Technology has come to dominate the modern experience of pregnancy
and childbirth, but instead of empowering pregnant women,
technology has been used to identify the foetus as a second patient
characterised as a distinct entity with its own needs and
interests. Often, foetal and the woman's interests will be aligned,
though in legal and medical discourses the two 'patients' are
frequently framed as antagonists with conflicting interests. This
book focuses upon the permissibility of encroachment on the
pregnant woman's autonomy in the interests of the foetus. Drawing
on the law in England & Wales, the United States of America and
Germany, Samantha Halliday focuses on the tension between a
pregnant woman's autonomy and medical actions taken to protect the
foetus, addressing circumstances in which courts have declared
medical treatment lawful in the face of the pregnant woman's
refusal of consent. As a work which calls into question the
understanding of autonomy in prenatal medical care, this book will
be of great use and interest to students, researchers and
practitioners in medical law, comparative law, bioethics, and human
rights.
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