Medical Blogs

May 7, 2007

Sioux Falls Argus Leader Examines Role Of South Dakota Physicians In Abortion Ban Debate

Several South Dakota physicians have "lined up on opposite sides" of the state's law (HB 1215) that bans abortion except to save a woman's life and are "lending their personal and medical opinions to a cause in which they believe," the Sioux Falls Argus Leader reports. According to Ken Aspaas, president of the South Dakota State Medical Association, the abortion ban debate has divided the state's medical community. Publicly, the association "has taken a largely hands-off approach to the subject of abortion," after "heated" discussions among its members in recent months, according to the Argus Leader. However, the SDSMA in June released a statement "strongly condemn[ing]" interference by the government or any person in a medical decision, according to the Argus Leader. Some physicians are worried about the ban's effect, "especially when they deem the procedure to be medically necessary for the health of the pregnant woman," the Argus Leader reports. Supporters of the ban have pointed to a report released last year by the South Dakota Task Force to Study Abortion, which included testimony from physicians that women could experience potentially harmful emotional and mental problems from undergoing the procedure, according to the Argus Leader. The task force was appointed by Gov. Mike Rounds (R) and was co-chaired by Maria Bell -- a Sioux Falls ob-gyn who also is the co-chair of the South Dakota Campaign for Healthy Families, the group that organized the petition drive that brought the abortion ban onto the state ballot (Myers, Sioux Falls Argus Leader, 7/16).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

Early Fetal Gender Test Demands Rapid Ethical Policymaking

This alert highlights the research published this week in a special issue of Prenatal Diagnosis entitled, Fetal Sexing: Global Perspectives on Practices, Ethics and Policy. The special issue arose out of a workshop organized as part of the SAFE network of excellence.

Reviews highlighted in this newsalert:

* Early pregnancy maternal blood test for fetal gender demands rapid ethical policy-making. The sex of a 5-7 week embryo can be determined by a new test - about two months earlier than was possible with ultrasound. But should we use this new technology 'just because it is there?'

* Sex selection รข€" liberally ok but not without problems. Sex selection fits with a liberal view of permission in reproduction, but using abortion as part of the process is less defensible and may degrade our value of human life.

* Will easier access to more effective sex selection affect gender balance? Probably not. Increasing ease of travel to countries with lax rules on sex selection makes it possible for wealthy couples to have a baby of the desired sex. But surveys that ask whether people would prefer to have a boy or a girl show that, at least in Western countries, the sex-ratio is unlikely to change considerably.

* Most people do not favour sex selection. Surveys conducted to date show that, overall, people have negative attitudes towards sex selection for non-medical reasons, particular if the method involves terminating a pregnancy.

Lyn Chitty, Senior Lecturer in Clinical Genetics and Fetal Medicine at the UCL Institute of Child Health, London, says, "this Special Topic issue presents a range of papers that discuss the scientific, social and political implications of fetal sex selection. It begins by describing the technological advances that have made early non-invasive fetal sex determination a practical, reliable and safe option for women at high risk of sex-linked disorders if the test is performed in accredited and experienced laboratories.

It then goes on to explore the views of clinicians, scientists and social scientists as well as the evidence from the developed and developing world on the potential impact of this technology if used for non-medical reasons.

It gives no answers and, to quote the editors of this issue - 'It remains to be seen whether the triumph of modern science to allow fetal sexing at increasingly early stages of gestation will be seen as a triumph, allowing those at risk for sex-linked disorders to learn of the health of their fetus at the earliest point possible, or a tyranny, making simpler the selective termination of female fetuses with its attendant social and political consequences.'"

Early pregnancy maternal blood test for fetal gender demands rapid ethical policy-making

The sex of a 5-7 week embryo can be determined by a new test - about two months earlier than was possible with ultrasound. "It is imperative that an authorized committee of experts in each country generates and official policy regarding use of this test," says Dr. Esther Guetta from the Danek Gertner Institute of Human Genetics, in Israel, writing in the latest edition of Prenatal Diagnosis.

To understand the test you need to know two things:

1. Fragments of DNA from an embryo can be found circulating in its mother's blood.

2. While males have an X and a Y chromosome, females only have two X chromosomes.

If you take a sample of a pregnant woman's blood plasma and find DNA that is only present in males, the woman is most probably carrying a male fetus.

Unlike other highly accurate invasive tests, this test poses no risk to the embryo. It can also be carried out early in pregnancy. Add these together and it is likely therefore to become popular with anyone who is prepared to use abortion as a way of choosing their child's sex.

"We need to think about this quickly because the technology is already with us," says Guetta. In the USA, for example, some mail order products already use this sort of technology.

"Should this new technology be applied 'just because it is there'?" asks Guetta.

Review Title: Guetta, E: Noninvasive detection of fetal sex: The laboratory diagnostician's view: Prenatal Diagnosis DOI: 10.1002/pd.1478

Sex selection - liberally ok, but not without problems

Sex selection fits with a liberal view of permission in reproduction, but using abortion as part of the process is much less defensible and is liable to degrade the value of human life. This is the conclusion of Thomas Baldwin who works in the Department of Philosophy at the University of York, England.

While there is reasonable acceptance of sex selection to help parents avoid passing on a genetic disease to their children, many surveys show that people do not welcome the possibility of sex selection merely to choose the sex of a child.

In order to understand the opposition to sex selection, Baldwin considers the arguments against sex selection in four key areas:

1. religion - Baldwin believes that religious arguments by themselves should not be used to drive public policy in a liberal secular state, but suggests that the main religiously-derived arguments are taken into account in secular ethical debates.

2. social consequences - some people argue that a serious objection to sex selection is that it will lead to a substantial imbalance of boys over girls within society. Baldwin, however, argues that if sex selection is primarily used for family balancing, the numbers of boys and girls in Western societies will not become unbalanced.

3. child's autonomy - it is argued that deciding a child's sex violates his or her autonomy by imposing a particular destiny on the child. Baldwin rejects this view largely by pointing out that there are many ways during our upbringing in which parents influence who we become. Sex selection is therefore not introducing something radically new, although it does extend parental influence into a new dimension.

4. children as a commodity - still others argue that sex selection turns the child into a commodity that has been designed to satisfy a need and thus that parents will not give their child the unconditioned love it needs. But the connections here are not inevitable, and it may equally be argued that enabling parents to have the kind of child they want increases the chances of them giving their child the love it needs.

Since these objections are not decisive, Baldwin concludes that the liberal argument for permitting sex selection is the reasonable position to take, though its use should be restricted for the moment to family balancing situations. When it comes to looking at methods of sex selection, Baldwin believes that there is nothing problematic in any method that does not destroy an embryo or fetus.

Once an embryo has been implanted and allowed to develop, however, termination of the pregnancy merely for the purpose of sex selection is in principle wrong. But he accepts that the combination of new non-invasive methods of testing with over the counter hormone abortion kits will make sex selection by early abortion something that is in practice impossible to stop.

"Since there are no straightforward victims, it is a mistake to try and enforce its prevention," says Baldwin. "We will just have to learn to live with the resulting degradation of the value of human life."

Review Title: Baldwin, T: Understanding the opposition: Prenatal Diagnosis, DOI: 10.1002/pd.1473

Will easier access to more effective sex selection affect gender balance? Probably not ..

Increasing ease of travel to countries with lax rules on sex selection makes it possible for wealthy couples to have a baby of the desired sex. But surveys that ask whether people would prefer to have a boy or a girl show that, at least in Western countries, the sex-ratio is unlikely to change considerably.

The desire to choose the sex of our offspring is not new - it has been part of human culture for millennia. However until recently there has been no successful method of achieving this goal.

Now that methods, like sperm selection and non-invasive methods of testing an embryo's sex, are becoming available, the issue is moving from one of mild interest, to one that needs serious consideration.

"It will be very difficult for governments to stop people who want to use these new techniques," says Frank van Balen who works at the Faculty of Social and Behavioural Science at the University of Amsterdam, The Netherlands. The question then is whether this use will alter the gender balance within the population.

Many initial comments suggest that these tools will create a population with more boys than girls, but van Balen thinks this is not necessarily the case.

While 'son preference' tends to be stronger that 'daughter preference', recent surveys show increased 'daughter preference' particularly among women. Given that abortion laws give the woman the decision-making power over a termination, the argument that sex selection should be barred because it would discriminate against women may not be so strong.

'Light' sex selection methods, especially those known not to be effective, enjoy a high degree of social acceptance. But it will also be interesting to see how attitudes change as people get used to the presence of technologies that 'work'.

Review Title: Van Balen, F: Attitudes towards sex selection in the Western world: Prenatal Diagnosis, DOI: 10.1002/pd.1471

Most people do not favour sex selection

Surveys conducted to date show that, overall, people have negative attitudes towards sex selection for non-medical reasons, particular if the method involves terminating a pregnancy. This was the main conclusion of a review that drew together data from 21 separate studies. The research was carried out by Dr Sue Hall and colleagues working in the Department of Psychology at Guy's College London.

"Some of the studies show that while people may be in favour of the general principle of reproductive choice, they feel that they would not use sex selection themselves," says Hall.

The surveys cover a range of time from 1971 to 2005. Sixteen were carried out in the USA, 4 in Germany and 1 in the UK. Attitudes were particularly negative in Germany.

"People's attitudes become more negative when the methods used to select the gender of a child are explained - eg the cost and effort involved, the unreliability of sperm sorting or the need for termination of pregnancy following prenatal diagnosis," says Hall. "People are particularly reluctant to endorse prenatal diagnosis and abortion for sex selection."

Earlier this month MP Caroline Flint declared that choosing the sex of a baby for social reasons would be banned and the Department of Health has been conducting a review of the 1990 Human Fertilisation and Embryology Act - the legislation governing human fertilisation.

"Such debates need to consider the way that policy, guidelines and legal frameworks drawn up to work with Western attitudes and cultures will impact regions of the world that have more positive attitudes toward sex selection such as India and China," says Hall.

Review Title: Hall, S: Attitudes towards sex selection for non-medical reasons: a review, DOI: 10.1002/pd.1472

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Notes to Editors

1. Special Issue: Prenatal Diagnosis: Fetal sexing: global perspectives on practices, ethics and policy.

2. Prenatal Diagnosis: The aim of the journal is to communicate the results of original research in a variety of clinical and scientific specialities concerned with in utero diagnosis of fetal abnormality in humans (and in animal models) resulting from genetic and environmental factors. Prenatal Diagnosis can be accessed online at: http://www.eurekalert.org/pub_releases/2006-07/www.interscience.wiley.com/journal/pd

3. John Wiley & Sons Ltd., with its headquarters in Chichester, England, is the largest subsidiary of John Wiley & Sons, Inc. Founded in 1807, John Wiley & Sons, Inc., provides must-have content and services to customers worldwide. Its core businesses include scientific, technical, and medical journals, encyclopaedias, books, and online products and services; professional and consumer books and subscription services; and educational materials for undergraduate and graduate students and lifelong learners. Wiley has publishing, marketing, and distribution centres in the United States, Canada, Europe, Asia, and Australia. The company is listed on the New York Stock Exchange under the symbols JWa and JWb. Wiley's Internet site can be accessed at http://www.wiley.com/

4. The Special Non-Invasive Advances in Fetal and Neonatal Evaluation Network (SAFE) is a Network of Excellence established under the European Commission Sixth Framework Programme which aims to implement routine non-invasive prenatal diagnosis and cost effective neonatal screening through the creation of long-term partnerships.

The SAFE network will develop a series of measures to enable the rapid introduction of Non-Invasive Prenatal Diagnosis (NIPD) and Neonatal Screening (NS) throughout the EU and beyond. At present NIPD , based on a pioneering observation that circulatory cell free fetal DNA is present in maternal plasma and serum, has already begun to impact clinical practice. It started on 1 March 2004, will run for 5 years and has 53 partners from 19 countries currently participating. One of the reasons for the setting up the network is that relevant knowledge is dispersed across many disciplines, including molecular biology, medical genetics, bioinformatics, social justice, and ethical studies. SAFE brings together leading experts from the key disciplines in a programme designed to achieve intellectual and practical integration with a view to enhance the efficacy of NIPD and NS for genetic disorders within and beyond the European Community. For more information please visit: http://www.safenoe.org/

Contact: Polly Young
John Wiley & Sons, Inc.

Federal Judge Rules Missouri Must Provide Transport For Pregnant Inmates Wishing To Have Abortions

U.S. District Judge Dean Whipple on Tuesday ruled that the state must provide transportation to clinics for pregnant inmates who wish to have abortions, the St. Louis Post-Dispatch reports (Mannies, St. Louis Post-Dispatch, 7/19). The Missouri Department of Corrections in July 2005 adopted a policy barring the use of tax dollars to transport prisoners to undergo abortions. Attorneys for a state prison inmate -- identified as "Jane Roe" in court papers -- filed a lawsuit in October 2005 asking a federal court to order the corrections department to transport the woman to a clinic for an abortion. Whipple agreed to the request. Attorneys for the Missouri Office of the Attorney General unsuccessfully appealed the ruling to the 8th U.S. Circuit Court of Appeals and the U.S. Supreme Court. The woman was about 17 weeks' pregnant and had been seeking an abortion for about seven weeks before she received one (Kaiser Daily Women's Health Policy Report, 10/25/05). The American Civil Liberties Union filed for a federal ruling to make the Jane Roe decision applicable to all pregnant women in the state, which Whipple agreed to, the AP/Houston Chronicle reports (Salter, AP/Houston Chronicle, 7/18).

Ruling, Reaction
According to the Kansas City Star, state officials cited security risks when setting the policy barring state-funded transport, but Whipple wrote in his ruling, "In this case, the undisputed evidence shows that inmates who chose to terminate a pregnancy and must be transported outside of prison for that purpose pose no greater security risk than any other inmate that requires outside medical attention." The state also had argued that paying for transport violated a Missouri law that says the state cannot assist in abortions. Whipple noted an 8th Circuit Court ruling in a previous case that said, "We cannot accept the conclusion that 'assisting' an abortion encompasses driving or escorting the patient to the location where the procedure is to take place." A spokesperson for state Attorney General Jay Nixon (R) said officials were examining the ruling and do not know if they will appeal it (Rizzo, Kansas City Star, 7/19). Gov. Matt Blunt (R) in a statement said, "This ruling violates our traditional Missouri values and is an affront to everyone that values the sanctity of human life. I urge the attorney general to fight this ruling that prevents the state of Missouri from protecting innocent human life." ACLU attorney Tom Blumenthal said, "This ruling reaffirms that the state's effort to curtail a woman's constitutional rights are futile and they're wasting time and money when they attempt to do so" (St. Louis Post-Dispatch, 7/19).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

Trial Postponed For Advocate Who Challenged China's One-Child Policy

Human rights advocate Chen Guangcheng's trial has been postponed, his attorney, Li Jinsong, said on Thursday, Reuters AlertNet reports (Beck, Reuters AlertNet, 7/20). Chen on July 17 was scheduled to go to trial in Linyi, China, county court in the country's Shandong province, Li said earlier this month. Chen is scheduled to face charges of "willfully harming public property" and "gathering masses to disturb traffic order" after attempting to expose alleged human rights abuses associated with the enforcement of the country's one-child-per-family policy. The policy seeks to keep China's population -- now 1.3 billion -- at around 1.7 billion by 2050. Ethnic minorities and farmers are the only groups legally exempt from the rule. Chen recorded testimony from men and women in communities in and around Linyi who have experienced forced abortions and sterilizations, as well as had family members captured and tortured after they tried to hide or run from authorities. He was attempting to bring a class-action lawsuit against the Chinese government for alleged human rights abuses associated with the enforcement. Chen in September 2005 was placed under house arrest for speaking with journalists, government officials and other advocates about the one-child policy. Chinese police formally arrested Chen in June for his attempts to challenge the policy (Kaiser Daily Women's Health Policy Report, 7/11). According to Li, the county court judge postponed Chen's trial because prosecutors demanded more evidence, Agence France-Presse reports (Agence France-Presse, 7/20). "This shows the Yinan county prosecuting court already realizes the evidence in the existing suit against Chen Guangcheng ... is not enough and needs supplementing," Li said (Reuters AlertNet, 7/20). He added that a new court date has not been scheduled (Olesen, AP/Boston Globe, 7/20). Authorities in Shandong have declined to comment on Chen (Agence France-Presse, 7/20). The U.N. Population Fund has raised Chen's case with the Chinese government several times, and senior U.S. officials also have urged the government to release him (Kaiser Daily Women's Health Policy Report, 7/10). The New York Times on Thursday profiled Chen and his legal struggle (Kahn, New York Times, 7/20).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

Antiabortion Group Protesting For Closure Of Jackson, Miss., Abortion Clinic Denied Restraining Order Against Police

U.S. District Judge William Barbour on Tuesday denied a request by the antiabortion group Operation Rescue/Operation Save America for a temporary restraining order against the Jackson Police Department for alleged First Amendment violations during the group's eight-day protest targeting the Jackson Women's Health Organization, the only abortion clinic in Mississippi, the Jackson Clarion-Ledger reports (Cogswell/Rupp, Jackson Clarion-Ledger, 7/19). Six abortion clinics have closed in Mississippi in the past decade, according to National Organization for Women Jackson Chapter President Michelle Colon. The Jackson clinic opened in 1995 and sees about 4,000 women a year, according to NOW President Susan Hill. OSA has said it is targeting the clinic this year to "send a message" to antiabortion advocates "that the battle to end abortion can be won" (Kaiser Daily Women's Health Policy Report, 7/17). OSA filed for the restraining order because it said the police department was treating abortion-rights opponents differently than abortion-rights supporters and did not take action when they received a complaint about violence against an OSA member. Barbour ruled that there was not enough evidence to prove the need for a restraining order. Stephen Crampton, an attorney representing OSA, said he plans to appeal the ruling to the 5th U.S. Circuit Court of Appeals (Jackson Clarion-Ledger, 7/19).

Protests
Police since the protest began on Saturday arrested 14 protesters, the AP/Biloxi Sun Herald reports. There have been reports of slashed tires, a bomb threat and other clashes between abortion-rights opponents and supporters (AP/Biloxi Sun Herald, 7/20). OSA members have been carrying signs and driving a bus that depict pictures of "bloody aborted fetuses," WLBT.com reports (Suares, WLBT.com, 7/19). Protestors on Tuesday outside the state capitol tore up copies of U.S. Supreme Court rulings related to abortion rights, religion in public schools and sodomy, as well as a gay pride flag and a copy of the Quaran, and later burned the items outside the Making Jesus Real Church in Pearl, Miss., according to OSA volunteer Pat McEwen (Gordon, Jackson Clarion-Ledger, 7/20). OSA on Wednesday in small groups protested at 23 locations in the Jackson area -- including the clinic, the police department, Millsaps College, a high school and the Clarion-Ledger office (Gates et al., Jackson Clarion-Ledger, 7/19). The group on Thursday planned to bury a fetus in a local public park, according to the Rev. Frank Pavone, national director of Priests for Life. Jackson police did not say if such a burial was legal, but Cmdr. Lee Vance said, "How somebody would come into possession of a fetus is a legal issue." The clinic on Thursday saw patients from 6 a.m. to 8:30 a.m., according to the Clarion-Ledger (Cogswell/Rupp, Jackson Clarion-Ledger, 7/20). However, National Women's Health Organization security consultant McCoy Faulkner said patients and staff had been verbally mistreated (Rupp/Gates, Jackson Clarion-Ledger, 7/20).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

Kansas City Star Examines Pregnancy Prevention Program Aimed At Drug Users

The Kansas City Star on Wednesday examined Project Prevention -- a program that offers financial incentives to illicit drug users if they agree to take long-term birth control or undergo sterilization surgery. The group's founder, Barbara Harris, started the program in 1998 in California under the name Children Requiring a Caring Kommunity, or CRACK. According to the Star, Project Prevention now has chapters in 27 states and has paid incentives to almost 1,900 drug users -- most of whom were white, female clients -- in 39 states. Clients can receive $300 annually if they agree to remain on Depo-Provera, a long-birth control shot that is administered every three months, the group says. Project Prevention also pays the same amount to female drug users who agree to undergo sterilization surgery, the Star reports. About 700 women have undergone sterilization surgery as clients of Project Prevention, according to the group. Clients are paid after the group receives paperwork proving they have followed through with the agreement. About 200 clients have enrolled this year in the program, and the group is seeking to end the year with at least 2,006 paid clients, the Star reports. Some critics are concerned the program "is racist, disproportionately focusing on minority women, and preys on people ill-prepared to make life-altering decisions, or those easily swayed by an offer of fast cash," according to the Star. Harris said, "People say we don't have a right to tell them how many children they can have," adding, "I disagree" (Shultz, Kansas City Star, 7/19).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.