OPPOSE Laws to Ban Abortion Once the Fetal Heartbeat Is Detected Essay

OPPOSE Laws to Ban Abortion Once the Fetal Heartbeat Is Detected Essay

The “heartbeat bill” or “fetal heartbeat bill” is a form of legislation that restricts abortion in the United States. The new bill makes abortion illegal as early as six weeks into pregnancy, the most common period in which proponents claim an embryo heartbeat can be detected. However, to opponents of the bill, by six weeks, there is no guarantee that the fetus can develop into something that will be born alive (Houtchens et al., 2018). However, according to the American College of Obstetricians and Gynecologists and the American Medical Association, referring to a fetal heartbeat at week six is intentionally misleading and medically inaccurate (Reingold & Gostin, 2019). According to Sonesson et al. (2019) evidence, a conceptus does not qualify to be called a fetus not until it reaches ten weeks. Any period before then, the pregnancy is referred to as an embryo and does not have a heart yet. Therefore, before passing the law, it is essential to understand the different medical law perspectives about the approach to pregnancy. At six weeks, what is felt is not a heartbeat but rather an electrical cardiac activity in an embryo. By week six, the heart is not even formed to start beating.

Ethical Principles Involved

Before making the rules about abortion and by what time during the pregnancy is it legal to abort, it is essential to understand the different stages of human life and how to classify each stage. At six weeks, the pregnancy is considered the size of pomegranate seed and has no stipulated shape or form. By this time, it is difficult for the woman to tell that she is pregnant, even though this is about four weeks after fertilization and six weeks after her last menstrual discharge (Reingold & Gostin, 2019). According to the reproductive rights advocates, banning abortion at week six is a de facto ban and mainly focuses on adding pressure on the woman. One ethical consideration that should be considered before banning abortion is the circumstance by which it occurred. For example, a pregnancy resulting from rape should not be the responsibility of the woman to care for and give birth. In such circumstances, the woman should be allowed to make the decision that will affect her body and her life (Houtchens et al., 2018). Additionally, on occasions where the woman had sex with a male who is quite clear that he is not ready to raise a child, the woman should not be compiled to keep the pregnancy. It is essential to allow the woman the privilege of when to start a family and with who.

Before the embryo fully develops to sustain itself outside the womb, it should not be considered human. Although the cells in the body can pump blood and emit electric pulses that cannot and should not be confused with a heartbeat. According to medical experts, the human heart develops between week 10 and week 17 (Sonesson et al., 2019). Therefore, rather than putting the argument based on political correctness, it is essential to consider medical recommendations and different practitioners’ perspectives on effective abortion.

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Theories and Evidence

Donley & Lens (2022) indicate that most miscarriages happen before 12 weeks due to chromosomal abnormalities. A human fetus should be considered human if it has developed vital functions that are already established or can be adequately supported mechanically. It is universally understood that the embryo’s environment is different from that of the newborn baby. However, for the embryo to be considered human, it must be able to maintain itself in the environment as a newborn would. Also, gene and chromosomal issues can only be identified after 12 weeks. Certain genes in the genome are only active at specific stages of development. These genes may only be required for certain steps, such as orientation or differentiation. At six weeks, the fetus has not developed these genes, significantly impacting later life. The fetus should be considered human once its organ functions have been adequately developed, which often occurs between 21 and 25 weeks. At this stage, the fetus can respond to auditory stimuli and reflexively to touch (Donley & Lens, 2022). These milestones are significant because some believe the brain’s functioning implies human consciousness and the capacity for sapient cognitive awareness. Others argue that consciousness includes fetal knowledge through fully formed sensory functions. Hence, it cannot develop before the peripheral nerves, spinal cord, brainstem, thalamus, and cerebral cortex develop at around 26 weeks of gestation.

Proposed Solution

Since the embryo’s personhood depends on the mother, the mother should have a say on whether or not to abort the pregnancy (Miklavcic & Flaman, 2018). Fathers have the freedom of choosing whether to be in the child’s life or not, even after the child has been born. Mothers should equally be accorded the right to decide whether or not to keep a pregnancy. If abortion is to be made illegal, the appropriate stage should be at 21 weeks. At this point, the fetus can survive the natural environment since most of its vital functions have already developed.

Reference

Donley, G., & Lens, J. W. (2022). Abortion, Pregnancy Loss, & Subjective Fetal Personhood. Vanderbilt Law Review, 75. https://ssrn.com/abstract=4125492

Houtchens, M. K., Edwards, N. C., Schneider, G., Stern, K., & Phillips, A. L. (2018). Pregnancy rates and outcomes in women with and without MS in the United States. Neurology, 91(17), e1559-e1569. DOI: https://doi.org/10.1212/WNL.0000000000006384

Miklavcic, J. J., & Flaman, P. (2018). Personhood status of the human zygote, embryo, fetus. The Linacre Quarterly, 84(2), 130-144. doi: 10.1080/00243639.2017.1299896

Reingold, R. B., & Gostin, L. O. (2019). State abortion restrictions and the new Supreme Court: women’s access to reproductive health services. JAMA, 322(1), 21-22. doi:10.1001/jama.2019.8437

Sonesson, S. E., Ambrosi, A., & Wahren‐Herlenius, M. (2019). Benefits of fetal echocardiographic surveillance in pregnancies at risk of congenital heart block: single‐center study of 212 anti‐Ro52‐positive pregnancies. Ultrasound in Obstetrics & Gynecology, 54(1), 87-95. https://doi.org/10.1002/uog.20214

Include an introduction to the issue, your stance, the rationale for the stance, the ethical principals involved, theories and evidence supporting your position, and your proposed resolution.

STANCE:OPPOSE laws to ban abortion once the fetal heartbeat is detected