Management of Post-Mortem Pregnancy: Legal and Philosophical Aspects
Abstract
Management of Post-Mortem Pregnancy: Legal and Philosophical Aspects Daniel Sperling . , Management of Post-Mortem Pregnancy: Legal and Philosophical Aspects, Ashgate, Aldershot, 2006, Hardback, 178 pp., £50 It is now possible to keep pregnant women biologically alive using medical support even after brain death has occurred. Thus, in some circumstances, it is possible to maintain a brain-dead woman in her first or second trimester of pregnancy long enough to bring her foetus to viability. Cases where pregnancies have been maintained in this way have invariably created controversy and in some cases public outcry. 1 In cases like this, the question that needs to be answered is not only whether we should attempt to keep the woman's body biologically ‘alive’ in order to give her child a chance of life, but who should make this decision and in whose interests should this decision be made? In his book, Management of Post-Mortem Pregnancy , Daniel Sperling aims to explore the ethical and legal issues surrounding brain-dead pregnancies in order to arrive at some practical suggestions as to how best to manage these cases. His aim is to provide recommendations through analysis of how the Canadian, United States, English and Israeli legal systems deal with difficult cases involving pregnancy and reproduction. In doing so, Sperling covers an ambitious array of complex questions including: what is the moral and legal status of the foetus? Does the foetus have a right to life? Does autonomy end with brain death? Do the relatives have the right to decide whether the pregnancy is continued? What duties does the pregnant woman have towards her foetus? This is a very useful and interesting book in many ways. It provides a sound background on the issue of brain-dead pregnancy. It presents an interesting and helpful overview of the law regarding abortion, intervention in pregnancy, tissue gift laws and posthumous reproduction. It introduces and explores issues of feminist theory and relational ethics. The book also exposes the absurdity … Full Text of this Article