Endless Dilemma: Should Abortion Be Legal or Illegal
One of the most debated topics in bioethics is abortion. This debate might not ever come to an agreement whether to legalize or illegalize abortion, but it’s very important that we, as a country, try. The problem with the debates in bioethics on abortion is there have not been any moral agreements achieved. These debates deal with the rights and wrongs of killing the fetus in the process of ending a pregnancy. In should abortion be legal or illegal essay I will try to make a deep analysis of this question and perhaps will find the answer.
When facing the moral dilemma of abortion, it becomes a distressing topic for women and men. There are two sides to the debates: pro-life and pro-choice. One side, pro-life, say that abortion is always wrong, unless it is the best thing to do on very rare occasions. The other side, pro-choice, says that abortion is okay in some situations. Some of the biggest issues deal with certain questions that have been brought about: “is abortion morally wrong?” or “should abortion be legal or illegal?”. Along with other questions dealing with whether the foetus is actually a human being or does the foetus have the right to life. In the following will come to resolutions on whether abortion is actually morally wrong, if abortion should be legal or illegal, whether the foetus is actually a human being, if the foetus has a right to life, along with whether the foetus has a right to life, does that take importance over the mother’s right to rule her own body.
It is important to know the stages of prenatal development before moving on to whether a person can consider a foetus as a human being or if a foetus has a right to life, and if so does that have priority over the mother having control over her own body. First there are three stages in prenatal development: the Germinal stage, the Embryonic stage, and the Fetal Period. The Germinal stage is the first two weeks after conception. The third week up to the eighth week is the Embryonic stage. The ninth week up until birth is known as the fetal period. The Germinal stage is when the egg and sperm come together in one of the fallopian tubes and forms a fertilized egg also known as a zygote. The zygote then travels to the uterus, which can take up to a week to finish its journey, then begins cell division. Which can occur up to 24 to 36 hours after conception. After the rapid cell multiplication, the mass of cells then attaches to the wall of the uterus, now being considered an embryo. In the Embryonic stage, the mass of cells become very distinct as a human. This stage is playing an important role in the forming of the brain. “Approximately four weeks after conception, the neural tube forms. This tube will later develop into the central nervous system, including the spinal cord and brain”. Around the fourth week, the head starts to form along with the cardiovascular system, eyes, nose, ears, and mouth. And by the fifth week, buds start to form which will later become the arms and legs. By the time the eighth week of development has been reached, the embryo has all of the basic organs and parts except those of the sex organs. It even has knees and elbows! At this point, the embryo weighs just one gram and is about one inch in length (Cherry, 2019). Then comes the Fetal stage, which consists of more distinctive changes to the brain. This is when the embryo develops into a fetus. As the body systems and structures continue to develop, the brain and spinal cord is formed from the neural tube. The reflexes of the fetus start to form between the ninth and twelfth week.
According to the catholic church and pro-life supporters, a person should be respected as a person from the moment of conception, and from this time a person should have a right to his or her life. From the moment of conception and fertilisation, one can consider this to be the beginning of human life. The necessary criteria to be considered a person is consciousness, having human DNA, highly-developed rationality (reasoning), and self motivated activity. When the egg is fertilized, it develops into a separate and distinct human being and has a full genetic code of a human being. . Although, while anti-abortion supporters belive this to be true, the opposing side disagrees. While the pro-choice side of this debate might agree that a person has a right to life; however, they do not completely agree with from the moment of conception and the cell fertilisation, one doesn’t have a right to life. On the pro-choice side, it also is standing for protecting the rights of the mother. Some people believe that at the first signs of brain activity, is when life begins for that person, which is typically occurs around week 5 going into week 6 of pregnancy. Other people believe that life begins for a foetus when it is able to survive outside of the womb. In trying to regulate abortion, this is the most common basis people try to use. Of course it’s odd that a beings right to life should depend on the location whether it's inside or outside of the womb. It’s proven that scientists know when personhood begins; however scientists have not come to an agreement on this matter, in which fuels the debate on abortion.
At the 4-5 week mark of pregnancy, is when the head, eyes, nose, ears, and cardiovascular system begins to form. Which this is the first form of the foetus, and that, in my opinion, makes the foetus an actual human being. This shows signs of life such as a heartbeat and maybe neural activity. Before this 4 week mark, the baby hasn’t developed other than being a zygote and an embryo. From a bioethical standpoint, once the foetus has a genetic code it is considered a human being. When the sperm and egg join together, that gives the foetus their own genetic code. Foetuses are technically live beings, and killing them can be considered murder since someone is taking away a valuable future, a future like ours.
More issues that adds more fuel to the fire of the debate on abortion is whether it should be legalized or illegalized. Terminating abortion makes it a violation of right to privacy of women. The government has no right to interfere in a woman’s personal matters, hence the right to privacy. Thus including the right to make decisions for her own child’s future. According to the article “Rights of Fetus and Mother in the Abortion Debate”, “The Freedom of Choice Act (FOCA) declares that ever woman has the fundamental right to choose to bear a child, to terminate a pregnancy prior to fetal viability, or to terminate a pregnancy after fetal liability when necessary to protect the life or health of the woman”. It also states within the act that the government is not allowed to interfere with a woman’s right to choose pregnancy.
In the United States abortion has been legal since the 1973 case of Roe v. Wade. In the 1973 Roe v. Wade case, it was affirmed that access to safe and legal abortion is a constitutional right. However, individual states can regulate or limit the use of abortion. Alabama has one of the most restricting abortion laws in the nation; the law bans abortion at any stage of pregnncy including cases of rape and incest, but allows an exception for any medically serious situation dealing with endangerment of the mother’s life. Arkansas has an abortion law that bans abortions after 18 weeks with the exceptions of rape, incest, and medical emergencies. Illinois has a law that bans abortion after the foetus reaches the point of viability, but with exceptions like if the mother’s life was in danger, and abortion can be preformed after viability. In Indiana, Abortion can be done within the first trimester or 12 weeks by a doctor or in a hospital or surgical center before the foetus is viable or 24 weeks. North Dakota bans abortion after the first trimester. Missouri’s law consisted of banning abortion after 8 weeks of pregnancy with no exceptions for rape and incest. New Mexico has a law that cannot be enforced because it goes against the constitutional right a woman has over her own body, a law that states that an abortion that is not a justified termination is illegal. In Oklahoma and Wisconsin abortion is banned after 22 weeks. In South Dakota and Virginia, abortion is permitted in the first trimester, has restrictions on faculties in the second trimester, and is banned in the third trimester. Utah has a law that bans abortions after 18 weeks with exceptions of rape incest, and fatal foetal defects. In the states of Georgia, Ohio, Louisiana, and South Carolina, abortion is banned after 6 weeks of pregnancy or when the heart beat can be detected; although, in the state of Georgia there are some exceptions including rape and incest if a police report is filed and in cases of if the life of the mother is in danger. Abortion laws in the following states ban abortion after the first 20 weeks of pregnancy: Iowa, Kansas, Kentucky, Mississippi, Nebraska, North Carolina, Texas, and West Virginia. In the states of Arizona, Connecticut, Delaware, Florida, Hawaii, Idaho, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New York, Pennsylvania, Rhode Island, Tennessee, Utah, Washington, and Wyoming, consist of laws that state abortion is banned after the foetus is viable or after 24 weeks. Last but not least at any point in pregnancy abortion is legal in the following states listed: Alaska, California, Colorado, District of Columbia, New Hampshire, New Jersey, Oregon, and Vermont. In the United States, all states have their own regulations they enforce. Some states try to pass bills to change the law and most of them don’t get approved by a federal judge. Although, in the state of Alabama, the bill they passed was approved in May of this year.
In the state of Alabama, Alabama signed a law, in may of this passed year, banning abortion with no exception other than if the mother’s health is in danger or if the foetus develops an abnormality that is fatal. Women all over the United States were angry about this law being passed. It seems wrong that the state of Alabama is trying to control what women choose to do with their bodies and it can be considered as defying the constitutional rights of what women can do with their bodies. Although, looking from a conservative standpoint many people in the state of Alabama was wanting that law to be signed, and that’s why it was passed in the first place. Also within the law it states if a doctor performs a banned abortion, that doctor can face up to life in prison and charged with a class A felony. However, later this year the law was blocked by a judge from the U.S. district court in Alabama. “Judge Myron H. Thompson of the U.S. District Court for the Middle District of Alabama issued a preliminary injunction blocking a law passed earlier this year that would ban abortion at all stages of pregnancy, with no exceptions for rape or incest. “Alabama’s abortion ban contravenes clear Supreme Court precedent,” the judge wrote. ‘It defies the United States Constitution”. Although, the ban was supposed to take effect November 15 of 2019 but it is being blocked temporarily and it is unknown when it will resume effect.
In my opinion, states should have their own laws on abortion; however, whether the laws of each state are too restricted is the problem. Women should be able to have control over their own body in situations as such. Women should be able to have their own privacy from the government in situations as such. Women feel the need to have abortion for certain reasons, certain “private” reasons. Two of the most common reasons women choose to use abortion: “Having a baby would dramatically interfere with their education, work or ability to care for their dependents, or they could not afford a baby at the time'. Along with these reasons, there is more to the reasons behind resulting to abortion, “In addition, qualitative data from in-depth interviews portrayed women who had had an abortion as typically feeling that they had no other choice, given their limited resources and existing responsibilities to others”. I don’t blame women for choosing abortion in situations like these, but there’s another choice to consider: adoption. But of course someone can claim that adoption might not be a good option because now days the foster care system isn’t at all great. Also consider that there are adoption programs and processes to go through to ensure the child unites with a loving and caring family that really wants them. I believe a pregnant woman should at least consider adoption before rushing into having an abortion. I want the baby to have a fighting chance at his/her life, but I can’t make decisions for other people because for one it’s definitely not my place, two it’s none of my business, and three what woman cares of what a random person thinks when it comes to her body.
As I do research on abortion, I see a lot of “my body my rights”. I do believe women should be in control of their own bodies without the government getting in the way of their privacy. I too would want to have control over my own body without being told I can’t. It’s a basic human right to be able to make decisions about your body and health. No one should be deprived from that and especially women. Is a woman truly free if she can’t control And own her own body? No, she is not truly free when there are laws that restrict her from being able to own her own body. Although, I’m a bit conflicted with if a woman is pregnant with a growing human being inside of her shouldn’t the foetus have a right to their body too? If all human beings should have a right, so should the foetus. But then again, there goes taking away from the woman’s right to control her own body as well as her child’s. So this is another reason why abortion is one of the most debated subjects in today’s society.
Wouldn’t you think with all these laws banning abortion after a certain period of time have certain exceptions in times of danger and tragedy? Well certain states do make exceptions when it comes to rape, incest, or a woman’s health being in danger. Although, while some states might have exceptions like rape and incest, others do not. For example, “Here’s what it comes down to. Right now in Ohio, there is an 11-year-old child who was abducted, raped, and made pregnant. It’s easy to see, by any sane moral measure, how a regime that forces a child to carry this pregnancy to full term and give birth is monstrous, heartless, and immoral. And it’s just as clear that a state that threatens to kill that child unless she bears that pregnancy to full term and gives birth is morally equivalent to the rapist—taking away that little girl’s agency, declaring that her pain is unimportant, that she has no right to decide who has access to her body”. One would think a little girl in this kind of situation would, of course, be able to make her own decisions about her body based on everything that has happened. It doesn’t seem fair that someone who was forced into this situation, is forced to stay in the situation. I think all states should have exceptions for rape and incest because whether a woman is 11 or 30, she shouldn’t be forced to carry a baby to full term when she was literally forced with it in the first place, it’s just completely evil. I believe we could be better than that, especially to protect any woman in this world from having to re-live such evil that was done to them.
