From the dead to the unborn: is there an ethical duty to save life?

Daniel Sperling1

  • 1Faculty of Law and the Joint Centre for Bioethics, University of Toronto, Canada.

Medicine and Law
|November 10, 2004
PubMed

In this paper I examine the question whether physicians have a legal and ethical duty to sustain pregnancies of women who die during the first or second trimester by the delivery of their fetuses. One ground for such a duty, on which I am focusing, is the duty of "special relationship" between the mother and the fetus. In my paper, I claim that the special relations the pregnant woman and the fetus have do provide such a moral duty. This moral duty derives from the special and intimate relationship between the mother and the fetus, which has two considerations that support it: the uniqueness of the fetus, and the mother's understanding and acknowledgement of such uniqueness. However, I argue that when the mother is dead, the nature of the relationship changes, as she is no more aware of her fetus and her relationship with it. Thus, the ethical duty of the mother to save her fetus' life should be declined upon the end of the relationship between the mother and her fetus with the mother's death. I support my argument by analyzing the special relationship between the mother and the fetus from four related ethical theories: ethics of relationships, responsibilities to society, ethics of families, and the ethics of care. By discussing these ethical theories, I show how responsibility to society in general, and to social entities, like families, in particular, constitute a moral duty towards the fetus, which, as aforesaid, no longer exists upon the pregnant woman's death. In addition to being social entities I further show how the intrinsic values of families play an important role in forming such a moral duty. Nevertheless, I argue that such an instrumental duty that enables the establishment of families no more exists as the pregnant woman is no more socially and morally part of the family she belonged to while alive. I strengthen my argument by applying ethics of care, and by analyzing the practical conclusion I arrived at from a religious perspective.

Related Concept Videos

CRISPR01:59

CRISPR

Genome editing technologies allow scientists to modify an organism’s DNA via the addition, removal, or rearrangement of genetic material at specific genomic locations. These types of techniques could potentially be used to cure genetic disorders such as hemophilia and sickle cell anemia. One popular and widely used DNA-editing research tool that could lead to safe and effective cures for genetic disorders is the CRISPR-Cas9 system. CRISPR-Cas9 stands for Clustered Regularly Interspaced Short...
Parental Care00:55

Parental Care

Many animals exhibit parental care behavior, including feeding, grooming, and protecting young offspring. Parental care is universal in mammals and birds, which often have young that are born relatively helpless. Several species of insects and fish, as well as some amphibians, also care for their young.
Energy Budgets and Reproductive Strategies00:51

Energy Budgets and Reproductive Strategies

Organisms must balance energy intake with the energy required for growth, maintenance, and reproduction. These trade-offs result in a variety of survivorship and reproductive strategies, including semelparity and iteroparity. Semelparous species reproduce only once in their lifetime, often investing most available resources into that single reproductive event. Iteroparous species, by contrast, reproduce multiple times over their lifetimes, typically allocating fewer resources to any single...
Zygotic Development And Stem Cell Formation01:10

Zygotic Development And Stem Cell Formation

The development of all multicellular organisms starts with the fusion of haploid cells called sperm and egg to form a diploid zygote. A zygote is a totipotent cell that can develop into a complete organism. The zygote undergoes cell division or cleavage to form an 8-cell mass. Until this stage, the cells are spherical, loosely attached, and remain totipotent. Totipotent cells are capable of developing both the embryonic and the extraembryonic tissues. However, as they continue to divide, they...
Embryonic Stem Cells00:57

Embryonic Stem Cells

Embryonic stem (ES) cells were first discovered in mice in 1981 by Martin Evans. In 1998, James Thomson identified a method to isolate embryonic stem cells from humans. Human embryonic stem cells (hESCs) are obtained from 3-5 day old embryos that remain unused after an in vitro fertilization procedure.
ES cells are grown in a culture medium where they can divide indefinitely, creating ES cell lines. Under certain conditions, ES cells can differentiate, either spontaneously into a variety of...
Kidney Transplant I: Introduction01:28

Kidney Transplant I: Introduction

A kidney transplant is a surgical approach that involves replacing a non-functioning kidney with a healthy one from a donor. This procedure is often a treatment option for end-stage renal disease (ESRD) patients. The method requires careful recipient selection, including evaluating various medical and psychosocial factors. These criteria vary between transplant centers but generally include assessments of the patient's overall health, adherence to medical recommendations, and lifestyle...