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Dissertation: A Fetus By Any Other Name: How Words Shaped the Fetal Personhood Movement in US Courts and Society (1884-1973)

The 1973 Supreme Court case Roe v. Wade was a significant event in the story of fetal personhood—the story of whether embryos and fetuses are legal persons. Roe legalized abortion care in the United States (US). However, the story of fetal personhood began long before the 1970s. People have been talking about embryos, fetuses, and their status in science, the law, and society for centuries.

Format: Essays and Theses

Subject: Reproduction, Ethics, Legal

“Sierra Leone’s Former Child Soldiers: A Longitudinal Study of Risk, Protective Factors, and Mental Health” (2010), by Theresa S. Betancourt, Robert T. Brennan, Julia Rubin-Smith, Garrett M. Fitzmaurice, and Stephen E. Gilman

In 2010, Theresa S. Betancourt, Robert T. Brennan, Julia Rubin-Smith, Garrett M. Fitzmaurice, and Stephen E. Gliman, published “Sierra Leone’s Former Child Soldiers: A Longitudinal Study of Risk, Protective Factors, and Mental Health” in Journal of the American Academy of Child and Adolescent Psychiatry. The paper describes the results of a longitudinal study of former Sierra Leone child soldiers that examines how protective and risk factors affect children’s post-conflict mental health outcomes over several years of development.

Format: Articles

Subject: Publications

Plowman v. Fort Madison Community Hospital (2017)

In June 2017, the Iowa Supreme Court decided the case Plowman v. Fort Madison Community Hospital, or Plowman v. FMCH, and ruled that women who gave birth to children with severe disabilities could sue for wrongful birth in Iowa. Specifically, after Plowman v. FMCH, a woman could sue for wrongful birth if she believed that her physicians failed to disclose evidence of fetal abnormalities that may have prompted her to terminate the pregnancy.

Format: Articles

Subject: Legal

“Adherence to Combination Prophylaxis for Prevention of Mother-to-Child-Transmission of HIV in Tanzania” (2011), by Inga Kristen, Julius Sewangi, Andrea Kunz, Festo Dugange, Judith Ziske, Brigitte Jordan-Harder, Gundel Harms, and Stefanie Theuring

In 2011, Inga Kristen, Julius Sewangi, Andrea Kunz, Festo Dugange, Judith Ziske, Brigitte Jordan-Harder, Gundel Harms, and Stefanie Theuring published the article, “Adherence to Combination Prophylaxis for Prevention of Mother-to-Child-Transmission of HIV in Tanzania,” in PLoS ONE. Hereafter, “Adherence to Combination Prophylaxis,” the article details the authors’ investigation into the efficacy of a medication regimen called combination prophylaxis to prevent mother-to-child, or MTC, transmission of Human Immunodeficiency Virus, or HIV, before, during, and after delivery.

Format: Articles

Subject: Publications

The National Society of Genetic Counselors (NSGC)

Audrey Heimler and colleagues founded the National Society of Genetic Counselors (NSGC) in 1979 in New Hyde Park in New York, New York. Her stated goals were to establish the field of genetic counseling within biomedicine and to coordinate counselors’ voices, so that physicians and others in the medical industry would not dictate the future of the field. Genetic counselors inform patients about the potential for inherited diseases passed on through family lineages and help to navigate the options available.

Format: Articles

Subject: Organizations

“The Impact of Emotional and Physical Violence During Pregnancy on Maternal and Child Health at One Year Post-partum” (2011), by Sarah McMahon, Chien-Chung Huang, Paul Boxer, Judy L. Postmus

In 2011, Sarah McMahon and colleagues published “The Impact of Emotional and Physical Violence During Pregnancy on Maternal and Child Health at One Year Post-partum,” hereafter, “The Impact,” in the journal, Child and Youth Services Review. While existing studies had indicated negative chronic effects resulting from intimate partner violence, or IPV, such as miscarriage and premature labor, there was little research specifically analyzing the separate and joint effects of psychological and physical abuse on pregnant women and fetuses.

Format: Articles

Subject: Publications

“Knowledge, Attitudes, and Practices of Health Personnel of Maternities in the Prevention of Mother-to-Child Transmission of HIV...” (2018), by Elie Nkwabong, Romuald Meboulou Nguel, Nelly Kamgaing, and Anne Sylvie Keddi Jippe

In 2018, researchers Elie Nkwabong, Romuald Meboulou Nguel, Nelly Kamgaing, and Anne Sylvie Keddi Jippe published, “Knowledge, Attitudes, and Practices of Health Personnel of Maternities in the Prevention of Mother-To-Child Transmission of HIV in a sub-Saharan African Region with High Transmission Rate: Some Solutions Proposed,” in BMC Pregnancy and Childbirth.

Format: Articles

Subject: Publications, Reproduction, Disorders

Sheppard-Towner Maternity and Infancy Protection Act (1921)

In November 1921, US Congress passed the National Maternity and Infancy Protection Act, also called the Sheppard-Towner Act. The Act provided federal funds to states to establish programs to educate people about prenatal health and infant welfare. Advocates argued that it would curb the high infant mortality rate in the US.

Format: Articles

Subject: Legal, Outreach

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

Vegas Baby (2016)

In 2016, Runaway Films released the documentary Vegas Baby. The film, directed by Amanda Micheli, follows three women who struggle with infertility problems as they undergo in vitro fertilization, or IVF treatment, to become pregnant. In IVF treatment, a woman’s egg is fertilized by a sperm outside of the woman’s body. Once the sperm fertilizes the egg, a fertility doctor places the fertilized egg back into the woman’s uterus. The three women in the film enter the I Believe contest hosted by the Sher Institute of Reproductive Medicine in Las Vegas, Nevada.

Format: Articles

Subject: Outreach

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

“Child Development in the Context of Disaster, War, and Terrorism: Pathways of Risk and Resilience” (2012), by Ann S. Masten and Angela J. Narayan

In 2012 Ann S. Masten and Angela J. Narayan published the article “Child Development in the Context of Disaster, War, and Terrorism: Pathways of Risk and Resilience” in Annual Reviews in Psychology. The authors conducted their study at the Institute of Child Development at the University of Minnesota in Minneapolis, Minnesota. In the article, Masten and Narayan review a number of articles to examine and compile the research made since the twenty-first century on the psychological impact of mass trauma, such as war, terrorism, and disasters, on children.

Format: Articles

Subject: Publications

“Annual Research Review: Prenatal Stress and the Origins of Psychopathology: An Evolutionary Perspective” (2011), by Vivette Glover

In 2011, fetal researcher Vivette Glover published “Annual Research Review: Prenatal Stress and the Origins of Psychopathology: An Evolutionary Perspective,” hereafter, “Prenatal Stress and the Origins of Psychopathology,” in the Journal of Child Psychology and Psychiatry. In that article, Glover explained how an evolutionary perspective may be useful in understanding the effects of fetal programming. Fetal programming is a hypothesis that attempts to explain how factors during pregnancy can affect fetuses after birth.

Format: Articles

Subject: Theories, Reproduction, Disorders

Albert William Liley (1929–1983)

Albert William Liley advanced the science of fetal physiology and the techniques of life-saving in utero blood transfusions for fetuses with Rh incompatibility, also known as hemolytic disease. Due to his advances, fetuses too young to survive premature delivery, and likely to die in utero if their Rh incompabilities were left untreated, were successfully transfused and carried to term. Liley was as passionate as a clinician and researcher as he was about his views on the rights of the unborn.

Format: Articles

Subject: People, Reproduction

Quickening

Quickening, the point at which a pregnant woman can first feel the movements of the growing embryo or fetus, has long been considered a pivotal moment in pregnancy. Over time, this experience has been used in a variety of contexts, ranging from representing the point of ensoulment to determining whether an abortion was legal to indicating the gender of the unborn baby; philosophy, theology, and law all address the idea of quickening in detail. Beginning with Aristotle, quickening divided the developmental stages of embryo and fetus.

Format: Articles

Subject: Processes, Ethics, Reproduction

World Health Organization Guidelines (Option A, B, and B+) for Antiretroviral Drugs to Treat Pregnant Women and Prevent HIV Infection in Infants

To address the international Human Immunodeficiency Virus epidemic, the World Health Organization, or WHO, developed three drug treatment regimens between 2010 and 2012 specifically for HIV-positive pregnant women and their infants. WHO developed the regimens, calling them Option A, Option B, and Option B+, to reduce or prevent mother-to-child, abbreviated MTC, transmission of HIV. Each option comprises of different types and schedules of antiretroviral medications. As of 2018, WHO reported that in Africa alone about 1,200,000 pregnant women were living with untreated HIV.

Format: Articles

Subject: Reproduction, Processes, Disorders

American Eugenics Society (1926-1972)

The American Eugenics Society (AES) was established in the US by
Madison Grant, Harry H. Laughlin, Henry Crampton, Irving Fisher, and
Henry F. Osborn in 1926 to promote eugenics education programs for
the US public. The AES described eugenics as the study of improving
the genetic composition of humans through controlled reproduction of
different races and classes of people. The AES aided smaller eugenic
efforts such as the Galton Society in New York, New York, and the

Format: Articles

Subject: Organizations

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

Pearl Mao Tang (1922– )

A licensed obstetrician and gynecologist, Pearl Tang worked to improve the health of women and children in Maricopa County, Arizona, during the twentieth and twenty-first centuries. Her work with the Maricopa County Health Department ranged from immunizations to preventing cervical cancer. Tang obtained federal grants and community support to establish various child and maternal health clinics throughout Maricopa County as chief of the Maricopa County Bureau of Maternal and Child Health.

Format: Articles

Subject: People, Outreach

Simone Mary Campbell (1945–)

Simone Campbell is a Roman Catholic sister, attorney, and poet who advocated for social justice, especially equal access to healthcare in the US in the twentieth and twenty-first centuries. Campbell worked as a lawyer and served the working poor in California. As of 2018, she works for NETWORK, a lobbying group in Washington DC that focuses on broadening access to healthcare by lowering costs.

Format: Articles

Subject: People

A Child Is Born (1965), by Lennart Nilsson

Dell Publishing in New York City, New York, published Lennart Nilsson's A Child Is Born in 1966. The book was a translation of the Swedish version called Ett barn blir till, published in 1965. It sold over a million copies in its first edition, and has translations in twelve languages. Nilsson, a photojournalist, documented a nine-month human pregnancy using pictures and accompanying text written by doctors Axel Ingelman-Sundberg, Claes Wirsen and translated by Britt and Claes Wirsen and Annabelle MacMillian.

Format: Articles

Subject: Outreach, Publications

Summerfield v. Superior Court [Brief] (1985)

Arizona joined the majority of states that recognized wrongful death claims on behalf of a viable fetus, regardless of whether the child was born alive or died in the womb by expanding the definition of "person" to include a viable fetus.

Format: Articles

Subject: Legal, Reproduction

Dietrich v. Inhabitants of Northampton [Brief] (1884)

This influential opinion by famed jurist Oliver Wendell Holmes, Jr. was copied by courts throughout the United States. For over sixty years, courts refused to recognize a cause of action on behalf of a child who died before or after birth as a result of injuries suffered in the womb because the fetus was considered legally a part of its mother and thus did not possess personhood. This policy changed after the decision in Bonbrest v. Kotz in 1946.

Format: Articles

Subject: Legal

"Declaration on Procured Abortion" (1974), by the Vatican

As various societies around the world began legalizing abortive procedures or liberalizing government stances on abortion, the Roman Catholic Church's leaders felt the need to respond to these changes by clarifying the Church's position on procured abortion. One incident in particular that may have inspired the "Declaration on Procured Abortion" is the landmark case in the United States Supreme Court in 1973: Roe v. Wade.

Format: Articles

Subject: Religion, Reproduction

Thomas Raphael Verny (1936– )

During the twentieth century, Thomas Raphael Verny studied the way that environment affects a developing fetus’s character and psychological development. Verny studied the concept of memory before birth and covered both the prenatal and perinatal periods, meaning the time the fetus is in the womb and the weeks immediately before or after birth, respectively. During those times, Verny claimed that patterns of maternal attitudes and experiences, such as affection and stress-related emotions, impact the development of the child.

Format: Articles

Subject: People

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