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Does a Fetus Have Human Rights?

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Submitted By glang11
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Gretchen Lang
Ethics Paper
Does a Fetus Have Human Rights?

Brain death of a pregnant mother is a very unlikely scenario. Between 1982 and 2010, there were only 19 reported cases of maternal brain death.(Farragher) However, controversy arises when faced with this rarity. Even though some may believe that preserving the mother’s body is unethical, the decisions regarding the fetus should be made by the mother or next of kin, unless the fetus is past twenty-four weeks of gestation, because of ethical dilemmas, the presence of mother’s rights, fetal rights and viability. One ethical dilemma presented is the controversial issue of preserving the fetus with no regard to the mother’s body; treating her body like a medical experiment. In the case of long-term life support, the body will begin to deteriorate and look more corpse-like over time since machines are providing the primary functions of the body. This process can be very upsetting and disturbing for the family to witness. With this being said, there have actually been several cases in which a healthy, viable child was delivered after prolonged life support.(Farragher) In these cases, the mother or family stated that they wanted to continue life support. This sheds light on the fact that a fetus has rights and due to fetal viability, should be able to live. Therefore, this process may only be disturbing if the family believes the mother would not want to be on life support. Most mothers want to protect their children no matter what happens.
So who makes the decisions regarding the fetus? In the case that there is no evidence as to what the mother would want for her child, a surrogate decision-maker is chosen. Typically this role is given to the next of kin, however, this varies by state.(Farragher) In 2013, a controversial case in Texas started that exposed many ethical dilemmas in regards to a brain-dead

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