Human fetus and obstetric ethics in decision making: An analysis with reference to Chervenak & McCullough’s ethical framework

Abstract

‘Human Fetus’ has become a prominent subject of discussion in the purview of the subspeciality of fetal medicine. The specialists in the field of fetal medicine are equipped with the developed diagnostic techniques which are supportive in detecting fetal abnormalities, infirmities, and chemical imbalances. Developments in the field of ultrasound technology have provided the doctors with the utmost convenience of monitoring fetal health. The current perception of modern science has elevated the status of fetus to a higher position than its previous status of being a medical recluse in the absence of proper technology to examine it. This context has created the controversy in both legal and medical spheres whether the doctors owe duty of care to the fetus, and recognition of the fetus as a patient conflicts with the interests of the pregnant woman. The main objective of this research is to analyze the legal consequences of upholding the status of the fetus while discussing the ethical framework of Chervenak and McCullough. Chervenak and McCullough’s ethical framework is based on the concept of ‘fetus as a patient’. The methodology of the paper is qualitative in nature, signified using doctrinal methodology. Both primary and secondary sources of law have been perused as methods of data collection. The author recommends balancing of interests between the pregnant woman and the fetus. The author in conclusion upholds the ‘two patient model’ and signifies the autonomy of the pregnant patient in granting the status of patienthood to the fetus.

KEYWORDS: Fetus, Fetal Medicine, Law, Medical Ethics, Duty of care