Caring for the Fetus to Protect the Born Child?

Abstract

This article analyzes the circumstances under which physicians have sought court orders to force pregnant women to comply with unwanted obstetrical interventions. It argues that pregnant women have moral obligations to care for their fetuses, not because the fetus has rights, but because the fetus becomes the born child, and children are vulnerable and in need of care. While the overwhelming majority of women are willing to make significant personal sacrifices in the interest of having a healthy baby, sometimes it is difficult for pregnant women to comply with treatment recommendations due to intervening variables beyond their control. Utilization of the court system to coerce unwanted treatment raises serious ethical and legal problems.