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Abortion, autonomy and prenatal diagnosis.

E Jackson1

  • 1London School of Economics, UK

Social & Legal Studies
|April 7, 2006
PubMed
Summary

Patient autonomy is central to British medical law, but its application to abortion law is complex. This article examines potential conflicts between patient self-determination and the Abortion Act

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Area of Science:

  • Medical Law
  • Bioethics
  • Reproductive Rights

Background:

  • Patient self-determination is increasingly prioritized in British medical law.
  • The Abortion Act requires medical practitioners to approve a woman's reasons for termination.
  • Prenatal testing advancements raise questions about abortion grounds.

Purpose of the Study:

  • To explore the compatibility of patient autonomy with current abortion law.
  • To investigate the tension between autonomous decision-making and the Abortion Act's requirements.
  • To analyze the moral legitimacy of reasons for abortion, particularly post-prenatal diagnosis.

Main Methods:

  • Legal analysis of patient self-determination principles.
  • Examination of the Abortion Act's provisions and their interpretation.
  • Case study analysis focusing on abortion following prenatal diagnosis.

Main Results:

  • A potential conflict exists between strong patient autonomy and the Abortion Act's gatekeeping function.
  • The moral scrutiny of reasons for abortion is intensifying, especially with prenatal diagnostic capabilities.
  • The law may present an anomaly in protecting autonomous medical choices while restricting abortion grounds.

Conclusions:

  • The robust protection of patient autonomy in medical treatment may be in tension with restrictions on abortion.
  • Further debate is needed on reconciling individual liberty with the regulation of abortion access.
  • The legal and ethical landscape of abortion, particularly concerning prenatal diagnosis, requires careful consideration.
Keywords:
Abortion Act 1967 (Great Britain)Analytical ApproachGenetics and ReproductionLegal Approach

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