The Ethical Dilemma of Down Syndrome Abortion

The assignment discusses the ethical dilemma surrounding abortion laws, particularly in regards to Down syndrome. The Ohio law 'Down Syndrome Non-Discrimination Act' was passed to stop discrimination against individuals with Down syndrome. However, this led to an increase in cases of negligence in abortion, where women were forced to give birth and raise children with Down syndrome despite their unwillingness to do so. The assignment concludes that spreading information and creating awareness is key to resolving ethical dilemmas like this, rather than imposing restrictions. Women should have the freedom to choose whether or not they want to be a parent of a child with Down syndrome.

Running Head: Paper 2: Medical- Ethical dilemma
Legal and Ethical Issues in Healthcare
Paper 2: Medical- Ethical dilemma

2
Paper 2: Medical- Ethical dilemma
Table of Contents
Introduction......................................................................................................................................3
Discussion........................................................................................................................................3
1. Examination of case law.......................................................................................................3
2. Legal and ethical responsibilities..........................................................................................4
3. Negligence in abortion..........................................................................................................4
Conclusion.......................................................................................................................................5
Bibliography....................................................................................................................................6

3
Paper 2: Medical- Ethical dilemma
Introduction
Intentional termination of pregnancy with use of medical or surgical devices seldom referred to
as abortion was legalized in USA in the year 1973. The issue of abortion has resulted in causing
mass segregation among citizens of USA. A practice of abortion is abomination that destroys
social culture of a country by devaluating life’s sanctity. In order to go through an abortion, some
ethical dilemma arises as the women who receive abortion may have a long lasting emotional as
well as physical side effect. After legalization of abortion, in year 1997 as much as 1,184,758
abortion cases were conducted legally (Dodge, Haider & Hacker, 2015)
Practice of abortion plays a major role in declining moral value of society. However, it is
definitely a loophole of society, due to which respect for life deteriorates. One of the main reason
due to which an unborn baby called fetus is aborted or dehumanize is detection of deformity. In
most cases of abortion it is observed that when a medical personnel claims that offspring that
will be born will have some deformity abortion is pursued. Deformity of a fetus or new offspring
may range from Down syndrome to Spinal Bifida and in such cases ethical dilemma take place
(Edouard, 2017).
Discussion
1. Examination of case law
A case of ethical dilemma due to abortion was observed in case of Chris Kaposy which was
reported in 2018, April 16. After ultrasound test of Kaposy’s wife, Jan, it was detected that there
was some abnormality in the heart of fetus and some other abnormal genetic condition were
detected as well. After a series of test, it was confirmed that this new offspring is truly affected
by Down syndrome. Both the parents were offered with the option of abortion, although both the
parents faced an ethical dilemma but since, Jan, Kaposy’s wife has already referred the baby as
their child they rejected the option of abortion and after a few months their child was born.
In initial days of diagnosis, both the parents faced serious ethical dilemma and according to the
couple those days were hard for them. The couple faced ethical dilemma by considering future of
the baby to be born and their own future. However, they accept the fact that their child to be born

4
Paper 2: Medical- Ethical dilemma
with Down syndrome and accept the child as a member of their family as well (Nytimes.com,
2018).
Although in this case these papers opted against abortion, but there are many parent in USA who
make a different choice. It has been evaluated that in as much as 67% of cases, parents of those
fetuses who were diagnosed with Down syndrome was being aborted. In case of Canada, this
rate of abortion of fetus prenatally diagnosed with Down syndrome is even higher and is
obsessed to be 73%. However, American government has taken initiative and has passed bills in
order to make the practices of aborting fetuses prenatally diagnosed with Down syndrome an
illegal practice (Melgalve et al. 2015).
2. Legal and ethical responsibilities
American government has passed a law that prohibits doctors to perform those abortions based
on pre-test that states that fetus may likely have or is already affected by Down syndrome. The
law Abortion Act (2017) prohibits practices of absorption after performing prenatal test it relives
fetus is affected by Down syndrome and thus fetus also have some genetic condition as well
(Guttmacher.org, 2018). As per this law, if any individual or doctor is found to practices abortion
in such a case then they can be panelized with fourth degree charge of felony. This law also
states that a practitioner performing abortion of any woman for the reason of fetus affected from
Down syndrome may also lose their practicing license as well. However, according to this
legislation the woman who will be seeking for abortion in these cases will not be held
accountable. Similar kind of laws is also practices in other parts of US including Ohio, North
Dakota and Indiana. In North Dakota, law for prohibiting abortion for fetus affected from Down
syndrome is protected since 2013 (Npr.org, 2018).
However, after application of this act, another act was passed in Ohio to stop this law, as this was
not considered as an issue of abortion, rather it was considered a discrimination issue. Anti
abortion was praised by this new law named as ‘Down Syndrome Non-Discrimination Act’
(Ohiolife.org, 2018).
3. Negligence in abortion
Some cases on negligence in this sector of abortion of fetus affected by Down syndrome have
also been identified as well. Some parents were unwilling to give birth of a child who will be

5
Paper 2: Medical- Ethical dilemma
suffering from Down syndrome in future days. In those cases those papers wand to undergo the
process of abortion however, due to the above mentioned laws they are being bound to give birth
and raise those children (Page, Stumbar & Gold, 2016). In this case, an ethical dilemma rises as
in no case should a woman be forced to become a parent of a child who is suffering from Down
syndrome. It is not possible for a legislative body to understand the circumstances of a woman
parent and thus it cannot judge the decision of a woman on such a vital issue of becoming parent
of a child affected by down syndrome or not. The legislative act has discriminated Down
syndrome and has restricted women's to make their own choice of undergoing abortion
(Sneeringer et al. 2014).
Conclusion
In order to avoid ethical dilemma for medical issues like abortion spreading of information and
creating awareness is required rather than imposing restriction. Women should be given their
freedom of choosing if they want to be a parent a child suffering from Down syndrome or not.
Although a family may face some ethical dilemma but they need to desire in according to their
economical and their livelihood stability. No law can take decision for a female about their
motherhood nor can restrict abortion of Down syndrome as it solely depends on decision taken
by the parents.

6
Paper 2: Medical- Ethical dilemma
Bibliography
Dodge, L. E., Haider, S., & Hacker, M. R. (2015). Using a simulated patient to assess referral for
abortion services in the USA. The Journal of Family Planning and Reproductive Health
Care, 38(4), 246. doi:http://dx.doi.org/10.1136/jfprhc-2011-100176
Edouard, L. (2017). Resources for service provision: Policies and politics. The Journal of Family
Planning and Reproductive Health Care, 43(4), 339. doi:http://dx.doi.org/10.1136/jfprhc-
2017-101848
Guttmacher.org (2018), An Overview of Abortion Laws, Retrieved on 25th June, 2018 from:
https://www.guttmacher.org/state-policy/explore/overview-abortion-laws
Melgalve, I., Lazdane, G., Trapenciere, I., Shannon, C., & al, e. (2015). Knowledge and attitudes
about abortion legislation and abortion methods among abortion clients in latvia. European
Journal of Contraception & Reproductive Health Care, 10(3), 143-50. Retrieved on 25th June,
2018 from https://search.proquest.com/docview/200642906?accountid=188056
Npr.org (2018), ACLU Sues To Halt 'Unconstitutional' Down Syndrome Abortion Law In Ohio,
Retrieved on 25th June, 2018 from:
https://www.npr.org/sections/thetwo-way/2018/02/15/586014513/aclu-sues-to-halt-
unconstitutional-down-syndrome-abortion-law-in-ohio
Nytimes.com (2018), The Ethical Case for Having a Baby With Down Syndrome, Retrieved on
25th June, 2018 from: https://www.nytimes.com/2018/04/16/opinion/down-syndrome-
abortion.html

7
Paper 2: Medical- Ethical dilemma
Ohiolife.org (2018), Down Syndrome Non-Discrimination Act, Retrieved on 25th June, 2018
from: https://www.ohiolife.org/down_syndrome_non_discrimination_act
Page, C., Stumbar, S., & Gold, M. (2016). Attitudes and preferences toward the provision of
medication abortion in an urban academic internal medicine practice.Journal of General
Internal Medicine, 27(6), 647-52. doi:http://dx.doi.org/10.1007/s11606-011-1956-6
Sedgh, G., Singh, S., Shah, I. H., Åhman, E., Henshaw, S. K., & Bankole, A. (2014). Induced
abortion: Incidence and trends worldwide from 1995 to 2008. The Lancet, 379(9816), 625-32.
Retrieved on 25th June, 2018 from https://search.proquest.com/docview/922561909?
accountid=188056
Sneeringer, R. K., Billings, D. L., Ganatra, B., & Baird, T. L. (2014). Roles of pharmacists in
expanding access to safe and effective medical abortion in developing countries: A review of
the literature. Journal of Public Health Policy, 33(2), 218-29. doi:
http://dx.doi.org/10.1057/jphp.2012.11
Woodruff, K., Biggs, M. A., Gould, H., & Diana, G. F. (2018). Attitudes toward abortion after
receiving vs. being denied an abortion in the USA. Sexuality Research & Social Policy, , 1-
12. doi:http://dx.doi.org/10.1007/s13178-018-0325-1