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Reproductive Ethics in Clinical Practice
Reproductive Ethics
in Clinical Practice
Preventing, Initiating, and Managing
Pregnancy and Delivery
Essays Inspired by the MacLean Center for Clinical
Medical Ethics Lecture Series
Edited by
J U L I E C HO R , M D, M P H
Assistant Professor, Obstetrics and Gynecology,
Pritzker School of Medicine, The University of Chicago
Assistant Director, MacLean Center for Clinical Medical Ethics,
The University of Chicago
KAT I E WAT S O N , J D
Associate Professor, Medical Social Sciences, Medical Education,
and Obstetrics and Gynecology, Feinberg School of Medicine,
Northwestern University
1
3
Oxford University Press is a department of the University of Oxford. It furthers
the University’s objective of excellence in research, scholarship, and education
by publishing worldwide. Oxford is a registered trade mark of Oxford University
Press in the UK and certain other countries.
DOI: 10.1093/med/9780190873028.001.0001
This material is not intended to be, and should not be considered, a substitute for medical or other professional
advice. Treatment for the conditions described in this material is highly dependent on the individual circumstances.
And, while this material is designed to offer accurate information with respect to the subject matter covered and
to be current as of the time it was written, research and knowledge about medical and health issues is constantly
evolving and dose schedules for medications are being revised continually, with new side effects recognized and
accounted for regularly. Readers must therefore always check the product information and clinical procedures
with the most up-to-date published product information and data sheets provided by the manufacturers and the
most recent codes of conduct and safety regulation. The publisher and the authors make no representations or
warranties to readers, express or implied, as to the accuracy or completeness of this material. Without limiting the
foregoing, the publisher and the authors make no representations or warranties as to the accuracy or efficacy of
the drug dosages mentioned in the material. The authors and the publisher do not accept, and expressly disclaim,
any responsibility for any liability, loss, or risk that may be claimed or incurred as a consequence of the use and/or
application of any of the contents of this material.
1 3 5 7 9 8 6 4 2
Paperback printed by Marquis, Canada
Hardback printed by Bridgeport National Bindery, Inc., United States of America
Deepest gratitude to the Charlie Boys for their constant love and support.
—JC
For my grandmothers, both nurses, for modeling women at work and caring
for others as a profession.
—KW
Contents
Acknowledgments xi
About the Authors xiii
Introduction 1
Julie Chor MD, MPH and Katie Watson JD
SE C T IO N I C O N T R AC E P T IO N A N D A B O RT IO N
E T H IC S : P R EV E N T I N G P R E G NA N C Y A N D B I RT H
Overview: Contraception and Abortion Ethics 9
Katie Watson JD and Julie Chor MD, MPH
1. Why Reproductive Justice Matters to Reproductive Ethics 17
Melissa Gilliam MD, MPH and Dorothy Roberts JD
2. Religiously Affiliated Healthcare Institutions:
An Ethical Analysis of What They Mean for Patients,
Clinicians, and Our Health System 29
Lori Freedman PhD and Debra Stulberg MD, MAPP
3. Contemporary Challenges to Providing Confidential
Reproductive Healthcare to Minors 44
Amber Truehart MD, MSc, Lee Hasselbacher JD, and
Julie Chor MD, MPH
4. Contraception and Abortion in the United States:
A Brief Legal History 62
David A. Strauss JD
SE C T IO N I I A S SI ST E D R E P R O D U C T IO N
E T H IC S : I N I T IAT I N G P R E G NA N C Y
Overview: Assisted Reproduction Ethics 79
Katie Watson JD and Julie Chor MD, MPH
5. The Reproduction of Stratified (Assisted) Reproduction:
Epidemiology, History, and Ideology in Infertility Care 84
Lisa H. Harris MD, PhD
viii Contents
SE C T IO N I I I O B ST E T R IC E T H IC S : M A NAG I N G
P R E G NA N C Y A N D D E L I V E RY
Overview: Obstetric Ethics 165
Julie Chor MD, MPH and Katie Watson JD
11. Refusing to Force Treatment: Reconciling the Law
and Ethics of Post-Viability Treatment Refusals and
Post-Viability Abortion Prohibitions 170
Katie Watson JD
12. Professional Ethics in Obstetric Practice, Innovation,
and Research 197
Frank A. Chervenak MD, MMM and
Laurence B. McCullough PhD
13. Doing Harm: When Healthcare Providers Report Their
Pregnant Patients to the Police and Other Authorities 212
Jeanne Flavin PhD and Lynn M. Paltrow JD
Contents ix
Julie Chor and Katie Watson thank the MacLean Center for Clinical Medical
Ethics at the University of Chicago and Dr. Mark Siegler, Director of the
MacLean Center, for their support of the production of this book, for the
year-long lecture series that served as the foundation for this volume, and for
the Fellowship training that first taught us to think deeply about the ethical
complexity and impact of patient–healthcare professional interactions.
About the Authors
Véronique Fournier, MD, PhD, founded the first clinical ethics service sup-
port in France in 2002 and directed it for 18 years. She conceived this service
after having been delegated by the French Minister of Health to investigate
the field of clinical ethics in the United States and having spent 1 year in the
MacLean Centre for Clinical Medical Ethics (Chicago) as a fellow in Mark
Siegler’s intensive training clinical ethics program. Her position led her to
work on, among others, the ethical issues raised by concrete access to repro-
ductive technologies on the clinical ground and to confront the way they
were faced in France as opposed to the United States. In 2009, she published
Le bazar bioéthique (The Bioethics Bazaar; Editions Robert Laffont, Paris) to
alert readers to the difficulties encountered by couples who are not perfectly
compliant with the norms of public morality in accessing such technologies,
difficulties partly due to the illiberalism of the legislative framework to which
the bioethics field is subject in France.
Lisa H. Harris, MD, PhD, is the F. Wallace and Janet Jeffries Collegiate
Professor of Reproductive Health, Professor of Obstetrics and Gynecology,
and Professor of Women’s Studies at University of Michigan. After com-
pleting college and medical school at Harvard University, Dr. Harris com-
pleted obstetrics and gynecology residency at the University of California,
San Francisco, and a PhD in American culture and women’s studies at the
University of Michigan. Her clinical work encompasses abortion, mis-
carriage, and birth care. She is known for interdisciplinary approaches to
scholarship, including work on abortion stigma, experiences of abortion
caregivers, conscience in reproductive healthcare, women’s preferences for
miscarriage management, and the social construction of assisted repro-
ductive technologies. She serves as Associate Chair of her department and
directs the University of Michigan’s Fellowship in Complex Family Planning.
Heather E. Ross, JD, co-founded the law firm of Ross & Zuckerman, LLP,
in 2005 to focus solely on legal issues surrounding assisted reproductive
technology. Ms. Ross is a past chair to the Legal Professional Group of the
American Society of Reproductive Medicine. She is also a member of the
Academy of Adoption and Assisted Reproduction Attorneys, a professional
member of Resolve, Family Equality Council, the LGBT Bar, and a com-
mittee member of the American Bar Association’s Assisted Reproductive
Technology Committee. Ms. Ross has represented thousands of clients in
gamete donation, embryo donation, and gestational surrogacy arrangements.
She is a frequent lecturer and writer in the area of assisted reproductive tech-
nology (ART) law and has presented numerous CLE courses to attorneys,
medical professionals, and law students practicing in this field. Heather is
also a Village Trustee in her hometown of Northbrook, Illinois, where she
lives with her spouse, and 3 teenage girls—all of whom are the successful out-
come of ART.
Language: English
or
ALSO USEFUL
and
JANE
also
HOW UNCLE WIGGILY TRIED TO MAKE
TEXT BY
HOWARD R. GARIS
Author of THREE LITTLE TRIPPERTROTS and BED TIME
STORIES
PICTURED BY
LANG CAMPBELL
NEWARK, N. J.
CHARLES E. GRAHAM & CO.
NEW YORK
IF YOU LIKE THIS FUNNY LITTLE PICTURE
BOOK ABOUT THE
BUNNY RABBIT GENTLEMAN YOU MAY BE
GLAD
TO KNOW THERE ARE OTHERS.
So if the spoon holder doesn’t go down cellar and take the coal shovel
away from the gas stove, you may read
Made in U. S. A.
One day Uncle Wiggily, dressed in his best, started out to look
for an adventure. The rabbit met Uncle Butter, the goat gentleman,
who never cared much for style. “Why do you wear a tall silk hat,
Uncle Wiggily?” the goat gentleman asked. “What’s the use of being
so fancy?” Uncle Wiggily twinkled his pink nose. “A tall silk hat may
stylish be, and also useful, as you shall see,” he answered.
Just as Uncle Wiggily told the goat gentleman that tall silk hats
were useful, along came Susie Littletail the rabbit girl. “Oh, boo hoo!”
sobbed Susie. “There’s a hole in the pail and all the milk is running
out!” Uncle Wiggily took off his nice shiny hat and said: “Never
mind, Susie! I’ll save the milk for you!” Uncle Butter gave a loud
bleat. “Mr. Longears!” cried the goat, “what are you doing?”
“I am going to save Susie’s milk, that’s what I’m going to do,”
answered the rabbit gentleman. He placed his tall silk hat on the
ground, and into his hat he poured the milk from the leaky pail.
“There you are, Susie!” cried jolly Uncle Wiggily. “Only a little of your
milk ran out. I’ll take the rest home for you, and then Uncle Butter
and I are going to have a boat ride on the duck pond.”
After taking the milk home for Susie, and drying out his hat at
Mrs. Littletail’s fire, Uncle Wiggily started off again with Uncle
Butter. They reached the duck pond where a monkey doodle
gentleman let them get in his boat to have a ride. All of a sudden,
when they were a long way from shore, the monkey stopped rowing
and cried: “Oh, we are sinking! There’s a leak in the boat and I can’t
dip out the water!”
“What’s that?” cried the bunny gentleman. “A leak in the boat!”
The monkey sorrowfully said there was. “What can we use to dip out
the water while we row to shore?” asked Uncle Butter. “Why, my tall
silk hat, of course!” laughed Uncle Wiggily. “If it holds milk it will
hold water.” So he bailed out the boat while the goat and monkey
rowed to shore, and Jackie Bow Wow watched them.
Uncle Wiggily’s hat was so useful dipping the water out of the
leaking boat that it did not sink, and the bunny and goat were soon
safely on shore. But there they found more trouble. Jackie Bow
Wow’s bag of sugar had burst, and the sweet grains were running out
on the ground. “Oh, Uncle Wiggily! What shall I do?” asked the
puppy dog boy. “Mother will scold me for spilling her cake sugar!”
“Quick, Uncle Butter!” cried the rabbit gentleman, as he saw
what had happened. “You hold up the bag of sugar and I’ll catch the
grains in my hat. We’ll save most of it!” So the goat gentleman held
the bag, which Jackie handed him, and Uncle Wiggily thrust his hat
under the stream of sugar. The wind and hot sun had soon dried the
bunny’s hat so the sugar wouldn’t be sticky. Everything was fine!
Uncle Wiggily took his hat full of sugar to Jackie’s house for the
little doggie boy, and Mrs. Bow Wow, the dog lady, thanked the
bunny. “I never knew how useful a tall silk hat could be,” she said.
“Nor I,” agreed Uncle Butter. “I rather made fun of Uncle Wiggily,
but I never will again.” Then the two animal gentlemen went to call
on Mrs. Twistytail, the pig lady, who had been picking flowers.
“Oh, I am so glad to see you gentlemen!” grunted Mrs. Twistytail
as Uncle Wiggily and Uncle Butter came up the steps. “I wish I had a
vase in which to put these blossoms.” Uncle Wiggily took off his hat.
“Use this,” he said. “Fill it with water and put the blossoms in. It’s a
regular vase!” Mrs. Twistytail said it was. Uncle Butter suddenly ran
away. “I’m going to buy me a tall silk hat!” he called back.
And if the wash tub doesn’t try to ride to the moving pictures on the
back of the clothes horse and make a smile come on the face of the
clock, the next pictures and story will tell how
UNCLE WIGGILY BROUGHT HOME
COMPANY WITHOUT TELLING NURSE
JANE. MISS FUZZY WUZZY WAS SO
SURPRISED, BUT MR. HEDGEHOG HELPED
A LOT.
One day, when Uncle Wiggily was out walking in the woods, he
met Mr. Hedgehog Porcupine. “Ah, good morning, Mr. Hedgehog,”
said the bunny uncle, with a low and polite bow of his tall silk hat.
“You are looking quite happy, and not at all fretful to-day.” Mr.
Hedgehog also made a polite bow. “No, I am not fretful, and my
stickery quills are not sticking up just now,” the Porcupine said. “Will