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Whitner v. South Carolina (1997)
In the case Whitner v. South Carolina in 1997, the South Carolina State Supreme Court defined the concept of a child to include viable fetuses. This allowed grounds for prosecution of a pregnant womanÕs prenatal activity if those activities endangered or could potentially endanger the fetus within her. The case brought the issue of fetal rights versus pregnant womenÕs rights to light.
Format: Articles
Subject: Legal, Reproduction
“Abstinence Education: Assessing the Accuracy and Effectiveness of Federally Funded Programs” (2008), by Government Accountability Office
On 23 April 2008, the US Government Accountability Office, or GAO, released a report titled, “Abstinence Education: Assessing the Accuracy and Effectiveness of Federally Funded Programs,” hereafter “Abstinence Education,” in which it investigated the scientific accuracy and effectiveness of abstinence-only education programs sanctioned by individual states and the US Department of Health and Human Services, or HHS. GAO is a government agency whose role is to examine the use of public funds, evaluate federal programs and activities, and provide nonpartisan support to the US Congress.
Format: Articles
Subject: Legal, Reproduction, Publications
US Regulatory Response to Thalidomide (1950-2000)
Thalidomide, a drug capable of causing fetal abnormalities (teratogen), has caused greater than ten thousand birth defects worldwide since its introduction to the market as a pharmaceutical agent. Prior to discovering thalidomide's teratogenic effects in the early 1960s, the US Food and Drug Administration (FDA) did not place regulations on drug approval or monitoring as it later did. By 1962, approximately 20,000 patients in the US had taken thalidomide as part of an unregulated clinical trial before any actions were taken to stop thalidomide's distribution.
Format: Articles
Subject: Legal, Reproduction
Commonwealth v. Luceba Parker [Brief] (1845)
The Court settled the question left open from the case of Commonwealth v. Bangs that it must be proved a woman was "quick with child" in order for abortion prohibitions to have any effect in Massachusetts.
Format: Articles
Subject: Legal, Reproduction
Social Implications of Non-Invasive Blood Tests to Determine the Sex of Fetuses
By 2011, researchers in the US had established that non-invasive blood tests can accurately determine the gender of a human fetus as early as seven weeks after fertilization. Experts predicted that this ability may encourage the use of prenatal sex screening tests by women interested to know the gender of their fetuses. As more people begin to use non-invasive blood tests that accurately determine the sex of the fetus at 7 weeks, many ethical questions pertaining to regulation, the consequences of gender-imbalanced societies, and altered meanings of the parent-child relationship.
Format: Articles
Subject: Reproduction, Ethics, Legal
Woman’s Right to Know Act in North Carolina (2011)
The North Carolina state legislature passed The Woman’s Right to Know Act in 2011, which places several restrictions on abortion care in the state. The Woman’s Right to Know Act, or the Act, imposes informed consent requirements that physicians must fulfill before performing an abortion as well as a twenty-four hour waiting period between counseling and the procedure for people seeking abortion, with exceptions for cases of medical emergency.
Format: Articles
Subject: Legal, Reproduction
York v. Jones [Brief] (1989)
The court treated frozen embryos possessed by an in vitro fertilization clinic as property owned by the parents and held under a bailment contract by the clinic. As such, the contract between the parties controlled disposition of the embryos but when the contract ended, control of the embryos reverted back to the parents. This decision had little effect on subsequent embryo cases because the circumstances were so unusual. Neither party contended the embryos had any rights.
Format: Articles
Subject: Legal, Reproduction
Assisted Human Reproduction Act (2004)
The Assisted Human Reproduction Act (AHR Act) is a piece of federal legislation passed by the Parliament of Canada. The Act came into force on 29 March 2004. Many sections of the Act were struck down following a 2010 Supreme Court of Canada ruling on its constitutionality. The AHR Act sets a legislative and regulatory framework for the use of reproductive technologies such as in vitro fertilization and related services including surrogacy and gamete donation. The Act also regulates research in Canada involving in vitro embryos.
Format: Articles
Subject: Legal, Reproduction, Ethics
Bonbrest v. Kotz [Brief] (1946)
This influential opinion was copied throughout the United States allowing civil actions and wrongful death claims on behalf of children who suffered injuries while a viable fetus. The case essentially overruled the opinion by Justice Oliver Wendell Holmes, Jr. in Dietrich v. Inhabitants of Northampton (1884). However, the ability to sue was usually limited in two ways: the fetus had to be viable, and a child had to be born alive to have a claim. These two restrictions have recently been removed in many jurisdictions.
Format: Articles
Subject: Legal, Reproduction
Women’s Right to Know Act (2019) by Americans United for Life
In 2019, Americans United for Life, hereafter AUL, published a model legislation, called the Women’s Right to Know Act, in their annual publication Defending Life. The goal of the model legislation, which AUL annually updates, is to help state governments enact enhanced informed consent laws for abortion. The Women’s Right to Know Act requires physicians to provide specific information to women before they may consent to having an abortion.
Format: Articles
Subject: Legal, Publications, Reproduction
Adolescent Family Life Act (1981)
The 1981 Adolescent Family Life Act, or AFLA, is a US federal law that provides federal funding to public and nonprofit private organizations to counsel adolescents to abstain from sex until marriage. AFLA was included under the Omnibus Reconciliation Act of 1981, which the US Congress signed into law that same year. Through the AFLA, the US Department of Health and Human Services, or HHS, funded a variety of sex education programs for adolescents to address the social and economic ramifications associated with pregnancy and childbirth among unmarried adolescents.
Format: Articles
Subject: Legal, Outreach, Ethics, Reproduction
NuvaRing
The NuvaRing is a self-administered hormonal contraceptive device in the form of a flexible plastic ring that is inserted into the vagina. It releases the hormones etonogestrel and ethinylestradiol, which are synthetic forms of the female reproductive hormones progesterone and estrogen, respectively. The pharmaceutical company Organon first made NuvaRing in the Netherlands in 1980s. The Netherlands first approved it for use in February of 2001, and the United States did the same in October of that year.
Format: Articles
Subject: Technologies, Reproduction, Legal
Title X Family Planning Program (1970–1977)
The Family Planning Services and Public Research Act of 1970, often called Title X Family Planning Program, is a US federal law that provides federal funding for family planning services to low income or uninsured families. The US federal government passed the law, Public Law 91-572, in 1970 as an amendment to the Public Health Services Act of 1944. The Act created the Office of Population Affairs (OPA) under the Secretary of Health, Education, and Welfare (here called the Secretary).
Format: Articles
Subject: Reproduction, Legal
Barry Morris Goldwater (1909–1998)
Barry Morris Goldwater was a Republican Arizona Senator and US presidential candidate in the twentieth-century whose policies supported the women's reproductive rights movement. Goldwater, a businessman and Air Force reservist, transitioned into politics in the 1950s. He helped align popular support for a conservative Republican Party in the 1960s. Throughout his life, he worked to maintain personal liberty and to limit governmental intrusion into citizens' private lives. Goldwater, influenced by his wife Margaret (Peggy) Goldwater, supported women's rights to abortions.
Format: Articles
Subject: People, Reproduction, Legal, Religion
Human Fertilisation and Embryology Act (1990)
The Human Fertilisation and Embryology Act 1990 established the legal framework that governs infertility treatment, medical services ancillary to infertility treatment such as embryo storage, and all human embryological research performed in the UK. The law also defines a legal concept of the parent of a child conceived with assisted reproductive technologies.
Format: Articles
Subject: Legal, Reproduction, Ethics
Davis v. Davis [Brief] (1992)
This case was the first of its kind to address questions of personhood in the context of in vitro fertilization of a human embryo. It laid a foundation for future cases to work from: specifically, this case established the importance of prior written agreements for disposition of frozen embryos. This was also the first court decision to borrow the word "pre-embryo" from bioethics to describe the in vitro embryo. This terminology has been copied by many states.
Format: Articles
Subject: Legal, Reproduction
The Baby Doe Rules (1984)
The Baby Doe Rules represent the first attempt by the US government to directly intervene in treatment options for neonates born with congenital defects. The name of the rule comes from the controversial 1982 case of a Bloomington, Indiana infant Baby Doe, a name coined by the media. The Baby Doe Rules mandate that, as a requirement for federal funding, hospitals and physicians must provide maximal care to any impaired infant, unless select exceptions are met. If a physician or parent chooses to withhold full treatment when the exceptions are not met, they are liable for medical neglect.
Format: Articles
Subject: Legal, Reproduction
China's One-Child Policy
In September 1979, China's Fifth National People's Congress passed a policy that encouraged one-child families. Following this decision from the Chinese Communist Party (CCP), campaigns were initiated to implement the One-Child Policy nationwide. This initiative constituted the most massive governmental attempt to control human fertility and reproduction in human history. These campaigns prioritized reproductive technologies for contraception, abortion, and sterilization in gynecological and obstetric medicine, while downplaying technologies related to fertility treatment.
Format: Articles
Subject: Ethics, Legal, Reproduction
"Limitations in Abortion Legislation: A Comparative Study" (2007), by Orli Lotan
Written by Orli Lotan on behalf of the Knesset (Israeli Parliament) Center for Research and Information, "Limitations in Abortion Legislation: A Comparative Study" (hereafter abbreviated "Legislation") examines abortion legislation in Israel, the US, Canada, and a number of European countries. The study also acknowledges the medical, moral, ethical, and religious implications of abortion and the impact of such legislation on society in each country.
Format: Articles
Subject: Publications, Legal, Reproduction
Whole Woman's Health v. Hellerstedt (2016)
In the 2016 case Whole Woman's Health v. Hellerstedt, the US Supreme Court ruled unconstitutional the Texas requirements that abortion providers have admitting privileges at local hospitals and that abortion facilities meet ambulatory surgical center standards. Whole Woman’s Health represented abortion care providers in Texas and brought the case against the commissioner for the Texas Department of State Health Services, John Hellerstedt.
Format: Articles
Subject: Legal, Reproduction
Nightlight Christian Adoptions, et al. v. Thompson, et al. (2001)
Nightlight Christian Adoptions et al. v. Thompson et al. was a lawsuit filed in the United States District Court for the District of Columbia on 8 March 2001. The suit was filed because Nightlight Christian Adoptions, a frozen embryo adoption agency, felt that the Guidelines for Research Using Human Pluripotent Stem Cells published by the National Institutes for Health were unlawful and violated the restrictions on human embryo research put into place by the Dickey-Wicker Amendment. Additional plaintiffs with this suit were the Christian Medical Association, adult stem cell researcher Dr.
Format: Articles
Subject: Legal, Reproduction
Roe v. Wade (1973)
In the 1973 case of Roe v. Wade, the US Supreme Court ruled that laws banning abortion violated the US Constitution. The Texas abortion laws, articles 1191–1194, and 1196 of the Texas penal code, made abortion illegal and criminalized those who performed or facilitated the procedure. Prior to Roe v. Wade, most states heavily regulated or banned abortions. The US Supreme Court decision in Roe v. Wade secured women's rights to terminate pregnancies for any reasons within the first trimester of pregnancy.
Format: Articles
Subject: Legal, Reproduction
Planned Parenthood v. Casey (1992)
Almost ten years after the landmark decision in Roe v. Wade (1973) the battle over abortion was still being waged. The reproductive rights of women in the United States were being challenged yet again by the Pennsylvania Abortion Control Act of 1982. The act was comprised of four provisions that restricted the fundamental right a woman had to obtaining an abortion, as established in Roe v. Wade. The four provisions included spousal notification, information disclosure, a twenty-four hour waiting period, and parental consent for minors.
Format: Articles
Subject: Legal, Reproduction
Sterilization Act of 1924
The passage of the Virginia Sterilization Act of 1924 demonstrates how science has been used to drive policy throughout history. In the case of the Virginia sterilization law, the science used to draft the law was based on the principles of eugenics. With the help of Harry Laughlin's Model Sterilization Law, the state of Virginia was able to pass its own law allowing sterilization of the feebleminded, expressing sterilization as a health issue that needed to be protected from the public.
Format: Articles
Subject: Legal, Reproduction
Jeter v. Mayo Clinic Arizona [Brief] (2005)
In Arizona, statutes that protect persons, such as the wrongful death statute, will not be interpreted by the courts to grant personhood status to frozen embryos. The legislature may grant such protection in the statute if it chooses to do so by explicitly defining the word person to include frozen embryos.
Format: Articles
Subject: Legal, Reproduction