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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

“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

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

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

“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

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

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

"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

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

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

Weber v. Stony Brook Hospital (1983)

The New York Court of Appeals' 1983 case Weber v. Stony Brook set an important precedent upholding the right of parents to make medical decisions for newborns born with severe congenital defects. A pro-life New York attorney, Lawrence Washburn, attempted to legally intervene in the case of Baby Jane Doe, an infant born with disorders. When the infant's parents chose palliative care over intensive corrective surgery, Washburn made repeated attempts to have the New York courts force through the surgery.

Format: Articles

Subject: Legal, Reproduction

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

Mizuko Kuyo

Mizuko Kuyo is a Japanese Buddhist ceremony that focuses on a deceased fetus or stillborn child. This ceremony was originally developed to honor Jizo, a god believed to be responsible for transporting dead fetuses or children to the other world. The practice has become more popular in the last half century due to the growing number of abortions taking place and the particular views that Japanese Buddhists have about fetuses and abortion.

Format: Articles

Subject: Religion, Reproduction

In the Womb (2005), by Toby Mcdonald and National Geographic Channel

Written, produced, and directed by Toby Mcdonald, the 2005 National Geographic Channel film In the Womb uses the most recent technology to provide an intricate glimpse into the prenatal world. The technologies used, which include advanced photography, computer graphics, and 4-D ultrasound imaging, help to realistically illustrate the process of development and to answer questions about the rarely seen development of a human being.

Format: Articles

Subject: Outreach, Reproduction

Buck v. Bell (1927)

In 1927, the US Supreme Court case Buck v. Bell set the legal precedent that states may sterilize inmates of public institutions because the court argued that imbecility, epilepsy, and feeblemindedness are hereditary, and that the inmates should be prevented from passing these defects to the next generation. On 2 May 1927, in an eight to one decision, the US Supreme Court ordered that Carrie Buck, feebleminded daughter of a feebleminded mother and herself the mother of a feebleminded child, be sterilized under the 1924 Virginia Eugenical Sterilization Act. Buck v.

Format: Articles

Subject: Legal, Reproduction

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

Life's Greatest Miracle (2001), by Julia Cort and NOVA

The Public Broadcasting Station (PBS) documentary Life's Greatest Miracle (abbreviated Miracle, available at http://www.pbs.org/wgbh/nova/miracle/program.html), is arguably one of the most vivid illustrations of the making of new human life. Presented as part of the PBS television series NOVA, Miracle is a little less than an hour long and was first aired 20 November 2001. The program was written and produced by Julia Cort and features images by renowned Swedish photographer Lennart Nilsson.

Format: Articles

Subject: Outreach, Reproduction

Park v. Chessin (1977)

The New York Appellate Court ruled on 11 December 1977 in favor of Steven and Hetty Park and against Herbert Chessin for the wrongful life of the Parks' child. In a wrongful life case, a disabled or sometimes deceased child brings suit against a physician for failing to inform its parents of possible genetic defects, thereby causing harm to the child when born. Park v. Chessin was the first case to rule that medical personnel could be legally responsible for wrongful life. Further cases such as the 1979 case Berman v. Allan and the 1982 case Turpin v.

Format: Articles

Subject: Legal, Reproduction

Pope Pius XI (1857-1939)

Pope Pius XI, born Ambrogio Damiano Achille Ratti, was born to the wealthy owner of a silk factory on 31 May 1857 in Desio, Italy. He was ordained to the priesthood at the age of eighteen, at which time he began a long life devoted to study, peacekeeping, and the betterment of societies around the world. Pius XI is noted here for his contribution to the Roman Catholic Church's early twentieth century approach to issues regarding contraception and abortion, which was presented in his December 1930 encyclical "Casti Connubii."

Format: Articles

Subject: People, Religion, 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

Paretta v. Medical Offices for Human Reproduction [Brief] (2003)

The court decided a child of in vitro fertilization born with cystic fibrosis does not have the right to sue for wrongful life even in the presence of demonstrable acts of medical negligence because to allow such a case would grant the IVF child rights not possessed by naturally born children. The decision in Paretta has not been publicly tested in other jurisdictions.

Format: Articles

Subject: Legal, Reproduction

Litowitz v. Litowitz [Brief] (2002)

Pursuant to an express provision of the embryo disposition contract they both signed, a husband and wife had to petition the court for instructions because they could not reach an agreement about what to do with frozen embryos when they divorced. The trial court awarded the pre-embryos to the husband and the Court of Appeals affirmed this decision. However, the Washington Supreme Court ruled that the pre-embryos should be thawed out and allowed to expire because the dispute had not been resolved within a five year time frame prescribed by the Cryopreservation Agreement.

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

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