Health Law

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REPRODUCTIVE TECHNOLOGY

SUBMITTED TO-Ms. A. Bansal

SUBMITTED BY-Syed Aqib Husain

B.A.LL.B.(Hons.)4th Year,8th Semester

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INDEX

Acknowledgement

Introduction

Meaning and Reasons of surrogacy

Surrogacy – International Scenario

Health Risks Associated with Surrogacy

Indian Scenario

Conclusion

Abortion as a Human Right

The Historic Decision of: Roe Vs. Wades (1973)

The Indian Perspective

Case laws in this regard

Right To Abortion Of The Mother Vs Right To Life Of The Unborn

Paternity testing

Types Of Paternity Testing

Answers To Frequently Asked Questions About Paternity Testing

ACKNOWLEDGEMENT

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The credit for the completion of this assignment goes to Almighty Allah and my Health Law

teacher Ms.A. Bansal who has devoted her precious time in the matter of this assignment.

I would also like to thank my family and friends who have helped me out in the making of this

assignment on ‘ .

Thanking All,

Syed Aqib Husain.

Introduction

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The Parents construct the Child biologically,

while the Child constructs the Parents socially.

The roots of surrogacy can be traced long back in Indian history. The world’s second and India’s

first IVF (In Vitro Fertilization) baby Kanupriya alias Durga was born in Kolkata on Oct. 3,

19781. Since then the field of assisted reproductive technology (ART) has developed rapidly. But

legally the laws related to surrogacy are still in the nascent stage. At present the agreement

between the parties based on the ART Guidelines are the guiding force. The codified law is yet

to be adopted and implemented. With the recent growth in the Intended parents opting for

surrogacy here, India has become the much sought after surrogacy destination. With the

acceptance of same sex marriages/union and the recognition of the basic human right to have

family and children has given rise to surrogacy manifold. However, at the same time nations all

across the globe are condemning commercial surrogacy as it results in commercialization of

human reproductive system and co modification of children. For it’s various socio–ethical

reasons, surrogacy has become a topic of deep interest amongst the government of different

nations, medico-legal luminaries as well as public at large.

EXPRESSIONS:

(a) Surrogacy:

Surrogacy is a method of reproduction whereby a woman (referred to as surrogate) agrees to

carry a pregnancy and give birth as a substitute for the contracted party/ies. Surrogacy may be

Natural (traditional / Straight) or Gestational.

(b) Natural (Traditional/ Straight) Surrogacy:

In traditional surrogacy the surrogate is pregnant with her own biological child, but this child

was conceived with the intention of relinquishing the child to be raised by others such as the

biological father and possibly his spouse or partner and thus the child that results is genetically

related to the Surrogate mother. The child may be conceived via sexual

intercourse, home artificial insemination using fresh or frozen sperm or impregnated via IUI

1 Subhash Mukhopadhyay who created the world's second and India's first child using in-vitro fertilisation

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(intrauterine insemination), or ICI (intracervical insemination)2, which is performed at a fertility

clinic. Sperm from the male partner of the 'commissioning couple' may be used, or alternatively,

sperm from a sperm donor can be used.

(c) Gestational Surrogacy:

In gestational surrogacy, a surrogate is only a carrier/female host and is not genetically or

biologically related to the child. The Surrogate is implanted with an embryo that is not her own,

and becomes pregnant with a child to which she is not the biological mother. After birth, the

surrogate relinquishes the child to the biological mother and/or father to raise, or to the adoptive

parent(s) (in which case, the embryo would have been a donated embryo). The surrogate mother

may be called a gestational carrier.

(d) Commercial Surrogacy:

Commercial Surrogacy is a form of surrogacy in which a gestational carrier is paid to carry a

child to maturity in her womb and is usually resorted to by higher income infertile couples who

can afford the cost involved or people who save or borrow in order to complete their dream of

being parents. This procedure is legal in several countries including India. Commercial surrogacy

is also known as ‘wombs for rent’, outsourced pregnancies’ or ‘baby farms’.

(e) Altruistic Surrogacy:

Altruistic surrogacy is a situation where the surrogate receives no financial reward for her

pregnancy or the relinquishment of the child (although usually all expenses related to the

pregnancy and birth are paid by the intended parents such as medical expenses, maternity

clothing, accommodation, diet and other related expenses).

Meaning and Reasons of surrogacy

Surrogacy is a method of assisted reproduction whereby a woman agrees to become pregnant for

2 the deliberate introduction of sperm into a FEMALE'S uterus or cervix for the purpose of achieving pregnancy through in vivo fertilization by means other than sexual intercourse

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giving birth to a child for others to raise. She may be the child's genetic mother

(the more traditional form of surrogacy) or she may be implanted with an unrelated embryo.

Having another woman bear a child for a couple to raises usually with the male half of the couple

as the genetic father is referred to in antiquity. In some cases, surrogacy is the only available

option for parents who wish to have a child that is biologically related to them. The word

"surrogate," is rooted in Latin "Subrogare" (to substitute), which means "appointed to act in the

place of." Altruistic surrogacy is where a surrogate mother agrees to gestate a child for intended

parents without being compensated monetarily in any way. In other words, this is in effect a free

surrogacy. Whereas, commercial surrogacy is an option in which intending parent offers a

financial incentive to secure a willing surrogate. Commercial surrogacy is a controversial method

of conception because people, governments and religious groups have questioned the ethics of

involving money in a child's birth. There can be several reasons behind surrogate pregnancy. For

instance, intended parents may arrange a surrogate pregnancy because a woman who intends to

be parent is infertile or unable to carry a pregnancy to term, e.g., woman with hysterectomy,

uterine malformation or with a history of recurrent abortions or any medical illness making her

pregnancy a risk to her own health. A female intending to be a parent may also be fertile and

healthy, but unwilling to undergo pregnancy. The agencies making arrangement for surrogacy

for the intended parents often help them to manage the complex medical and legal aspects

involved in process.

Surrogacy – International Scenario

Laws differ widely from one country to another. In England, commercial surrogacy

arrangements are not legal and are prohibited by the surrogacy arrangement act 1985. A

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surrogate mother still maintains the legal right for the child, even if they are genetically

unrelated. Unless a parental order or adoption order is made the surrogate mother remains the

legal mother of the child.

Status of surrogacy in USA

In USA, the surrogacy and its attendant's legal issues fall under state jurisdiction and it differs

from state to state. Some states facilitate surrogacy and surrogacy contracts, others simply refuse

to enforce them and some penalize commercial surrogacy. In Canada, the Assisted Human

Reproduction Act permits only altruistic surrogacy; surrogate mothers may be reimbursed for

approved expenses, but payment of any other consideration or fee is illegal.

Status of surrogacy in Australia

In Australia, all states (except Tasmania, which bans all surrogacy under the surrogacy Contracts

Act 1993) altruistic surrogacy has been recognized as legal. However, in all states arranging

commercial surrogacy is a criminal offense.

Status of surrogacy in South Africa

The South Africa Children's Act of 2005 enabled the "commissioning parents" and the surrogate

to have their surrogacy agreement validated by the High Court even before fertilization. This

allows the commissioning parents to be recognized as legal parents from the outset of the process

and helps prevent uncertainty.

Status of surrogacy in Asian Countries

In Japan, the Science Council of Japan proposed a ban on surrogacy and doctors, agents and

clients will be punished for commercial surrogacy arrangements. In Saudi, Arabia religious

authorities do not allow the use of surrogate mothers.

Health Risks Associated with Surrogacy

In the US, surrogates are given no more than two embryos for their safety, whereas in India,

surrogates are implanted with up to five embryos in order to increase the chances of pregnancy.

Using such a large number of embryos increases health risks for babies and the mother. Chances

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of post-partum depression of surrogates are more with the child that grew in mother's womb.

Pregnancy, birth and the post-partum period includes complications such as pre-eclampsia3 and

eclampsia, urinary tract infections, stress incontinence, hemorrhoids, gestational diabetes, life-

threatening hemorrhage and pulmonary embolism. Multiple pregnancy increases the likelihood

of requiring an operative delivery. A surrogate host of advanced maternal age has increased risk

of prenatal mortality, prenatal death, intrauterine fetal death, neonatal death. There is a greater

risk to the mother of pregnancy induced hypertension, stroke and placental abruption. When

hormones or drugs the surrogate is instructed to take, all drugs have side-effects. Many women

undergoing Artificial insemination also take fertility treatments, increasing the likelihood of an

adverse reaction and risks involved with the procedure.

Issues such as premature delivery, genetic malformation and infections which lead to increased

hospitalization of newborn are important issues to be considered in surrogacy contract.

Many surrogate mother's breastfeed the newborns during the first few hours following birth.

However, parents find difficulty in initiating the breast feeding and in establishing the bonding

between mother and child in case of surrogacy.

One of the major draw backs of induced lactation in most surrogates or adopting mothers rarely

produced the same quantity of breast milk as a new mother immediately following child birth.

This presents a problem in terms of infant nutrition.

Indian Scenario

The concept of surrogacy in India is not new. Commercial surrogacy or "Womb for rent," is a

growing business in India. In India, English speaking environment and cheaper services attract

the willing clients.

3 Pre-eclampsia is a disorder of pregnancy in which there is high blood pressure and either large AMOUNTS of protein in the urine or other organ dysfunction

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Future projections of surrogacy practice range from opportunity to exploitation - from rural

women in India uplifted out of poverty to a futuristic nightmare of developing country baby

farm. In case of surrogacy in India, it is hard to tell that whether these women are exercising

their own personal rights or whether they are forced to become surrogate mothers due to their

mother-in-law's or husband's desire to fulfill material and financial needs.

Opponents of surrogacy argue that the practice is equivalent to prostitution and by virtue of that

similarity; it should be disallowed on moral grounds. Surrogacy contracts are "dehumanizing and

alienating since they deny the legitimacy of the surrogate's perspective on her

pregnancy. Surrogate mother tries to avoid developing a special bond with the child in her and

views the pregnancy as merely a way to earn the much-needed money. The payment for bodily

services dehumanizes the surrogate mother and exploits her reproductive organs and capability

for personal gains of the wealthy.

In fact, outsourcing surrogacy is an exploitative practice in India. Currently, no law exists to

protect the surrogate mother in case of birth complication, forced abortion etc.

Since 2002, commercial surrogacy has almost become legal in India and India has become a sort

of leader in it. This is the reason that has led critics to allege that surrogacy business is exploiting

poor women in country like India already having high maternal mortality ratio. According to

estimates, which might be conservative - the business of surrogacy in India is already touching

$445-million a year.

Surrogate motherhood as an arrangement, in which a woman takes no ownership of the child

born, has raised moral, ethical social and legal questions about both woman and the

"Commissioned baby." According to legal experts

"...if surrogacy becomes an avenue by which women in richer countries choose poorer women in

our country to bear their babies, then it is economic exploitation, a kind of biological

colonization."

The Ministry of Women and Child Development is examining the issue of surrogate motherhood

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in India for bringing up a comprehensive legislation. A draft legislation on surrogacy-prepared

by the Indian Council of Medical Research (ICMR) has recommended strict penalties for

offenders and a tight regulation on Assisted Reproductive Techniques (ART). The draft law

restricts the number of embryo transfers a mother can go through to 3 times for the same couple,

if the first two attempts fail and it also adds that no woman should act as a surrogate for more

than three live births in her life. In fact, these are the only guidelines framed by the ICMR and

the Ministry of Health and Family Welfare in 2005. ICMR guidelines, states, "A relative, a

known person as well as a person unknown to the couple may act as a surrogate mother for

couple. In case of a relative acting as a surrogate, the relative should belong to the same

generation as the woman desiring the surrogate." The experts believe that surrogacy propels

childless couples needlessly toward commercial surrogacy. Section 3.10.5 of the guidelines

states that "a surrogate should be less than 45 years" being the upper age without mentioning the

minimum age to be surrogate. So does that mean an 18 year old or someone even younger, can

become surrogate mother? Before accepting a woman as a possible surrogate for a particular

couple, the ART Clinic must ensure (and put on record) that the woman satisfies all the testable

criteria to go through a successful full term pregnancy." These guidelines are skewed and

thoughtless. The bifurcated role of woman in surrogate arrangements is prompting renewed

assessment of the meaning of motherhood and designation of maternal rights.

CONCLUSION

In India, surrogacy is purely a contractual understanding between the parties so care has to be

taken while drafting agreement so that it does not violate any of the laws like, e.g., points to be

taken into consideration why does the intended parents opt for surrogacy, particulars of the

surrogate, type of surrogacy, mentioning about paternity in the agreement, the creation of

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registry for biological father of children in an adoption cases, rules set forth on how and when

genetic testing can be done to determine paternity, compensation clause, unexpected

mishappening to the surrogate mother, child's custody, regarding the jurisdiction for the disputes

arising out of agreement.

Indian government has drafted legislation in 2008 and finally framed an ART regulation draft

bill 2010. The bill is still pending and not presented in the parliament. The proposed law needs

proper discussion and debate in the context of legal, social and medical aspects.

The Indian system only recognizes the birth mother. There is no concept of DNA testing for

establishing paternity as far as the Indian legal system is concerned, i.e., the name on the child's

birth certificate has to be that of the birth mother and her husband. In 2008 the Supreme Court of

India in the Manji's case (Japanese Baby) has held that commercial surrogacy is permitted in

India and it has again increased the international confidence in going for surrogacy in India.

According to Kimbrell (1988) most women who get involved as surrogates do so because they

are in need of money. The surrogate mothers are often unaware of their legal rights and due to

their financial situation they cannot afford the services of lawyers.

Horsburgh (1993) believes surrogates are physically exploited once they have signed contracts

agreeing to give birth to babies for clients. To make matters worse, if the pregnancy is indeed

aborted, the surrogates often receive just a fraction of the original payment. The contracts can

also place liability on the mother for risks including pregnancy-induced diseases, death and post-

partum complications.

Foster (1987) states that many surrogate mothers face emotional problems after having to

relinquish the child. However, a study by Jadva et al. (2003) showed that surrogate mothers do

not appear to experience psychological problems as a result of the surrogacy arrangements.

Although it is acknowledged that some women experience emotional problems in handing over

the baby or as a result of the reactions around them, these feelings appeared to lessen during the

weeks following the birth.

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We conclude that the government must seriously consider enacting a law to regulate surrogacy in

India in order to protect and guide couples seeking such options. Without a foolproof legal

framework implementation couples will invariably be misled and the surrogates exploited

Abortion as a Human Right

Throughout history, induced abortions have been a source of considerable debate and controversy. An

individual's personal stance on the complex ethical, moral, and legal issues has a strong relationship with

the given individual's value system. A person's position on abortion may be described as a combination of

their personal beliefs on the morality of induced abortion and the ethical limit of the government's

legitimate authority.

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It is a woman's individual rights, right to her life, to her liberty, and to the pursuit of her happiness, that

sanctions her right to have an abortion. A women's reproductive and sexual health and shape her

reproductive choices. Reproductive rights are internationally recognized as critical both to advancing

women's human rights and to promoting development. In recent years, governments from all over the

world have acknowledged and pledged to advance reproductive rights to an unprecedented degree.

Formal laws and policies are crucial indicators of government commitment to promoting reproductive

rights. Each and every women has an absolute right to have control over her body, most often known as

bodily rights.

A woman has a right to abortion if:

# The continuance of the pregnancy would involve risk to the life of the pregnant woman greater than if

the pregnancy were terminated

# The termination is necessary to prevent grave permanent injury to the physical or mental health of the

pregnant woman

# The continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of

injury to the physical or mental health of the pregnant woman

# The continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, or

injury to the physical or mental health of any existing child of the family of the pregnant woman

# There is substantial risk that if the child were born it would suffer from such physical or mental

abnormalities as to be seriously handicapped.

# Or in emergency, certified by the operating practitioner as immediately necessary:

to save the life of the pregnant woman or to prevent grave permanent injury to the physical or mental

health of the pregnant woman.

The Historic Decision of: Roe Vs. Wades (1973)Roe v. Wade4 became one of the most politically significant Supreme Court decisions in history,

reshaping national politics, dividing the nation into "pro-choice" and "pro-life" camps, and inspiring

grassroots activism. This is a landmark United States Supreme Court decision establishing that most laws

against abortion violate a constitutional right to privacy, thus overturning all state laws outlawing or

4 410 U.S. 113 (1973)

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restricting abortion that were inconsistent with the decision. Jone Roe, the plaintiff wanted to terminate

her pregnancy because she contended that it was a result of rape. Relying on the current state of medical

knowledge, the decision established a system of trimesters that attempted to balance the state's legitimate

interests with the individual's constitutional rights. The Court ruled that the state cannot restrict a woman's

right to an abortion during the first trimester, the state can regulate the abortion procedure during the

second trimester "in ways that are reasonably related to maternal health," and in the third trimester,

demarcating the viability of the fetus, a state can choose to restrict or even to proscribe abortion as it sees

fit.

In response to Roe v. Wade, several states enacted laws limiting abortion, including laws requiring

parental consent for minors to obtain abortions, parental notification laws, spousal consent laws, spousal

notification laws, laws requiring abortions to be performed in hospitals but not clinics, laws barring state

funding for abortions, laws banning most very late term abortions. The Supreme Court struck down

several state restrictions on abortions in a long series of cases stretching from the mid-1970s to the late

1980s.

In the Supreme Court of Canada, interpreting Article 7 of the Canadian Charter which guarantees an

individual's right to life, liberty and freedom and security of a person. In the leading case of Morgentalor

Smoling and Scott vs. R5 , the Court focused on the bodily security of the pregnant women. The Criminal

Code of the country required a pregnant woman who wanted an abortion to submit an application to a

therapeutic committee, which resulted in delays. The Supreme Court found that this procedure infringed

the guarantee of security of a person. This subjected the pregnant woman to psychological stress.

Also, it is was also held in 1992 by the Supreme Court that a women has the same exclusive right to

abortion as to any to any other medical treatment. The prospective fathers have no right to be consulted

for the same.

The Indian Perspective

Indian law allows abortion, if the continuance of pregnancy would involve a risk to the life of the

pregnant woman or grave injury to her physical or mental health.

5 (1988) 44 DLR (4th ) 385

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Abortion is severely condemned in Vedic, Upanishadic, the laterpuranic(old) and smriti literature.

Paragraph 3 of the Code of Ethics of the Medical Council of India says: I will maintain the utmost respect

for human life from the time of conception.

The Supreme Court has said that the right to privacy is implicit in Article 21 of the Constitution and a

right to abortion can be read from this right.

The Medical Termination of Pregnancy Bill was passed by both the Houses of the Parliament and

received the assent of the President of India on 10th August, 1971. It came on the Statute Book as the

"The MTP Act, 1971". This law guarantees the Right of Women in India to terminate an unintended

pregnancy by a registered medical practitioner in a hospital established or maintained by the Government

or a place being approved for the purpose of this Act by the Government. Not all pregnancies could be

terminated.

Section 3 of the said Act, says that pregnancy can be terminated:

(1) As a health measure when there is danger to the life or risk to physical or mental health of the

women;

(2) On humanitarian grounds - such as when pregnancy arises from a sex crime like rape or

intercourse with a lunatic woman, etc. and

(3) Eugenic grounds - where there is a substantial risk that the child, if born, would suffer from

deformities and diseases.

It is submitted that a decision as to abortion may be entirely left with woman provided she is sane

and attained majority. Only in cases where an abortion may affect her life, her freedom may be

curtailed. All other restrictions on the right to abortion are unwelcome. True, a woman's decision

as to abortion may depend upon her physical and mental health or the potential threat to the

health of the child. Apart from these reasons, there are also various important factors. She or the

family may not be financially sound to welcome an addition. It may be a time when she wants to

change her profession, which requires free time and hard work. Her relationship with the husband

may virtually be on the verge of collapse and she may prefer not to have a child from him, for it

may possibly affect a future marriage. All these factors are quite relevant and the Indian statute

on abortion does not pay any respect to them. The law thus is unreasonable and could well be

found to be violative of the principles of equality provided under Article 14 of the Constitution. Is

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it desirable to pay compensation to woman for all her physical and mental inconveniences and

liabilities, which arises in that context. Finally it may be noted that the M.T.P. Act does not

protect the unborn child. Any indirect protection it gains under the Act is only a by-product

resulting from the protection of the woman.

Case laws in this regard:

D. Rajeswari vs State Of Tamil Nadu And Others6

The case, is of an unmarried girl of 18 years who is praying for issue of a direction to terminate the

pregnancy of the child in her womb, on the ground that bearing the unwanted pregnancy of the child of

6 1996 CriLJ 3795

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http://www.legalserviceindia.com/issues/topic1492-d-rajeswari-vs-state-of-tamil-nadu-terminate-the-pregnancy-of-unmarried-girl.html


three months made her to become mentally ill and the continuance of pregnancy has caused great anguish

in her mind, which would result in a grave injury to her mental health, since the pregnancy was caused by

rape. The Court granted the permission to terminate the pregnancy.

Dr. Nisha Malviya and Anr. Vs. State of M.P:7

The accused had committed rape on minor girl aged about 12 years and made her pregnant. The

allegations are that two other co-accused took this girl, and they terminated her pregnancy. So the charge

on them is firstly causing miscarriage without consent of girl. The Court held all the three accused guilty

of termination of pregnancy which was not consented by the mother or the girl.

Murari Mohan Koley vs The State8

In this case, a woman wanted to have abortion on the ground that she has a 6 months old daughter. She

approached the petitioner for an abortion. And the petitioner agreed to it for a consideration. But the

condition of the woman worsened in the hospital and she was shifted to another hospital. But it resulted in

her death. The abortion was not done.

Shri Bhagwan Katariya And Others vs State of M.P9: Abortion without mothers consent 2000.

The woman was married to Navneet. Applicants are younger brothers of said Navneet while Bhagwan

Katariya was the father of said Navneet. After the complainant conceived pregnancy, the husband and the

other family members took an exception to it and without her consent got the abortion done. The Court

opined that if we refer Section 3 of the Medical Termination of Pregnancy Act, 1971, a doctor is entitled

to terminate the pregnancy under particular circumstances and if the pregnancy was terminated in

accordance with provisions of law, it must be presumed that without the consent of the woman it could

not be done.

Right To Abortion Of The Mother Vs Right To Life Of The

Unborn

Many countries in which abortion is legal require that certain criteria be met in order for an abortion to be

obtained, often, but not always, using a trimester-based system to regulate the window in which abortion

7 2000 CriLJ 6718 (2004) 3 CALLT 609 HC9 2001 (4) MPHT 20 CG

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http://www.legalserviceindia.com/issues/topic1489-shri-bhagwan-katariya-and-others-vs-state-of-mp-abortion-without-mothers-consent.html

http://www.legalserviceindia.com/issues/topic1490-murari-mohan-koley-vs-the-state-criminal-liability-under-section-3-of-the-mtp-act-1971.html

http://www.legalserviceindia.com/issues/topic1491-drnisha-malviya-vs-state-of-mp-causing-miscarriage-without-consent-of-girl.html


is still legal to perform. In this debate, arguments presented in favor of or against abortion focus on either

the moral permissibility of an induced abortion, or justification of laws permitting or restricting abortion.

Arguments on morality and legality tend to collide and combine, complicating the issue at hand. Abortion

debates, especially pertaining to abortion laws, are often spearheaded by advocacy groups belonging to

one of two camps. Most often those in favor of legal prohibition of abortion describe themselves as pro-

life while those against legal restrictions on abortion describe themselves as pro-choice. Both are used to

indicate the central principles in arguments for and against abortion: "Is the fetus a human being with a

fundamental right to life" for pro-life advocates, and, for those who are pro-choice, "Does a woman have

the right to choose whether or not to have an abortion"

Arguments Against Abortion

Following are the arguments which favour prohibition of abortion by the pro-life activists

: · The issue of the fetus' life, which raises the question of whether one person's desire for autonomy can

extend to ending another's existence.

· The killing of innocent is a crime and the fetus is also an innocent life.

· Many women suffer significant emotional trauma after having an abortion.

· There is also some evidence that having an abortion may increase a woman's risk of breast cancer in

later life. Some other complications include damage and/or infection to the uterus and the Fallopian tubes

making a woman infertile. Menstrual disturbances can also occur.

· Aborting fetuses because they may be disabled sends an implicit message of rejection to people with

disabilities.

· Another argument is that an embryo (or, in later stages of development, a fetus) is a human being,

entitled to protection, from

the moment of conception and therefore has a right to life that must be respected. According to this

argument, abortion is homicide.

Arguments In Favour

Following are the arguments in favour of legalizing abortion:

· The first argument is of Bodily Sovereignty. Each woman has the sole right to make decisions about

what happens to her body - no one should force her either to carry or terminate a pregnancy against her

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will.· Most abortions are carried out on the grounds of safeguarding the woman's mental health.

· Other are situations where abortions is done to safeguard the life of a fetus, as it would involve risk if

pregnancy is carried, it might damage the fetus resulting in danger to the life of the mother.

· If abortion is banned, or just more restricted, we would return to the days of 'back-street abortions'. In

the past this has been accompanied by wild claims of the risk to women's health from these procedures.

The women resort to some unhygienic measures to abort the fetus.

Act of performing an abortion to save the mother's life when occurs, however, the rationale is not that the

fetus is seen to have less value than the mother, but that if no action is taken both will die. Aborting the

fetus at least saves the mother's life.

· If suppose abortion is banned, a woman does not want to carry her pregnancy, she would carry it and

then abandon the new born child. This would be more dangerous to the life of the baby. Thus, it is better

to terminate the pregnancy at an earlier stage.

Although in ancient and primitive times there were widespread practices of abortion and infanticide

among savage, semi-civilized and even sophisticated races, the later period provided a better status to the

unborn children. This is evident from the punishment and compensation provided in Old Testament for

hurting a pregnant woman. The unborn was treated as equal to human being at least for the purposes of its

protection. But as times have brought about revolutionary changes, each person has a right to bodily

sovereignty and Human rights instruments protect such rights internationally. Thus it becomes important

to secure the right to abortion to every woman.

Paternity testing

Paternity testing can determine whether or not a particular man is the biological father of a

child. This procedure involves collecting and examining the DNA of a small sample of bodily

fluid or tissue from a child and the potential father.

.

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Determining a biological relationship is important for several reasons:

To establish legal and social benefits, including social security, veteran’s, and

inheritance benefits.

Provides an accurate medical history for the child, giving the healthcare provider

additional insight during diagnosis and in managing the child’s health.

Strengthens the bond between biological individuals, such as father and child.

If you are pregnant, most states have laws that require an Acknowledgment of Paternity

form to be completed at the hospital to legally establish who the father is. After the

AOP is signed, couples have a limited amount of time, depending on the state, to

request DNA paternity test and amend the AOP. This form is filed with the Bureau of

Vital Statistics and is a legally binding document. If the time allowed for amending this

form expires, the father listed as the AOP and birth certificate could be held legally

responsible for the child, even if he later proves he is not the biological father.

Some states require an unmarried couple to have a paternity test to list a father’s name

on the birth certificate. If the mother is married to someone other than the father of the

child, the husband can be presumed to be the father and listed on the birth certificate as

the legal father, unless otherwise disputed by a paternity test.

Types Of Paternity Testing

Postnatal testing, after a child’s birth, is done through an umbilical cord collection at

the time of delivery or a sample collected at a lab after the baby is released from the

hospital. Either a buccal (cheek swab) or a blood collection can be performed.

For prenatal testing, or testing done during pregnancy, there are several options to

choose from:

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Non-Invasive Prenatal Paternity (NIPP): A non-invasive prenatal paternity test is the

most accurate non-invasive way to establish paternity before the baby is born. The

process is state-of-the-art, combining the latest technology and proprietary methods of

preserving and analyzing the baby’s DNA found naturally in the mother’s bloodstream.

This test requires only a simple blood collection from the mother and alleged father and

can be performed any time after the 8th week of pregnancy. The test is99.9% accurate.

Amniocentesis : This test is performed in the second trimester, anywhere from the 14th-

20th weeks of pregnancy. During this procedure, the doctor uses ultrasound to guide a

thin needle into your uterus, through your abdomen. The needle draws out a small

amount of amniotic fluid, which is tested. Risks include a small chance of harming the

baby and miscarriage. Other side effects may include cramping, leaking of amniotic fluid,

and vaginal bleeding. A doctor’s consent is needed to do this procedure for paternity

testing.

Chorionic Villus Sampling (CVS): This test consists of a thin needle or tube which a

doctor inserts from the vagina, through the cervix, guided by an ultrasound, to obtain

chorionic villi. Chorionic villi are little finger-like pieces of tissue attached to the wall of

the uterus. The chorionic villi and the fetus come from the same fertilized egg, and have

the same genetic makeup. This testing can be done earlier in pregnancy from the 10th-

13th weeks. A doctor’s consent is needed to do this procedure for paternity testing.

Answers To Frequently Asked Questions About Paternity Testing:

How soon can the testing process be started?

DNA testing can be done as early as the end of the first trimester of pregnancy, starting

in the 10th week by the CVS procedure or week 9 with the SNP microarray procedure.

Are test results kept completely confidential?

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It is a rule of most DNA laboratories to keep your results completely confidential.

Speak with each laboratory individually on their policies concerning confidentiality.

What risk does DNA testing pose to the mother and the developing baby?

Testing conducted after a baby’s birth involves no known risks. Historically, prenatal

DNA testing done in conjunction with other prenatal testing involves some risk

associated with how the testing is conducted, whether amniocentesis or CVS. These

tests are often discouraged for the sole reason of seeking paternity because of the

increased miscarriage risks. However, the non-invasive SNP microarray procedure

poses little risk to mom or the baby.

Can an exact date of conception be determined accurately without a paternity test?

Many women have questions about the date of possible conception, and unfortunately

figuring this out is not always so easy. The assumption is that if a woman has pretty

regular menstrual cycles , then she will be ovulating during a certain time of the

month. Ovulation is the time when conception can take place because that is when an

egg is made available. The problem is that most women do not ovulate on an exact date

each month, and many women have a different ovulation day from month to month.

If you also take into account that sperm can live in the body 3-5 days after

intercourse has taken place, this can make figuring out conception very difficult. Most

doctors use the first day of the last period (LMP) and ultrasound measurements to gage

the gestational age of a baby and determine when the baby was conceived. But these are

just tools used to estimate the dates—it is very hard to tell what the exact date of

conception really is. Most people do not realize that ultrasounds can be off up to 5-7

days in early pregnancy and up to a couple weeks off if the first ultrasounds are done

farther into the second trimester or beyond.

Due dates are not an accurate tool for determining conception since they also are only

an estimation date (only 5% of women give birth on their due dates). If you are seeking

the estimated date of conception for paternity reasons, and intercourse with two

different partners took place within 10 days of each other, we strongly encourage that

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paternity testing be done; this testing can be done during pregnancy or after the baby is

born. This is the only way to accurately know who the father is.

How much does it cost to establish paternity?

Costs will vary dependent on which types of procedures are performed. Prices can range

from $400.00 to $2,000.00. Prenatal testing is often more costly than testing done after

a baby is born because of the additional doctor and hospital-related fees. Some testing

sites offer lower cost testing that is non-court-approved, or “curiosity testing.” Most

centers offer payment plans and will require full payment before they release the results

to you. The new SNP microarray procedure will cost approximately $1,600.

Can DNA test results be used in court?

Many centers now offer court-approved tests, but also lower cost “curiosity testing.” If

you aren’t sure if you will need the results for a court case, it is probably worth the

extra cost to go ahead and have a court-approved test done.

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