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Abortion and Maternal-Fetal Relationships

Terms to Know

The carrier of a fetus has the power to choose whether or not to abort the fetus. However, suppose if, at some point in fetal development a fetus becomes a human being, this argument cannot be used. A person does not have the right to do whatever is necessary to retain control over the use of their body. It would be wrong to kill another human in order to do so. However, Professor Judith Thomson argues that even if a fetus is determined to be human, the carrier has the right to abort whether or not her life is at risk [Bioethics].

Example> In the situation of abortion there are two parties involved. One has their life threatened and the other threatens life.

Both parties are innocent. The threatened party is not at fault and the threatening party does not threaten as a result of fault. Thus, bystanders cannot interfere, however the threatened can [Bioethics].

Example> Tim and Randy are on a lifeboat. Tim has contracted a disease that does not affect him, but Randy will surely die if he contracts it.

The only way Randy can survive is if he pushes Tim out of the lifeboat, however this is not the right thing to do. Why then is it right to abort? The important difference, seen by Thomson, between the lifeboat and abortion is that the body belongs to the woman and not the fetus. The woman has first rights to the body. This allows an abortion not matter the circumstances. Thus, the right to life, for a fetus, does not include the right to be given use of a body or continued use of a body even if it is needed to sustain the life of the fetus.

A portion of Thomson's claim is correct in that 'A' has no obligation to give 'B' use of her body [or house or money, etc.] and 'B' has no right, even to save his life, to anything 'A' has [Bioethics]. In turn, a fetus created in a lab has no right to any woman's body. The other portion of Thomson's claim is irrelevant due to the fact that 'B' must kill 'A' to retain sole possession of her body [Bioethics].

Thus, if a fetus is a human being, the duty of carrying it cannot be used as a justification for destroying it. Fetal humanity must now be questioned.

Some say a fetus is a human being from conception, while others state that it only becomes human at birth [Bioethics]. Many hold the positions between the two sides. Which one is correct?

There are certain assumptions that must be made first.
1. When does a fetus acquire all of the properties necessary for being a human being?
2. These properties are such that the loss of one would constitute the end of existence and not simply being human.
3. human being go out of existence when death occurs.
[Bioethics]

Following the above, the fetus becomes human when all of the properties necessary are acquired, but the loss of one will result in death. Death must then be examined.

First, what are the properties required to be a human being? According to the brain-death theory, unless there has been irreparable cessation of brain function the individual in question this exists [Bioethics]. Following this logic, only one property is required to qualify as a human being. The possession of a brain that has not sustained irreparable cessation of function, is the requirement.

Using these criteria, many claims about what it is to be human become false [Bioethics]. The ability to be perceived by others is an example. A human who has stopped being perceived by others, like a hermit, does not cease to exist. Also, the idea of independent existence and human interaction is proved false. The loss of either of these properties does not cause a person to cease to exist. Thus, none of them are essential properties.

So a functioning brain is required to be considered human and by the time an entity acquires that property it has obtained all of the properties required to be considered a human being. In turn, once a fetus acquires this property it becomes a human being.

A fetus usually has a functioning brain by the sixth week of development [Bioethics]. Also, all internal organs are present, the body is functioning, the heart is beating, and all of the other organs are beginning to function [Bioethics]. Following the brain-death theory, a fetus becomes a human being at six weeks after development has begun.

However, there are progressive stages of development of the fetal brain [Bioethics]. The brain cannot support spontaneous movement until about three months into development [Bioethics]. There is no doubt that at this stage of development a fetus has become human. Nobody would claim that a spontaneously moving individual would be dead. Some may claim that this is the point, spontaneous movement, in which a fetus becomes human. The brain is capable of functioning to that capacity. Supposing the brain-death theory is still correct, a fetus becomes human at 6 to 12 weeks after conception.

Let us drop the brain-death theory for a moment and replace it with an equally good theory, Ramsey's theory of death. In this theory a human does not die or cease to exist until the brain, heart and lungs irreparably cease to function naturally [Bioethics]. When a fetus obtains one of these it becomes human. Only when a human possesses none of these does he or she cease to exist.

Now the argument is as follows.
1. Every human being must have a functioning brain, heart or lungs because it is essential to being human.
2. Once an entity acquires that property it has all of the properties essential to become a human being.

Thus, once a fetus acquires said property, it becomes human. A problem arises in the second premise. The fetal heart develops at a very early stage [Bioethics]. Many systems are not operational and many structure have not developed [Bioethics]. It makes the second premise slightly unclear. However, following the theory, a fetus becomes human once a functioning heart develops.

Just as in the brain-death theory, the point at which the fetal heart is developed and functioning is in question. Is it at 2 weeks when the occasional contraction of the heart occurs [Bioethics]? Maybe the 4th or 5th week when the heart, incomplete at this point, beats regularly and pumps blood through a closed vascular system [Bioethics]? How about in the 7th week when the heart is fully functional [Bioethics]? From this a conclusion of 2 weeks to 7 weeks after conception can be determined.

In either case, the brain-death theory or Ramsey's theory of death, the answer to the question has been narrowed down considerably.

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