Outline
Abortion is a controversial issue that touches the core of many emotional, religious and social beliefs. This essay focuses on the ethics of abortion viewed from the religious, social, medical, and legal standpoints. The essay first examines the philosophical and religious concept of life and how the decision to abort affects the right to life of the fetus as also the existential dilemma that may arise when a doctor has to choose between saving the life of the mother or the child.
The existing legal position on abortion in the US is then examined. The judicial position of the mother’s right to abort on account of the right to privacy guaranteed by the constitution is examined. The legal tenets of allowing abortion of the fetus before it becomes ‘viable’ are scrutinized, and the essay concludes that varied interpretation of viability makes the right to abort susceptible to misuse. Misuse such as selective abortion or female infanticide as practiced by Asian communities or inducements by unscrupulous medical professionals who require fetuses for their research is possible.
The medical ethics of abortion are examined in some detail with a discussion of various hypothetical cases. The essay then examines the social aspects of abortions and how it is damaging the very fabric of American society. The religio-medical paradox of medicines derived out of aborted fetuses is also examined. The essay concludes by arguing that while individual liberties are paramount, a blanket right to abort is not the correct way forward, and society, the medical profession, and the State must find a via medium to regulate this right to abort so that misuse is prevented and the society gains as a whole.
The Ethics of Abortion
One of the most controversial topics that have formed part of the intense debate has been the issue of abortion. Like every human endeavor, the right to abort or not raises a number of ethical issues. These ethical issues cover not only the fundamental questions of individual rights but also the ethical standards of the community, medical professionals, governments, and the society at large. Abortion is not just a physical act or ‘removal’ of an unwanted material but also an issue that touches the core of many emotional, religious and social beliefs. This essay, therefore, focuses on the ethics of abortion viewed from the religious, social, medical, and legal standpoints.
The Existential Dilemma
Many religious theologies, including Christianity, have held that ‘life’ begins at conception. There is an English phrase “with Child,” which implies that the unborn is a child (Orenduff, p. 192). A one-day-old fetus thus is biologically human, and therefore terminating this life force is tantamount to murder that militates against the naturally ordained laws of nature and the scheme of things as ordained by God. Throughout the animal kingdom, the sexual urge has evolved to procreate, to further the numbers of the species. All other animals have a clearly defined breeding season where the sexual urge is the strongest and the conditions ripe for procreation. Humans are the only species with no specified breeding season that have been given the luxury of defining their sexual urges as forms of pleasure. This act of providence, however, does not protract from the basic need or reason for the sexual urge – to procreate. Hence, to rationalize that the product of consummation of that sexual urge – the child is an unwanted byproduct of the need to derive pleasure is unethical from any standpoint. Such an argument shows a predisposition towards selfishness and demeans the very processes ordained by nature and God. Abortion can be argued as the murder of the innocent as the fetus has no means to defend itself. The counterargument is that a fetus is not a person. Since a fetus is not a person, it does not have the right to life, and hence the mother has the right to terminate it as deemed fit with no moral implications. However, there may be situations where an existential dilemma occurs. For example, termination of a pregnancy may be required due to medical complication that threatens the life of the mother. The ethical dilemma that then confronts the doctor is whether to save the life of the mother or the child? More often than not, doctors have chosen to save the mother. The rationale for taking such an action is that the mother can always procreate at a later date, and thus the fundamental need for procreation and sustenance of the species is maintained.
Abortion – The Legal Aspects
The Constitution of America gives sweeping rights to its citizens, as any democratic country must do. When it comes to medical ethics, the principle of patient autonomy is paramount. Fischer and Caterina (2006) state that “the concept of autonomy is fundamental to the entirety of the U.S. legal system and has complete acceptance as an operating principle of day to day decision making” (p. 1). Baird and Rosenbaum (1993) clarify that “during the period prior to the time the fetus becomes viable, the Constitution of the United States values the convenience, whim, or caprice of the putative mother more than the life or potential life of the fetus” (p. 41). An adult woman has unrestricted access to abortion through the end of the first trimester. States may place regulations on free access to a second-trimester abortion. Third-trimester abortions are not freely available because the fetus is potentially’ viable (Fischer & Caterina, p. 41). The law also holds that the father has no legal right to intervene or decide for the mother. In the groundbreaking Roe vs. Wade 1973, the US Supreme court held that “there is an implied right of privacy in the Constitution and on that basis established the right of women to have an abortion” (Eckman, 2004, p. 26). Recent advances in medical care have made infant viability possible as early as twenty weeks (Patterson, May/Jun 2002, p. 7). Therefore ‘viability’ becomes a contentious issue and the unfettered right to abort opens up a number of avenues for misuse.
Misuse of the Right to Abort
Some couples or mothers may prefer a certain gender and, on finding out that the fetus is not of the gender of their liking, may choose to abort. In certain cultures, especially South Asian culture, begetting a male progeny is considered a boon and a female a curse. Despite being illegal, female infanticide is a known and common practice across much of the Indian subcontinent. A large South Asian population resides in the US, who, despite their assimilation into the American ‘melting pot’, maintain their traditions and customs close to heart. Familial pressures and socio-economic pressures can lead such communities to resort to female infanticide under the garb of the right to abort.
Abortion and Medical Ethics
While the constitution and the law clearly laid down the provisions and circumstances under which medical specialists can carry out an abortion, there are certainly gray areas that raise serious ethical questions. Should the medical specialist, during routine checkups on detecting possible physical or physiological deformities of the fetus, tell the mother who may opt to abort the child? Is the doctor now an accessory to murder? Does a fetus detected for possible Down’s syndrome have the right to live or not? The flip side of the argument is that such a child would suffer infinitely more if brought to term, and thus ‘finishing’ off before it develops cognition may be the best way forward. The question arises, who is qualified to decide whether such ‘Children of a Lesser God’ deserve to live or die. Another special circumstance that may be faced by the medical profession is in a rape case. Should the product of the rape incident be aborted? Is it sufficiently clear that the rape victim taking the decision to abort the fetus is not acting under emotional duress, which she may later regret having decided to abort her child? A minor who gets pregnant poses a difficult ethical dilemma. The parent of the minor may wish to terminate the fetus; the minor concerned may not. “The rules on parental notification for abortion are less clear because there is no national standard. Some states require parental notification, and some don’t” (Fischer & Caterina, p. 6). So now the ethical and indeed legal dilemma that is faced is whether the minor qualifies for constitutional rights of a woman to abort or is she too young and immature to take a considered decision? In such cases, neither law nor medical rationalism can be of real help. Some countries allow aborted fetuses to be used for medical research. Indeed, many recent advances in genetic engineering have been made possible because of stem cell research. Not only does stem cell research raises ethical questions, but it can also lead to blatant misuse. For example, unscrupulous researchers may offer monetary inducements to expecting mothers to abort a healthy fetus for their research. Thus the right to abortion makes criminal intent and criminalization more possible.
Abortion – The Social Aspects
Man is a social animal, and the well-being of a society is determined by the existence of certain norms that ensure the stability of that society. The normal tone and tenor of American social life revolving around the family, the community, and the town is coming under increasing strains of modernism. Rank individualism has displaced the more collective basis of community living. The breakdown of the traditional large family to nuclear families to single parents is tearing at the very fabric of American life. Under such circumstances, handing over a carte blanche to women to abort at will does not augur well for society. It simply reinforces the idea of zero social responsibility and the notion that abortion offers an easy way out to inadvertent consequences of free sex. In other words, people can afford to be licentious and get away with murder under the law. Even if one is not to take such a moralistic view of consensual sex between two individuals, married or not, the very fact that consequences of sex and pleasure have a legal escape route cheapens the act of sexual union and demeans the concept of life. Such avenues encourage permissiveness in society and indeed do not help maintain the stability of society.
Aborted Fetus – Religio-Medical Paradox
A practicing Catholic would flatly refuse to allow abortions to take place or be associated with the proceeds of such an act. However, medical science has developed a number of vaccines that use WI-38 cells extracted from aborted human fetuses. For example, “Meruvax, a widely used vaccine for rubella (German measles) sold by Merck & Co., Inc., uses the WI-38 cell line” (Furton, 1999, p. 3). So does the doctor not vaccinate a Catholic child with the rubella vaccine, a mandatory vaccination during childhood? Would the parents of the child prohibit their child from being vaccinated with such a product and thereby risk the life of their offspring? In such a case, should the doctor even inform the parents about the origin of the vaccine, knowing that there could be a chance that the parents might refuse and thereby infringe on another human’s right to health care? Stem cells extracted from aborted fetuses have been known to save lives in experimental procedures carried out in terminal cases of various neurological diseases. Should these then be banned?
The Ethics of Abortion – The Way Ahead
The above-mentioned possibilities exist because of the license granted by law. Such a blanket guarantee must therefore be amended to prevent its misuse. The laws regarding the right to abortion must be changed substantially. In the past, constitutional amendments have been introduced to correct many aspects of American life. There is an urgent requirement to amend laws regarding the right to abort. The decision to abort could then be limited in scope to life-threatening circumstances for the mother and no other exception. Life, whether procreated due to accident or under duress, still remains life and thus must be afforded protection under the full scope and provisions of the law. That such legislation will not come easy is evident. The government, the people, clergy, and all stakeholders who believe in the concept of life need to formulate a comprehensive education and awareness plan to endure success in reversing the existing policies and legislation on abortion while preserving individual liberty.
Works Cited
Baird, R. M., & Rosenbaum, S. E. (1993). The Ethics of Abortion: Pro-Life vs. Pro-Choice. NY: Prometheus Books.
Eckman, J. P. (2004). Biblical Ethics: Choosing Right in a World Gone Wrong. Wheaton: Crossway Books.
Fischer, C., & Caterina, O. (2006). USMLE’”‘ Medical Ethics:The IOO Cases You are Most Likely to See on the Exam. NY: Kaplan Publishing.
Furton, E. J. (1999). Vaccines Originating in Abortion.
Orenduff, J. M. (n.d.). Abortion: A Case Study Distinguishing Ethics, Politics and Law. Web.
Patterson, M. R. (2002). Addressed by The Word:Theology, Ethics and Abortion. Theology Matters Vol 8 No 3 , 1-7.