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Disclosure Two Ways.

Erin B Bernstein1

  • 1Current Deputy City Attorney in the San Francisco City Attorney's Office and former Executive Director of the Office's Affirmative Litigation Task Force. She earned her J.D. in 2003 from Harvard Law School.

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|August 6, 2015
PubMed
Summary
This summary is machine-generated.

Pre-abortion disclosure laws share features with assisted reproduction disclosure mandates. Critiquing these laws requires distinguishing general disclosure from government moral preferences against procedures.

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Area of Science:

  • Reproductive Health Law
  • Informed Consent Doctrine
  • Bioethics

Background:

  • Since Planned Parenthood v. Casey, pre-abortion disclosure mandates have increased significantly.
  • These laws often go beyond standard informed consent requirements.
  • Similar disclosure mandates exist in assisted reproduction and other reproductive health contexts.

Purpose of the Study:

  • To compare pre-abortion disclosure mandates with disclosure laws in assisted reproduction.
  • To analyze the commonalities between different types of reproductive health disclosure requirements.
  • To inform critiques of pre-abortion disclosure laws by contextualizing them within broader disclosure frameworks.

Main Methods:

  • Comparative legal analysis of disclosure mandates in abortion and assisted reproduction.
  • Review of scholarly characterizations of pre-abortion disclosure laws.
  • Examination of government interests underpinning disclosure requirements.

Main Results:

  • Pre-abortion disclosure laws share structural and functional similarities with disclosure mandates in oocyte donation and other reproductive health procedures.
  • Despite being characterized as unique, these laws exhibit common features with other informed consent-related regulations.
  • The application of disclosure laws varies, with some serving informational purposes and others reflecting moral objections.

Conclusions:

  • Scholars and advocates should recognize the shared characteristics between pre-abortion disclosure laws and those in assisted reproduction.
  • Critiques of pre-abortion disclosure mandates should differentiate between general disclosure mechanisms and laws imposing moral judgments.
  • A nuanced understanding is crucial for evaluating the legitimacy and purpose of government-mandated disclosures in reproductive healthcare.