Abortion Rights

In matters dealing with Informed Consent, a state may require that a physician avails a woman with information such as sources of financial aid, alternatives to abortion, the gestational stage of the child, and the development of the child. In Spousal Consent, a state can require that a married woman obtains the husband’s consent before performing the abortion. In Abortion Method, a state may not require the medical practitioner performing the abortion to make use of a method that provides the best opportunity for the fetus to survive the abortion. Parental Notice states that a state may require a parent be notified of a minor’s abortion and not two.

In matters dealing with the Waiting Period, a twenty-four hour waiting period is not involved with an undue burden on a woman who has decide to abort, and hence becomes constitutional. In Second Physician, a state may not require that another physician be present at the abortion to be in charge of a live child as a result of abortion unless there is an exception for when the mother was in danger. Lastly, in Fetal Remains, states may not require that fetal remains be disposed in a humane and sanitary way.

The main question that needs to be asked is why is abortion legal? Notably, those who advocate for abortion rights hold the idea that, it is a personal choice for whether or not to continue with the pregnancy because it involves a woman’s body, health and future as well. They also hold the belief that the lives of the parents and children are better when abortions become legal. This will go a long way into preventing women from doing illegal abortions that could be dangerous with their health. Moreover, they frame their beliefs in terms of individual liberty, reproductive rights, and reproductive freedom.

However, individuals supporting abortion do not consider themselves as pro-abortionists. They consider abortion to deal with bodily autonomy as they find forced abortion to be indefensible. As some of them oppose some abortions on a moral basis, they believe that abortions do happen in any case. This means that legal abortion that is medically safe would be better than illegal abortion performed without proper medical attention. There are also others who argue from a philosophical point of view, that embryos have no rights due to the fact that they are not actual persons. Therefore, the embryo should not have rights that override those of the women until the point it becomes viable.

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