After reading the material on prenatal development and birth, The implications of the developing fetus's emerging identity as a person pose many legal, medical, and ethical questions. For example, the medical community's ever-increasing technology and understanding of prenatal hazards raises important questions regarding the balance between the mother's rights as an individual and those of the developing fetus she is carrying.

 

Increasingly, doctors are able to treat the fetus itself as a patient with distinct medical needs. As technology advances, should women be expected, and even legally required, to submit to medical intervention—including surgery—that might save a fetus but risk their own lives?

Similarly, what about mothers-to-be who knowingly endanger their unborn offspring by continuing to use addictive drugs, or by engaging in other potentially harmful behaviors?

 

For this discussion develop arguments for and against "prenatal protective custody laws" and identify the values that might underlie each of these positions - use the course text to cite your both types of arguments.

Arguments:

Pro-Protective Custody Laws Position Assume that you are an attorney arguing a hypothetical test case involving an ailing fetus, for whom surgery within the uterus can be performed. Although there is a 50/50 chance that the surgery will save the fetus, it may also endanger the mother's life. What arguments could you use to support your position that the surgery should be performed?

 

Anti-Protective Custody Laws Position Now assume that you are an attorney arguing against the increasing medicalization of prenatal treatment and birthing. What key points would you propose in arguing that the surgery should not be performed?