Article
Second-Hand Choice: An Incapacitated Pregnant Woman's Constitutional Right to Choose Abortion
Iowa Law Review
(2005)
Abstract
Although the Supreme Court has recognized a woman's right to choose abortion, that right assumes that the woman is able to make such a meaningful choice. If incompetent, a court appoints a guardian for a pregnant woman, through which the incompetent woman is able to make decisions. Because the incompetent pregnant woman has a guardian, courts should not also appoint a guardian for the fetus. The appointment of a fetal guardian is unconstitutional because it infringes on the incapacitated woman's ability to exercise her constitutional right to choose abortion. Additionally, the appointment of a fetal guardian would interfere with the woman's guardian's ability to make decisions for the woman and is generally inconsistent with the purpose of guardianship laws. Lastly, the appointment of a fetal guardian is plainly inefficient because the woman's guardian is best able to make decisions regarding the pregnancy and there is no need for the fetal guardian to participate in such decisions.
Disciplines
Publication Date
2005
Citation Information
Jill W Lens. "Second-Hand Choice: An Incapacitated Pregnant Woman's Constitutional Right to Choose Abortion" Iowa Law Review Vol. 90 (2005) p. 791 - 818 Available at: http://works.bepress.com/jill-lens/5/