At what point does a mother have a duty of care to her fetus?

[aimeeandbeatles]

NOTE: This thread is RD'd to prevent it from becoming "yet another abortion debate." PLEASE, PLEASE keep it away from that. To the mods, I'd appreciate it if you split off or deleted anything leaning to that.
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Last night I was reading a law book (I don't know why...) and they were talking about where if a pregnant woman is killed sometimes it counts as a double homicide. So that got me thinking, in a world that allows abortion (even if it's "only" to a certain point), at what point does the mother owe a duty of care to her fetus? For example, not smoking crack or drinking or wearing high heels while walking down stairs (my friend claims she heard of someone doing that and having a miscarriage) or smoking? If a baby is born with a deformity because of the mothers pregnant activities, what should happen? What if she didn't know she was pregnant, and had a few alcoholic drinks, and ended up with a baby with fetus alcohol? Or should a fetus be owed no care, considering this is a pro-choice world?

Personally, I believe that the duty of care should start when the mother is aware that she is pregnant & chooses to keep the baby.

What do you think?

 

[Flying Pig]

Personally, I believe that the duty of care should start when the mother is aware that she is pregnant & chooses to keep the baby.

Legally, how would you enforce that one? How can you tell when she made the decision?

That said, and almost related, I think smoking when pregnant should be a crime.

 

[aimeeandbeatles]

Legally, how would you enforce that one? How can you tell when she made the decision?

That's the sticky part. I suppose perhaps the doctor could write a statement but some people would claim that infringes their privacy rights somehow.

 

[NickyJ]

Personally, I think it's the mother's duty at the point of conception.

 

[aimeeandbeatles]

Except that its impossible to know at conception. Also, suppose a condom has a tiny leak in it and a spermie got through, and she thought she wasn't going to get pregnant?

 

[Kozmos]

Legally, how would you enforce that one? How can you tell when she made the decision?

That said, and almost related, I think smoking when pregnant should be a crime.

Having unlicensed children should be a crime.

 

[Flying Pig]

Having unlicensed children should be a crime.

Rev. Malthus, I presume?

 

[Kozmos]

Rev. Malthus, I presume?

Of the White Trash Church yes.

 

[NickyJ]

Except that its impossible to know at conception. Also, suppose a condom has a tiny leak in it and a spermie got through, and she thought she wasn't going to get pregnant?

As soon as she knows she's pregnant, she's responsible.

 

[JollyRoger]

Once you know that you are pregant, you should probably take some responsibility, though I do not know if it is the place of the government to regulate that. I think the burden of responsibility increases as the pregnancy progresses, especially once you get past the point of where you could have gotten an abortion on demand.

 

[G-Max]

The question is not when the duty to care for the fetus begins; the question is when it ends.

 

[Dreadnought]

The question is not when the duty to care for the fetus begins; the question is when it ends.

What?

Duty begins at conception. If she didn't want it to happen, she shouldn't have risked it in the first place.

 

[G-Max]

You say that as if we're in disagreement about something.

 

[aimeeandbeatles]

What?

Duty begins at conception. If she didn't want it to happen, she shouldn't have risked it in the first place.

What if the male pokes a whole in the condom?

 

[civ_king]

What if the male pokes a whole in the condom?

By engaging in sex regardless of using protection or not you have to accept the consequences. Condoms do indeed fail.


IMO as soon as the woman is aware

 

[NickyJ]

By engaging in sex regardless of using protection or not you have to accept the consequences. Condoms do indeed fail.


IMO as soon as the woman is aware

This. I don't care what you thought would happen during sex, whatever the consequences are, you're going to be responsible for them.

 

[nonconformist]

I assume the libertarians are fine with the woman drinking as much as she wants, however.

 

[Yui108]

1. Murder is wrong
2. Abortion is murder (the tricky one)
3. Abortion is wrong

I believe step two is what people disagree about, and what I agree with.

 

[Dreadnought]

What if the male pokes a whole in the condom?

If the woman chooses to engage in sexual activity, then she shares the consequences with the man; for this particular question, she assumes responsibility at conception.

 

[Seon]

Morally and socially speaking, I would imagine that the 'duty,' if such a word is applicable to the situation, begins at the moment of the woman's decision to keep the baby.