New Medical Technology: A Chance to Reexamine Court-Ordered Medical Procedures During Pregnancy

Abstract

New medical technologies have the ability to treat fetuses in utero, but these technologies and treatments come with consequences for the women carrying the child, particularly in cases of fetal surgery. This comment discusses the emerging technology of fetal surgery and explores the legal consequences for women if physicians and courts force women to submit to such procedures in the future. The article proposes that neither courts nor physicians should override a pregnant woman’s choice to forgo fetal surgery. It further concludes that after courts have been given the opportunity to explore the issues, forced cesarean sections will no longer be permitted under the flawed logic used to justify their imposition in prior cases.