Procreation is a natural process which deserves respect and concern from all members of society. However, procreation encounters challenges which lead ethical and moral dilemmas within the society. Abortion is one element of procreation which raised heated debates with major arguments between those for and against it on both legal and ethical fronts. Chapter 17 of this study gives deeper analysis of abortion from both legal and ethical perspective. From the definition of abortion by the chapter, it is clear that there are aspects of abortion which cannot be avoid. Early termination of a pregnancy can be categorized as spontaneous or induced. This implies that abortion can be accidental or as a result of a medical process carried out by medical profession. The decision to allow abortion can be an elective decision from the patient or advice of the medical profession. From the analysis and understanding of abortion, question has risen on when to allow abortion, on what grounds and whose consent is needed to allow an abortion. Ethical dilemmas on the issue of abortion are base on when to allow abortion, whose consent is needed and the legal points of abortion. The society has struggled for a long time to set base or determine clear basis on this ethical dilemmas.
The first ethical dilemma on the issue of abortion is drawn from the first trimester which looks at allowing abortion from a decision between the woman and the physician. The decision between the woman and physician to conduct an abortion is one big ethical challenge. This is because a lot of questions have been raised the reasons as to why some women conduct abortion. In some cases, women with ill intentions have resorted to illegal questions raising matters on when a woman should be allowed to carry out an abortion. Apart from the woman decision on abortion, a number of physicians have faced legal battles when it comes it comes to issues of abortion. This is because some families feel much can be done to protect both the mum and children. Most families feel that physicians have a role to protect both woman and the unborn thus abortion is not an option. In most cases, doctors have been blamed for rushing into abortion conclusion thus denying the unborn the right to life. Abortion decision must, therefore, be made by all parties involved to avoid future battles on the right and wrong parts of the abortion. Although the woman and the physician are better placed when it comes to abortion decisions the decisions made must be on ethical and not ill intentions aimed at harming the innocent unborn.
State regulation on abortion is another area which has raised questions with those against abortion clearly opposing any element of abort legalized by the state. The state’s definition or direction on when an abortion should be allowed or legalized is what has raised a major question. According to the regulations, abortion is legalized or authorized when doctors or physician can prove the mother’s life is in danger (Pozgar, n.d). However, state regulation on abortion has been questioned on the basis that proving the woman’s life in danger has been left to the physicians who are human nature and can decide to collude and conduct illegal abortion. The third trimester involved state prohibition of all abortions. However, state allows abortions deemed necessary to protect maternal life or health.
Abortion is a major topic within the modern society based on the fact that the life of both the mother and the unborn are at risk. Despite the regulations on abortion, physicians and woman decision, one thing that comes out clear is that induced abortions which do not fall within the state regulation are prohibited. State regulation on abortion clearly gives an outline of how abortion should be done with regards to the approval of abortion. State regulated abortion requires a legal approval of abortion. From this point, it is clearly that any abortion which does not follow the set approval process is considered illegal. Abortion review through committee sets requirements or points which both the woman and a physician must take ensure a legalized abortion. Some of the requirements of a legalized abortion states that abortion must be performed by joint commission approved hospital. The approval of abortion must be done by a qualified medical staff committee. Lastly wide consultations must be done to ensure all the concerned parties are part of the decision to avoid future legal battles which has destroyed the career of many physicians.
Following the requirements set by state regulation on abortion, questions have been raised on whether the requirements are realistic. In most cases, legalized abortion has been questioned for a long process. The long process has been questioned when in comes to protecting maternal life. The approval process concentrates more on the legal process than moving with speed to protect maternal life. The issue of which life to be saved has been a major question. However, state regulation has more value for the maternal life. This is questioned by many people on the basis that the unborn deserves to live. Constitutionally protecting maternal life is important and set requirements should be set on the approval of any abortion. Despite the legalization of abortion meant to protect maternal life, it is key for all the parties involved to maintain ethical standards to ensure abortion is conducted purely for the sake of saving life.
- Pozgar, G. D (n.d). Legal Aspects of Health Care Administration>