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Legislating to preserve women's autonomy during pregnancy
1Legislative Drafting Research Fund, Columbia University School of Law, New York, United States.
Medicine and Law
|January 1, 1995
Summary
New genetic testing during pregnancy impacts women's autonomy. This article explores the implications of prenatal diagnosis and genetic therapies, advocating for legislative protection of pregnant women's rights in medical decision-making.
Area of Science:
- Bioethics
- Reproductive Health
- Medical Law
Background:
- Women are frequently excluded from medical decision-making during pregnancy.
- New genetic technologies like prenatal diagnosis, fetal surgery, and gene therapy significantly impact pregnant women and their unborn children.
Purpose of the Study:
- To examine the implications of new genetic testing technologies on pregnant women's autonomy.
- To articulate a feminist perspective on genetic testing in pregnancy.
- To advocate for legislative protection of women's rights in prenatal care.
Main Methods:
- This article raises issues through a critical review of existing literature and legal precedents.
- It employs a feminist ethical framework to analyze the impact on patient autonomy.
Main Results:
- Genetic testing in pregnancy presents complex ethical challenges regarding informed consent and patient autonomy.
- Existing legal precedents offer limited protection for women's autonomy in prenatal decision-making.
Conclusions:
- Strong legislation is imperative to ensure pregnant women receive adequate information about genetic testing and treatment options.
- Protecting the right to refuse treatment and ensuring confidentiality are crucial for safeguarding autonomous decision-making during pregnancy.