of human cloning. Banchoff 2011, Lynch 2009, and Cohen 2007 study the interaction of technology and politics. Tandon and Jyoti 2012 examines the possibility of developing new methods for pharmacological testing. Resnik 2007 discusses the challenges surrounding stem cell patents. Human Embryonic Stem Cell Research Advisory Committee 2008 provides the most recent national ethical regulations of stem cell research. Waldby and Cooper 2010 examine the economics of gathering biologic matter for stem cell research.
Banchoff, Thomas. Embryo Politics: Ethics and Politics in Atlantic Democracies. Ithaca, NY: Cornell University Press, 2011.
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This book covers the ethical and political concerns of embryonic research and how four developed Western nations (United States, United Kingdom, France, and Germany) have addressed these issues. The book consists of four chapters that discuss the emergence of the ethical issue, the first ethical “regimes” of the early 1990s, the ethics of stem cell research specifically, and finally the politics of stem cell and cloning research.
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Cohen, Cynthia B. Renewing the Stuff of Life: Stem Cells, Ethics, and Public Policy. New York: Oxford University Press, 2007.
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This book presents a fairly comprehensive overview of human stem cells. It starts with a discussion of what they actually are and how they are derived for research and continues with a description of the moral and ethical considerations involved in the debate and finishes with an argument for the development of a national oversight board.
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Human Embryonic Stem Cell Research Advisory Committee. The National Academies’ Guidelines for Human Embryonic Stem Cell Research. Washington, DC: National Academies Press, 2008.
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This book provides embryonic stem cell research guidelines, which were compiled by a committee for the National Academies of Sciences and the Institute of Medicine in an effort to outline clear and uniform ethical standards. Oversight boards can use these guidelines to review research proposals.
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Lauritzen, Paul, ed. Cloning and the Future of Human Embryo Research. New York: Oxford University Press, 2001.
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This book is a collection of essays that deal with the ethical issues surrounding embryonic research, particularly the concerns surrounding stem cell research and cloning. Its three primary sections discuss the moral status of the embryo, the debate surrounding this research, and finally policy issues. The book presents a broad perspective on embryonic research, placing it within the context of in vitro fertilization and human reproduction.
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Lynch, John. “Stem Cells and the Embryo: Biorhetoric and Scientism in Congressional Debate.” Public Understanding of Science 18.3 (2009): 309–324.
DOI: 10.1177/0963662507085164Save Citation »Export Citation » Share Citation »
This article studies the development of congressional debates surrounding embryonic research. It looks at rhetoric surrounding the public identity of the fetus and the nature of how public debate defines the fetus.
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Resnik, David B. “Embryonic Stem Cell Patents and Human Dignity.” Health Care Analysis 15.3 (2007): 211–222.
DOI: 10.1007/s10728-007-0045-9Save Citation »Export Citation » Share Citation »
This article looks at the idea of human dignity and its role in informing the debate over stem cell patenting. The concern is that patenting such an entity would lead to the belief that stem cells are not human. Ultimately, this article advocates for a compromise in which certain types of stem cells can be legitimately patented, but not actual embryos. Resnik insists that patenting agencies must strictly monitor this.
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Tandon, S., and S. Jyoti. “Embryonic Stem Cells: An Alternative Approach to Developmental Toxicity Testing.” Journal of Pharmacy & BioAllied Sciences 4.2 (2012): 96–100.
DOI: 10.4103/0975-7406.94808Save Citation »Export Citation » Share Citation »
This article presents human stem cell research as an alternative to animal testing in the areas of pharmacological and toxicological testing. Because of the nature of stem cell development, the authors believe that it can become the new form of testing.
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Waldby, Catherine, and Melinda Cooper. “From Reproductive Work to Regenerative Labour: The Female Body and the Stem Cell Industries.” Feminist Theory 11.3 (2010): 3–22.
DOI: 10.1177/1464700109355210Save Citation »Export Citation » Share Citation »
This article looks at the place of economics in the gathering of embryos, fetal remains, and placental (afterbirth) matter for scientific research. It looks at the two economic methods (gift and transaction) of acquiring such material. In developed nations, laboratories can only receive voluntary donations while in developing nations women will give biologic matter for a fee.
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Sex Selection
Sex selection abortions are a highly publicized problem in much of Asia. The literature listed here discusses the cultural, policy, and demographic problems that stem from son preference and the abortions of female fetuses. A number of countries and cultures are discussed. Ahmad 2010; Zhou, et al. 2012; and Puri, et al. 2011 discuss the problems of sex selection in specific nations. Bedi 2011, John 2011, Sharma 2008, and Bumgarner 2007 study the general and legal questions surrounding sex selective abortions. Hollingsworth 2005 engages the Social Workers Code of Ethics to explore the issue.
Ahmad, Nehaluddin. “Female Feticide in India.” Issues in Law & Medicine 26.1 (2010): 13–29.
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This article addresses the social and legal aspects of sex selective abortions in India. While such practices are illegal and heavily penalized, it is still a common occurrence. It presents a detailed picture of the practice, from its historical roots to the legislative and judicial response to this consistent problem.
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Bedi, Sonu. “Why a Criminal Prohibition on Sex Selective Abortions Amounts to a Thought Crime.” Criminal Law and Philosophy 5.3 (2011): 349–360.
DOI: 10.1007/s11572-011-9123-zSave Citation »Export Citation » Share Citation »
This article argues that sex selective abortions should be considered hate crimes. They are biased-driven actions that lead one to procure an abortion because of nothing more than the sex of the fetus. Without taking into account the bias and motivations of this type of abortion, there is no legal way to justify deeming them to be illegal.
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Bumgarner, Ashley. “A Right to Choose? Sex Selection in the International Context.” Duke Journal of Gender Law & Policy 14 (2007): 1289–1309.
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This article places sex selection within the context of assisted reproductive technology and in vitro fertilization. With advances in technology scientists and physicians will be able to sort sperm based on gender and conduct genetic tests on fertilized embryos prior to implantation. This article studies the legal and political concerns surrounding sex selection in India, China, and the United States and seeks to outline some of the potential consequences stemming from the procedure.
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Hollingsworth, Leslie Doty. “Ethical Considerations in Prenatal Sex Selection.” Health & Social Work 30.2 (2005): 126–134.
DOI: 10.1093/hsw/30.2.126Save Citation »Export Citation » Share Citation »
This article builds off of the National Association of Social Workers Code of Ethics to discuss the ethical considerations relevant to the issue of sex preferences and sex selective procedures. Among the issues addressed are gender bias and discrimination, parent-child relationships, and the dignity of the individual.
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John, Mary E. “Sexing the Fetus: Feminist Politics and Methods across Cultures.” Positions: East Asia Cultures Critique 19.1 (2011): 7–29.
DOI: 10.1215/10679847-2010-022Save Citation »Export Citation » Share Citation »
This article studies the various methods that are used in the academic discourse surrounding the issue of sex selection. Some works focus on strictly statistical evidence while others are anthropological and ethnographic in nature. Here, the author argues for the use of both approaches in order to more clearly see the necessary steps feminists must take to counter reproductive gender bias.
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Puri, Sunita, Vincanne Adams, Susan Ivey, and Robert D. Nachtigall. “‘There Is Such a Thing as Too Many Daughters, but Not Too Many Sons’: A Qualitative Study of Son Preference and Fetal Sex Selection among Indian Immigrants in the United States.” Social Science & Medicine 72.2 (2011): 1169–1176.
DOI: 10.1016/j.socscimed.2011.01.027Save Citation »Export Citation » Share Citation »
This article looks at son preferences among Indian women that have immigrated to the United States. The article highlights the violence that can stem from such cultural concerns as producing male offspring. The article places such immigrant women at an interesting intersection of Western reproductive choice and traditional cultural concerns.
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Sharma, Monica. “Twenty-First Century Pink or Blue: How Sex Selection Technology Facilitates Gendercide and What We Can Do About It.” Family Court Review 46.1 (2008): 198–215.
DOI: 10.1111/j.1744-1617.2007.00192.xSave Citation »Export Citation » Share Citation »
This article presents a larger, global perspective on the preference for sons over daughters. It includes a discussion of pre-implantation sex selection, selective abortion, as well as female infanticide to give a larger context to the problem of gender bias and reproductive technology.
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Zhou, Chi, Xiao Lei Want, Xu Dong Zhou, and Therese Hesketh. “Son Preference and Sex-Selective Abortion in China: Informing Policy Options.” International Journal of Public Health 57.3 (2012): 459–465.
DOI: 10.1007/s00038-011-0267-3Save Citation »Export Citation » Share Citation »
This article seeks to understand why the gender ratio remains imbalanced in China when evidence suggests that attitudes of son preference are on the decline. It finds, through a series of interviews, that a small minority maintain these opinions and that this is the cause of the continued imbalance. Subsequently, the authors make a series of policy recommendations to continue efforts to reinstitute a balanced birth ratio.
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Disability
The study of the fetus and its relationship to disability is a growing field of research. As prenatal testing for genetic disorders and preimplantation testing become increasingly sophisticated, the societal implications of their widespread use are an issue of concern for many. Disability rights advocates fear that fetuses diagnosed with genetic disabilities will be excessively targeted for termination or will never be implanted in the first place, and many worry that it devalues human life in general. Wyatt 2001; Roberts, et al. 2002; Wasserman 2005; and Kupperman, et al. 2011 deal with ethical considerations, while Parens and Asch 2000 and Wasserman, et al. 2005 address the legal/policy questions of the issue.
Kupperman, Miriam, Sanae Nakagawa, Shana Raquel Cohen, Irenka Dominguez-Pareto, Brian L. Shaffer, and Susan D. Holloway. “Attitudes toward Prenatal Testing and Prenatal Termination among a Diverse Population of Parents of Children with Intellectual Disabilities.” Prenatal Diagnosis 31.13 (2011): 1251–1258.
DOI: 10.1002/pd.2880Save Citation »Export Citation » Share Citation »
This article presents a survey conducted among parents of children with intellectual disabilities to determine their attitudes toward prenatal testing. Results showed that most parents were willing to undergo the testing but were unwilling to obtain an abortion should the tests results be positive.
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Parens, Erik, and Adrienne Asch. Prenatal Testing and Disability Rights. Washington, DC: Georgetown University Press, 2000.
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This book explores the nature of prenatal genetic testing and engages the concerns of the disability rights movement regarding the procedure. It includes a description of prenatal testing and diagnoses, presents the concerns and arguments of the disability rights movement, and concludes with a discussion of legal and political considerations.
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Roberts, Christy D., Laura M. Stough, and Linda H. Parrish. “The Role of Genetic Counseling in the Elective Termination of Pregnancies Involving Fetuses with Disabilities.” Journal of Special Education 36.1 (2002): 48–55.
DOI: 10.1177/00224669020360010501Save Citation »Export Citation » Share Citation »
This article presents a small survey of women with pregnancies that tested positive for disability. It finds that most women elected to terminate their pregnancy regardless of the type of disability indicated. The survey appears to suggest that the genetic counseling they were provided with was insufficient to fully inform them of future quality-of-life potential, nor were they informed of the positive as well as negative aspects of the disability diagnosis.
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Wasserman, David. “The Nonidentity Problem, Disability and the Role Morality of Prospective Parents.” Ethics 116.1 (2005): 132–152.
DOI: 10.1086/454369Save Citation »Export Citation » Share Citation »
In this article, the author looks at the role of blame attribution in the realm of children and genetic disability. He explores two scenarios as possible causes of such disability, one of toxic, environmental contributions and one of maternal choice and negligence. He also uses the concept of nonidentity (Is an act that does not harm anyone in the present or future actually wrong or bad?) to inform his analysis.
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Wasserman, David, Robert Samuel Wachbroit, and Jerome Edward Bickenbach. Quality of Life and Human Difference: Genetic Testing, Health Care and Disability. New York: Cambridge University Press, 2005.
DOI: 10.1017/CBO9780511614590Save Citation »Export Citation » Share Citation »
This book studies the interaction of quality-of-life considerations and the ethics of prenatal testing. It is a collection of essays that considers, among other questions, the apparent conflict between preventing the inheritance of genetic disabilities while maintaining respect for the disabled.
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Wyatt, J. “Medical Paternalism and the Fetus.” Journal of Medical Ethics 27.2 (2001): 15–20.
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This article frames disability counseling in an expert-expert relationship. The counselor is an expert in the development and social status of individuals with disabilities and the mother being counseled is an expert in what she desires in the life of her fetus. In this context the counselor needs to be respectful of the mother’s focus on family, personal history, and ultimately, her choice and autonomy in the decision.
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Feminism
A number of feminist writers have addressed the interaction between the fetus and the woman, particularly within a broader social context. Keane 2009 studies feminist treatment of pregnancy loss and miscarriage. Roberts 2009 explores racism in the reproductive debate. Kukla 2005 looks at the political and social place of pregnancy within the larger culture. Schonfeld 2013 and Rowland 2007 examine the place of the woman in clinical research. All challenge the ideas of paternalistic medicine, pregnancy loss, and medical research. In this field of research, the fetus itself tends to be secondary to study the challenges to the woman during pregnancy.
Keane, Helen. “Foetal Personhood and Representations of the Absent Child in Pregnancy Loss Memorialization.” Feminist Theory 10.2 (2009): 153–171.
DOI: 10.1177/1464700109104922Save Citation »Export Citation » Share Citation »
This article studies the way feminism addresses the mourning of a pregnancy loss or miscarriage. Many feminists struggle to acknowledge this process because it seems to impart personhood on the lost fetus and thus would damage the argument in favor of abortion. This article presents a way to account for this sense of loss and mourning without the difficulties that fetal personhood would create.
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Kukla, Rebecca, Mass Hysteria: Medicine, Culture, and Mothers’ Bodies. Lanham, MD: Rowman & Littlefield, 2005.
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This book traces the evolution of the social and political focus on pregnancy and motherhood. Starting from 18th-century Enlightenment France, the author shows the increased public significance of child bearing and motherhood. The author also includes a thorough discussion of the social aspects of pregnancy and breastfeeding in the modern United States.
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Roberts, Dorothy E. “Race, Gender, and Genetic Technology: A New Reproductive Dystopia?” Signs: Journal of Women in Culture and Society 34.4 (2009): 783–804.
DOI: 10.1086/597132Save Citation »Export Citation » Share Citation »
This article presents feminist concern for racism in reproduction. It suggests that there is a hierarchy or caste system in reproduction and child birth in which wealthy white women are able to ensure that they carry healthy children while the welfare structure discourages women of color from carrying the fetus to term. This article suggests that the oppositional perspective should be reconsidered and replaced by one emphasizing privatization.
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Rowland, Robyn. Living Laboratories: Women and Reproductive Technologies. New Melbourne, Australia: Spinifex, 2007.
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This book discusses the ways society is changing because of the advances in reproductive technologies. It is comprised of two primary parts, one that the discusses the role of men in the advancement of reproductive technology and one that seeks to reestablish the discussion of female autonomy in reproductive control.
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Schonfeld, Toby. “The Perils of Protection: Vulnerability and Women in Clinical Research.” Theoretical Medicine and Bioethics 34.3 (2013): 189–206.
DOI: 10.1007/s11017-013-9258-0Save Citation »Export Citation » Share Citation »
This article questions the federal classification of pregnant women and their fetuses as “vulnerable populations” in the guidelines for medical and scientific research. It suggests instead that these women are made vulnerable by this very classification and that valuable research has been avoided because of it.
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In Vitro Fertilization
These articles address the ethical and social issues surrounding in vitro fertilization (IVF). Harries 2005 and Haimes and Taylor 2009 discuss the donation of unused embryos to stem cell research. Ehrich and Williams 2010 and Gjerris, et al. 2012 study the use of preimplantation testing to ensure that the fetus will be healthy and free of genetic disabilities. Becker 2000 pursues an anthropological view of the IVF process and fertility treatments.
Becker, Gay. The Elusive Embryo: How Women and Men Approach New Reproductive Technologies. Berkeley: University of California Press, 2000.
DOI: 10.1525/california/9780520224308.001.0001Save Citation »Export Citation » Share Citation »
This book approaches the many issues surrounding infertility and the subsequent infertility treatments that women and their partners pursue when struggling to conceive. Using an anthropological perspective, it includes chapters on the ideas of normalcy and gender identity within the context of infertility.
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Ehrich, Kathryn, and Clare Williams. “A ‘Healthy Baby’: The Double Imperative of Preimplantation Genetic Diagnosis.” Health (London) 14.1 (2010): 41–56.
DOI: 10.1177/1363459309347477Save Citation »Export Citation » Share Citation »
This article presents the challenges of preimplantation genetic testing during in vitro fertilization treatment. Under this process embryos must be considered both viable and free of serious genetic defect. This article discusses the many social and ethical concerns that stem from this set of considerations.
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Gjerris, Anne Catherine, Ann Tabor, Anne Loft, Michael Christiansen, and Anja Pinborg. “First Trimester Prenatal Screening among Women Pregnant after IFV/ICSI.” Human Reproduction 18.4 (2012): 350–359.
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This article presents a review of a number of earlier articles that address the issue of prenatal screening and testing in IVF pregnancies. It provides a more thorough analysis of the criteria considered when deciding to test in the first place. Among the factors addressed are maternal age, ultrasound, and biomarkers.
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Haimes, E., and K. Taylor. “Fresh Embryo Donation for Human Embryonic Stem Cell (hESC) Research: The Experiences and Values of IVF Couples Asked to Be Embryo Donors.” Human Reproduction 24.9 (2009): 2142–2150.
DOI: 10.1093/humrep/dep124Save Citation »Export Citation » Share Citation »
This article presents the results of a UK survey of IVF parents asked to donate fresh embryos for research. It indicates that these parents were most concerned with the embryos that were high quality and could have been implanted to produce a child. Lower quality embryos cause less concern to these parents. It concludes with some implications for the debate surrounding embryonic stem cell research.
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Harries, Richard. “Delivering Public Policy: The Status of the Embryo and Tissue Typing.” Studies in Christian Ethics 18.1 (2005): 57–74.
DOI: 10.1177/0953946805052121Save Citation »Export Citation » Share Citation »
This article considers the broader public policy concerns that grow out of the ethical considerations surrounding treatment of the early embryo. He discusses Christian tradition and legal considerations from previous centuries. From this perspective, he then discusses the new advances in preimplantation genetic testing and the implications for events such as tissue typing an embryo to match an older sibling.
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Pre-Natal Drug Exposure
These articles present a selection of the different substances that are being studied for their interaction with fetal development. Some are pieces of medical research while others are sociological or environmental in focus. All address the possibility of birth defects independent of genetic influence. Ornoy and Ergaz 2010 and Kyskan and Moore 2005 discuss alcohol consumption during pregnancy. Armstrong 2003 studies fetal alcohol syndrome in great detail. Oaks 2001 and White, et al. 2012 study tobacco smoke and the fetus. Leavitt 1995 and Lewis and Bendersky 1995 examine illegal drug abuse. Currie and Schmieder 2008 studies the role of environmental toxins on the health of the fetus. One should also refer to the section Drug Interactions for sources relating to drug testing and prescribed drug use and pregnancy.
Armstrong, E. M. Conceiving Risk, Bearing Responsibility: Fetal Alcohol Syndrome and the Diagnosis of a Moral Disorder. Baltimore: Johns Hopkins University Press, 2003.
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This book closely explores fetal alcohol syndrome. It seeks to better understand what is understood and what remains to be learned about the syndrome. It also studies how public awareness about alcohol generally impacts the ways pregnant women who drink, moderately or to excess, are treated.
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Currie, Janet, and Johannes F. Schmieder. Fetal Exposure to Toxic Releases and Infant Health. Cambridge, MA: National Bureaus of Economic Research, 2008.
DOI: 10.3386/w14352Save Citation »Export Citation » Share Citation »
The book studies the relationship between environmental toxins and birth outcomes and infant health. Building on Environmental Protection Agency data, this study looked at chemical output and found that, though sometimes small, a relationship between chemical exposure and poor infant health does exist.
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Kyskan, Christina E., and Timothy E. Moore. “Global Perspectives on Fetal Alcohol Syndrome: Assessing Practices, Policies, and Campaigns in Four English-Speaking Countries.” Canadian Psychology 46.3 (2005): 153–165.
DOI: 10.1037/h0087018Save Citation »Export Citation » Share Citation »
This article looks at the knowledge of the risks of alcohol consumption in a number of developed nations, specifically Canada, the United States, the United Kingdom, and Australia. It looks at current research in fetal alcohol exposure and government policy and finds that Canada and the United States have a better understanding of the problem than the United Kingdom and Australia.
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Leavitt, Fred. Drugs & Behavior. Thousand Oaks, CA: SAGE, 1995.
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This book presents an overall summation of the effects of various drugs, both legal and illegal. Among the topics covered are different drugs’ effects on fertility and newborns and the policy implications of drug use and availability.
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Lewis, Michael, and Margaret Bendersky. Mothers, Babies, and Cocaine: The Role of Toxins in Development. Hillsdale, NJ: Lawrence Erlbaum, 1995.
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This book presents the scientific understanding about how cocaine and methadone damage the developing fetus and explains the possible types of developmental challenges the child will face. Then it outlines the importance of early intervention to protect the health of the fetus.
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Oaks, Laury. Smoking and Pregnancy: The Politics of Fetal Protection. New Brunswick, NJ: Rutgers University Press, 2001.
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This article studies the policies relating to the public health concerns of maternal smoking during pregnancy. It studies both the social and political pressures brought to bear on smoking women.
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Ornoy, Asher, and Zivanit Ergaz. “Alcohol Abuse in Pregnant Women: Effects on the Fetus and Newborn, Mode of Action and Maternal Treatment.” International Journal of Environmental Research and Public Health 7.2 (2010): 364–379.
DOI: 10.3390/ijerph7020364Save Citation »Export Citation » Share Citation »
This article discusses the range of possible birth defects, both physical and intellectual, that are caused by fetal exposure to alcohol. From small amounts to large and repetitive doses the article presents all possible outcomes for the fetus. The article finishes with a discussion of possible medical treatments and alcohol abstinence programs that should be made available to the mother.
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White, Cameron, John L. Oliffe, and Joan L. Bottorff. “Fatherhood, Smoking, and Secondhand Smoke in North America: An Historical Analysis with a View to Contemporary Practice.” American Journal of Men’s Health 6.2 (2012): 146–155.
DOI: 10.1177/1557988311425852Save Citation »Export Citation » Share Citation »
This article studies smoking cessation campaigns and finds that they target women more often than men in an effort to protect families and unborn fetuses from secondhand smoke. It finds that smoking has a cultural history of being considered masculine. Subsequently the authors posit the necessity of emphasizing the responsibility inherent in masculinity to encourage men to quit smoking to protect their families.
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Activism
The following organizations are pro-choice or pro-life advocates, centered primarily in the United States. Many of them have an established history of protest, lobbying, even terrorist, activities. Some, like Guttmacher Institute regularly publishes research and updates on current issues related to reproductive choice and fetal personhood. Some are grassroots organizations that focus on protesting outside of individual clinics while others are professional organizations designed for the medical community. Each provides a unique perspective on the issues of concern surrounding the pro-choice/pro-life debate. Because there are so many organizations, we have chosen to limit our focus to only the most well-known national organizations.
Protest
These organizations focus their efforts on protesting abortion clinics, practicing physicians and pro-choice organizations. Catholics United for Life and Pro-Life Action League engage in peaceful protests, seeking to publicize their opposition to abortion. The Army of God, on the other hand, is militant and believe that violence may be morally justified. Operation Rescue works to close abortion facilities and expose improper practices.
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This is a militant pro-life organization. Its website honors men such as Scott Roeder who is currently serving a life sentence for the 2009 shooting death of abortion doctor Scott Tiller in Wichita, Kansas, and Paul Jennings Hill who was executed in 2003 for the murder of Dr. John Britton. Included on their website is an incomplete copy of the Army of God Manual, a manifesto intended to instruct the reader in violent pro-life activism.
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This is a faith-based, Catholic pro-life organization. It presents the pro-life cause as an outreach mission and places the issue within the larger fight for religious freedom. The membership participates in peaceful protests at abortion facilities.
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Operation Rescue is a Christian pro-life advocacy organization focused on abortion and fetal personhood. It rose to prominence for its tactics of civil disobedience in blocking access to abortion facilities. It now uses undercover tactics to publicize the inappropriate practices of some abortion facilities in an effort to close clinics and have physicians’ licenses revoked.
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This is a pro-life advocacy organization. Members conduct nonviolent protests outside of clinics and medical offices, pro-choice organization offices, even the private homes of physicians who provide abortions. Members also secretly attend pro-choice meetings in an effort to publicize what they consider to be illegal or unethical conduct.
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Legislative Policy and Political Lobbying
Many organizations lobby at the state and federal levels of government for policies favorable to their pro-choice or pro-life positions. Among these are NARAL, which both lobbies at the state and federal levels and endorses pro-choice candidates. NRLC and Susan B. Anthony List endorse and support pro-life candidates, the National Network of Abortion Funds provides funding to help women obtain their reproductive healthcare needs. National Women’s Health Network and Personhood USA serve primarily legislative lobbying organizations. Planned Parenthood both advocates for policy and serves as a healthcare provider. AUL provides a legal defense fund to help advance court cases relating to right-to-life issues.
AUL – Americans United for Life.
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AUL is a pro-life legal support organization. It advocates on behalf of a number of pro-life causes including abortion, bioethics, and end of life concerns. It works in the legal and legislative systems at both the federal and state systems. It publishes an annual resource, titled Defending Life, which follows the progress of pro-life issues across the country. AUL also organizes a number of college campus organizations.
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NARAL is the oldest national pro-choice political advocacy organization. It endorses pro-choice candidates and elected representatives and lobbies at the state and federal levels. It supports pro-choice and reproductive healthcare issues including abortion, contraception, and sexual education.
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National Network of Abortion Funds.
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This organization seeks to provide funding so that any woman seeking to procure an abortion is able to receive it, regardless of her inability to pay for the procedure. Currently, it is advocating for the addition of abortion funding to Medicaid coverage.
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National Women’s Health Network.
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This organization was founded in 1975 as a lobbying body based in Washington, DC. It advocates largely for contraceptive and abortion availability but also includes issues such as affordable health care and preventive care. It also advocates for protecting women from the dangers of unsafe drugs and medical devices.
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NRLC – National Right to Life.
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NRLC is a pro-life political advocacy organization. It lobbies the federal and state legislatures in favor of pro-life policies and endorses pro-life candidates and elected officials. It focuses on issues including abortion, euthanasia, and human cloning research.
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This is a conservative Christian pro-life advocacy organization. It focuses on legislative lobbying and political action to redefine legal personhood as starting at fertilization. It advocates for the adoption of a constitutional amendment to protect fetal personhood. Many of its leaders came out of Operation Rescue.
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Planned Parenthood is a national advocacy organization and healthcare provider. It lobbies at the state and federal levels and operates a large number of healthcare centers across the nation and provides care for a number of women’s health issues including sexually transmitted diseaase (STD) testing and treatment, abortion, and cancer screenings.
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This is a pro-life campaign organization. The initial goal of Susan B. Anthony was to support politically and financially pro-life women wishing to run for elected office, but more recently it has branched out to supporting pro-life male candidate and activism against abortion. It recently organized the national pro-life women’s caucus to help organize state-level pro-life officials.
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Advocacy
These organizations may lobby politically but they also devote a substantial portion of their resources to educating the general public on the many aspects of the life/choice debate. American Life League and Religious Coalition for Reproductive Choice (RCRC) have some religious identification or affiliation. Feminist Majority Foundation, Guttmacher Institute, Life Dynamics Inc., and Population Connection all produce research on issues surrounding reproductive choice.
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This is a Catholic pro-life advocacy organization founded in 1979. It provides educational materials for those interested in supporting pro-life policies. In addition to opposing abortion, it also opposes stem cell research, euthanasia, and harvesting the brain dead for organs.
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This is an organization devoted to advancing the cause of legal, social, and political equality for women. Among the policy issues it supports is accessible abortion and contraception and it opposes violence against women.
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The Guttmacher Institute is a pro-choice organization dedicated to “advancing sexual and reproductive health worldwide through research, policy analysis, and public education.” It publishes a variety of resources of fact sheets, articles, and reports. The organization’s research spans a variety of reproductive and health concerns including abortion, HIV/AIDS, and pregnancy.
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Life Dynamics is a pro-life organization based in Texas. Among its activities, Life Dynamics conducts extensive research and includes a program designed for abortion malpractice litigation. The organization also has a reputation for conducting undercover investigations at abortion clinics.
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Formerly ZPG—Zero Population Growth. This organization was founded in 1968 to advocate for stabilization of population growth. Their concern is that the population will grow to a level that the natural resources of the world will be unable to support such a large amount of people. By advocating for voluntary family planning, in the form of contraception and abortion, Population Connection hopes to slow the growth and eventually shrink the world’s population.
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Religious Coalition for Reproductive Choice (RCRC).
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This organization is comprised of religious leaders and individuals of faith from a variety of denominations and sects including but not limited to Reform Judaism, the Episcopalian Church, and the Methodist Church. The organization advocates for reproductive choice and is endeavoring to remove the appearance of the religious unity of the pro-life movement. They provide scriptural texts from different faith traditions to support their position.
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Medical
These organizations are medical in nature. They make the medical/scientific argument in favor of abortion and reproductive autonomy. The NAF is the professional association for physicians who provide abortions. Medical Students for Choice is a campus-focused organization intended to encourage medical schools to maintain a rigorous curriculum that includes proper training in performing abortions. Physicians for Reproductive Choice and Health is a body of practicing physicians that lobbies for expanded access to the full range of reproductive health care treatment options.
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This is a pro-choice advocacy organization designed for college campuses. It aims to affect college and medical curriculum on abortion and family planning issues. One of its primary goals is to encourage medical students to pursue the training necessary to conduct abortions and thus increase the number of physicians performing the procedure. MS4C argues that between pro-life violence, the aging of current providers, and the lack of widespread training in medical schools threaten to severely reduce the amount of abortion healthcare providers in the marketplace.
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NAF – National Abortion Foundation.
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NAF is the national professional association for abortion providers. They advocate for the availability of safe, legal, and accessible abortions to those seeking the procedure. NAF provides ongoing education and training to providers and lobbies for pro-choice legislation at the state and federal level.
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Physicians for Reproductive Choice and Health.
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This organization is a body of physicians that lobbies for expanded access to abortion and contraception and is focused on helping disadvantaged patients. In addition to policy advocacy, they also encourage the inclusion of abortion and contraception in medical curricula. Membership is not limited to the OBGYN community but includes physicians from a wide range of medical specialties.
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Article
- Abduction of Children
- Aboriginal Childhoods
- Addams, Jane
- ADHD, Sociological Perspectives on
- Adolescence and Youth
- Adolescent Consent to Medical Treatment
- Adoption and Fostering
- Adoption and Fostering, History of Cross-Country
- Adoption and Fostering in Canada, History of
- Advertising and Marketing, Psychological Approaches to
- Advertising and Marketing, Sociocultural Approaches to
- Africa, Children and Young People in
- African American Children and Childhood
- After-school Hours and Activities
- Aggression across the Lifespan
- Ancient Near and Middle East, Child Sacrifice in the
- Animals, Children and
- Animations, Comic Books, and Manga
- Anthropology of Childhood
- Archaeology of Childhood
- Ariès, Philippe
- Art History, Children in
- Attachment in Children and Adolescents
- Australia, History of Adoption and Fostering in
- Australian Indigenous Contexts and Childhood Experiences
- Autism, Females and
- Autism, Medical Model Perspectives on
- Autobiography and Childhood
- Benjamin, Walter
- Bereavement
- Best Interest of the Child
- Bioarchaeology of Childhood
- Body, Children and the
- Body Image
- Bourdieu, Pierre
- Boy Scouts/Girl Guides
- Boys and Fatherhood
- Breastfeeding
- Bronfenbrenner, Urie
- Bruner, Jerome
- Buddhist Views of Childhood
- Byzantine Childhoods
- Child and Adolescent Anger
- Child Beauty Pageants
- Child Homelessness
- Child Mortality, Historical Perspectives on Infant and
- Child Protection
- Child Protection, Children, Neoliberalism, and
- Child Public Health
- Child Trafficking and Slavery
- Childcare Manuals
- Childhod, Agency and
- Childhood and Borders
- Childhood and Empire
- Childhood as Discourse
- Childhood, Confucian Views of Children and
- Childhood, Memory and
- Childhood Studies and Leisure Studies
- Childhood Studies in France
- Childhood Studies, Interdisciplinarity in
- Childhood Studies, Posthumanism and
- Childhoods in the United States, Sports and
- Childism
- Children and Dance
- Children and Film-Making
- Children and Money
- Children and Social Media
- Children and Sport
- Children and Sustainable Cities
- Children as Language Brokers
- Children as Perpetrators of Crime
- Children, Code-switching and
- Children in the Industrial Revolution
- Children with Autism in a Brazilian Context
- Children, Young People, and Architecture
- Children's Humor
- Children’s Museums
- Children’s Parliaments
- Children’s Reading Development and Instruction
- Children's Views of Childhood
- China, Japan, and Korea
- China's One Child Policy
- Citizenship
- Civil Rights Movement and Desegregation
- Class
- Classical World, Children in the
- Clothes and Costume, Children’s
- Colonial America, Child Witches in
- Colonialism and Human Rights
- Colonization and Nationalism
- Color Symbolism and Child Development
- Common World Childhoods
- Competitiveness, Children and
- Conceptual Development in Early Childhood
- Congenital Disabilities
- Constructivist Approaches to Childhood
- Consumer Culture, Children and
- Consumption, Child and Teen
- Conversation Analysis and Research with Children
- Critical Approaches to Children’s Work and the Concept of ...
- Crying
- Cultural psychology and human development
- Debt and Financialization of Childhood
- Disability
- Discipline and Punishment
- Discrimination
- Disney, Walt
- Divorce And Custody
- Dolls
- Domestic Violence
- Drawings, Children’s
- Early Childhood
- Early Childhood Care and Education, Selected History of
- Eating disorders and obesity
- Education: Learning and Schooling Worldwide
- Environment, Children and the
- Environmental Education and Children
- Ethics in Research with Children
- Eugenics
- Europe (including Greece and Rome), Child Sacrifice in
- Evolutionary Studies of Childhood
- Family Meals
- Fandom (Fan Studies)
- Fathers
- Female Genital Cutting
- Feminist New Materialist Approaches to Childhood Studies
- Feral and "Wild" Children
- Fetuses and Embryos
- Filicide
- Films about Children
- Films for Children
- Folk Tales, Fairy Tales and
- Folklore
- Food
- Foundlings and Abandoned Children
- Freud, Anna
- Freud, Sigmund
- Friends and Peers: Psychological Perspectives
- Froebel, Friedrich
- Gangs
- Gay and Lesbian Parents
- Gender and Childhood
- Generations, The Concept of
- Geographies, Children's
- Gifted and Talented Children
- Globalization
- Growing Up in the Digital Era
- Hall, G. Stanley
- Happiness in Children
- Hindu Views of Childhood and Child Rearing
- Hispanic Childhoods (U.S.)
- Historical Approaches to Child Witches
- History of Childhood in America
- History of Childhood in Canada
- HIV/AIDS, Growing Up with
- Homeschooling
- Humor and Laughter
- Images of Childhood, Adulthood, and Old Age in Children’s ...
- Infancy and Ethnography
- Infant Mortality in a Global Context
- Innocence and Childhood
- Institutional Care
- Intercultural Learning and Teaching with Children
- Islamic Views of Childhood
- Japan, Childhood in
- Juvenile Detention in the US
- Key, Ellen
- Klein, Melanie
- Labor, Child
- Latin America
- Learning, Language
- Learning to Write
- Legends, Contemporary
- Literary Representations of Childhood
- Literature, Children's
- Love and Care in the Early Years
- Magazines for Teenagers
- Maltreatment, Child
- Maria Montessori
- Marxism and Childhood
- Masculinities/Boyhood
- Material Cultures of Western Childhoods
- Mead, Margaret
- Media, Children in the
- Media Culture, Children's
- Medieval and Anglo-Saxon Childhoods
- Menstruation
- Middle Childhood
- Middle East
- Migration
- Miscarriage
- Missionaries/Evangelism
- Moral Development
- Moral Panics
- Mothers
- Multi-culturalism and Education
- Music and Babies
- Nation and Childhood
- Native American and Aboriginal Canadian Childhood
- New Reproductive Technologies and Assisted Conception
- Nursery Rhymes
- Organizations, Nongovernmental
- Orphans
- Parental Gender Preferences, The Social Construction of
- Parenting
- Pediatrics, History of
- Peer Culture
- Perspectives on Boys' Circumcision
- Peter Pan
- Philosophy and Childhood
- Piaget, Jean
- Play
- Politics, Children and
- Postcolonial Childhoods
- Post-Modernism
- Poverty, Rights, and Well-being, Child
- Pre-Colombian Mesoamerica Childhoods
- Premodern China, Conceptions of Childhood in
- Prostitution and Pornography, Child
- Psychoanalysis
- Queer Theory and Childhood
- Race and Ethnicity
- Racism, Children and
- Radio, Children, and Young People
- Readers, Children as
- Refugee and Displaced Children
- Reimagining Early Childhood Education, Reconceptualizing a...
- Relational Ontologies
- Relational Pedagogies
- Rights, Children’s
- Risk and Resilience
- Russia
- School Shootings
- Sex Education in the United States
- Sexuality
- Siblings
- Social and Cultural Capital of Childhood
- Social Habitus in Childhood
- Social Movements, Children's
- Social Policy, Children and
- Socialization and Child Rearing
- Socio-cultural Perspectives on Children's Spirituality
- Sociology of Childhood
- South African Birth to Twenty Project
- South Asia
- South Asia, History of Childhood in
- Special Education
- Spiritual Development in Childhood and Adolescence
- Spock, Benjamin
- Sports and Organized Games
- Street Children
- Street Children And Brazil
- Subcultures
- Sure Start
- Teenage Fathers
- Teenage Pregnancy
- Television
- The Bible and Children
- The Harms and Prevention of Drugs and Alcohol on Children
- The Spaces of Childhood
- Theater for Children and Young People
- Theories, Pedagogic
- Tourism
- Toys
- Transgender Children
- Tweens
- Twins and Multiple Births
- Unaccompanied Migrant Children
- United Kingdom, History of Adoption and Fostering in the
- United States, Schooling in the
- Value of Children
- Views of Childhood, Jewish and Christian
- Violence, Children and
- Visual Representations of Childhood
- Voice, Participation, and Agency
- Vygotsky, Lev and His Cultural-historical Approach to Deve...
- War
- Welfare Law in the United States, Child
- Well-Being, Child
- Western Europe and Scandinavia
- Witchcraft in the Contemporary World, Children and
- Work and Apprenticeship, Children's
- Young Carers
- Young Children and Inclusion
- Young Children’s Imagination
- Young Lives
- Young People, Alcohol, and Urban Life
- Young People and Climate Activism
- Young People and Disadvantaged Environments in Affluent Co...
