NCJ Number
119412
Journal
American Journal of Law and Medicine Volume: 13 Issue: 2 & 3 Dated: (1987) Pages: 189-212
Date Published
1987
Length
24 pages
Annotation
This article supports the moral and legal underpinnings of Roe v. Wade and argues that certain issues of procreative liberty and prenatal status raised by Roe v. Wade need clarification.
Abstract
The substantive due process issues in Roe v. Wade include the constitutional right, if any, to abortion and the State's role in protecting a woman's right to terminate a pregnancy. The legal implications of these issues are discussed as well as collateral medical concerns such as the timing of abortions, abortion methods, and the duties owed to fetuses that are alive after the abortion is completed. The rights and personhood status of fetuses are also discussed, along with such issues as in vitro fertilization and the disposition of extracorporeal embryos. The debate over Roe v. Wade has failed to focus on the procreative interests at issue and the varying status of human embryonic existence. These issues require reasoned analysis. 82 footnotes.