Conflicts of interest between mothers and fetuses sometimes manifest in obstetric practice. Bioethics usually involves the issue of artificial abortion. However, if survival of the fetus is the basic premise, from the point of view of the fetus, prolongation of its growth in the womb would typically be seen as more desirable than its expulsion, even if continuation of the pregnancy would endanger the life of the mother. Since there is a general, implicit principle in medicine that the mother’s life is given priority, it is rare for this to be called into question from the medical point of view. However, if the benefit to the mother derives from her preference, then the conflict of interest between the mother and the fetus is difficult for the obstetrician to resolve.
This research dealt with a nullipara who wanted multiple children but refused cesarean section aimed at saving the life of her first child. We investigated this case from the legal, ethical and women’s studies standpoints to determine whether, in accomodating the mother’s wish to maximize maintenance of her fertility, the medical cargivers could accept the possibility of stillbirth.
In Japan, outside of the provisions in the Penal Code that define the crime of abortion, there is no law that aggressively protects the fetus. In some states in the United States, there is still doubt regarding forcing someone to undergo treatments, including cesarean section. For medical workers, the risk to a fetus during vaginal birth can be estimated only stochastically, and deciding at what degree of risk cesarean section should be forced on the mother is a difficult technical and ethical problem. Ethically, limiting the point of view to the final number of children might be acceptable from the classical utilitarian perspective, but it is difficult to accept from current utilitarian perspectives, such as rule utilitarianism. On the other hand, adding the women’s studies point of view to the discussion would raise the problem of, “Should a mother have to be sacrificed by undergoing invasive treatments such as cesarean section for her fetus?” This might result in controversy.
The authors, who work in perinatal care, consider that in the present situation priority must be placed on the mother’s decision. However, that cannot be adequately justified, even at a later time when abortion has become impossible, based only on a perinatal medical staff’s implicit principle that the life of a fetus is inferior to the life of its mother. It will be necessary to also debate the question/principle of whether the value of fetal life should take precendence over the mother’s will.
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