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Distinctions in Disclosure: Mandated Informed Consent in Abortion and ART
1Professor of Law at Whittier Law School and a Clinical Professor of Medicine at the University of California Irvine School of Medicine. She currently serves as Chair of the Ethics Committee of American Society for Reproductive Medicine and on the Society for Assisted Reproductive Technology's Committee on Informed Consent.
Abstract:
Enactment of mandated pre-procedure disclosures in abortion and assisted reproductive technology (ART) services has swelled in recent years. Calls to equally regard these mandates as neutral tools in furtherance of patient protection fail to acknowledge key substantive and structural differences in these reproduction-affecting mandates. While ART mandates permit physicians to use their medical judgment to protect presumptively vulnerable egg donors and gestational carriers, abortion disclosures impart scientifically suspect messaging aimed at dissuading women from pursuing pregnancy termination. These and other distinctions counsel in favor of regarding and analyzing abortion and ART mandated disclosures as separate and distinguishable informed consent tools.
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