Expecting Trouble: Surrogacy, Fetal Abuse, and New Reproductive Technologies

By Patricia Boling | Go to book overview
with a deadly weapon, manslaughter, and homicide have been used in these prosecutions ( Strickland and Whicker 1992:15-17).
7.
There are no reliable records of miscarriage rates for fetuses of less than twenty weeks old because many women miscarry before they even know that they are pregnant.
8.
Following the publication of the Koren, Shear, Graham, and Einarson ( 1989) study documenting the bias against publishing studies that showed no adverse effects of cocaine abuse during pregnancy, many of the most respected medical journals published review articles summarizing the current knowledge about the impact of maternal use of cocaine on fetal development. All of these reviews ( Neuspiel and Hamel 1991; Mayes, Granger, Bornstein, and Zuckerman 1992; Myers, Olson, and Kaltenback 1992; Zuckerman and Frank 1992) argued that biomedical research had not clearly established whether prenatal exposure to cocaine causes lasting damage to the child. The earlier studies, which documented growth retardation, neonatal behavioral abnormalities and a host of other problems, had serious methodological flaws. The most serious was the failure to control for other confounding factors (the women in the studies also abused other drugs, smoked, drank alcohol, and received minimal prenatal care.) Hence, it is difficult to determine exactly which adverse birth outcomes are attributable to the use of cocaine and which are due to the other risk factors. For an even more up-to-date review of the relevant literature, see Myers, Britt, Lodder, Kendall, and Williams- Petersen ( 1993) unpublished manuscript.

References

Abramovitz, Mimi. Regulating the Lives of Women. Boston: South End Press, 1988.

Amaro, Hortensia, Lisa E. Fried, Howard Cabral, Barry Zuckerman, and Suzette Levenson. "Violence Toward Pregnant Women and Associated Drug Use". Paper presented at the American Public Health Association Annual Meeting, 1988.

Balisy, Sam S. "Maternal Substance Abuse: The Need to Provide Legal Protection for the Fetus". Southern California Law Review 60:1209-1238, 1987.

Barr, Helen M., Ann Pylkowicz Streissguth, Betty L. Darby, and Paul D. Sampson. "Prenatal Exposure to Alcohol, Caffeine, Tobacco and Aspirin: Fine and Gross Motor Performance in 4-Year-Old Children". Developmental Psychology 26:339-348, 1990.

Barry, Ellen. "Quality of Prenatal Care for Incarcerated Women Challenged". Youth Law News 6( 6):1-4, 1985.

____. "Recent Developments: Pregnant Prisoners". Harvard Women's Law Journal 12:189-205, 1989.

Bates, Ulku U., Florence L. Denmark, Virginia Held, Dorothy O. Helly, Susan H. Lees, Sarah B. , Smith, E. Dorsey, Sue Pomeroy, and Rosenberg Zalk. Women's Realities, Women's Choices. New York: Oxford University Press, 1983.

Bennett, W. Lance. News: The Politics of Illusion. 2nd ed. New York: Longman, 1988.

Berenson, Abbey B., Norma J. Stiglich, Gregg S. Wilkinson, and Garland D. Anderson. "Drug Abuse and Other Risk Factors for Physical Abuse in Pregnancy Among White Non-Hispanic, Black and Hispanic Women". American Journal of Obstetrics and Gynecology 164( 6):1491-1499, 1991.

Berrien, Jacqueline. "Pregnancy and Drug Use: The Dangerous and Unequal Use of Punitive Measures". Yale Journal of Law and Feminism 2( 2):239-250, 1990.

Blakeslee, Sandra. "Research on Birth Defects Shifts to Flaws in Sperm". New York Times. 1 January 1991, 1, 36.

Boals, Kay. "Review Essay: Political Science". Signs 1( 1): 161-174, 1975.

Bohn, Diane K. "Domestic Violence and Pregnancy: Implications for Practice". Journal of Nurse-Midwifery 35( 2):86-98, 1990.

-104-

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Expecting Trouble: Surrogacy, Fetal Abuse, and New Reproductive Technologies
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Foreword vii
  • 1 - Introduction 1
  • Notes 7
  • 2 - The Tailor-Made Child: Implications for Women and the State 9
  • Notes 19
  • References 21
  • 3 - Fetal Personhood: Political Identity Under Construction 25
  • Notes 44
  • References 51
  • 4 - Fetal Endangerment Versus Fetal Welfare: Discretion of Prosecutors in Determining Criminal Liability 55
  • Notes 75
  • References 79
  • 5 - A Gender Analysis of Policy Formation: the Case of Fetal Abuse 85
  • Notes 103
  • References 104
  • 6 - Punishment, Treatment, Empowerment: Three Approaches to Policy for Pregnant Addicts 109
  • Notes 126
  • References 131
  • 7 - The Aclu Philosophy and the Right to Abuse the Unborn 135
  • Notes 140
  • 8 - The Trope of the Dark Continent in the Fetal Harm Debates: "Africanism" and the Right to Choice' 142
  • Notes 152
  • 9 - "Surrogate Mothering" and Women's Freedom: a Critique of Contracts for Human Reproduction 156
  • Notes 171
  • References 174
  • 10 - The "Gift" of a Child: Commercial Surrogacy, Gift Surrogacy, and Motherhood 177
  • Notes 196
  • References 200
  • About the Contributors 203
  • About the Book 205
  • Index 207
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