ABSTRACT

The relationship between law and medicine in the past has sometimes been characterised by confrontation. Doctors are turning to the law themselves as a way of obtaining guidance as to what is and what is not permissible in their practice. The ability to monitor fetal development has radically altered the way in which physicians perceive their role in respect of the pregnant woman, and has in some cases led to legal action. Most women will have no difficulty in behaving throughout their pregnancy in ways that maximise the potential health and safe delivery of their child. Pregnancy does not reduce the rights of women to make autonomous, self-regarding decisions. Although the law is clear that the fetus has no rights, this does not mean that women’s autonomous decisions about the management of their pregnancy and labour have always been respected. During pregnancy, the widespread use of prenatal screening makes the actualisation of reproductive choice both more complex and more intangible.