The hypothesis of paternal rights and fetal rights emerged in a bid to control women's exercise of their reproductive rights. Of these, fetal rights have posed critical jurisprudential challenges to the perception of women's rights to control their fertility. The debate has also raised the ethical issue of whether a fetus has any rights, and if so, when is a fetus a viable; does a fetus have "personhood" Fetal "personhood" has become a tool to challenge women's rights of self-determination with respect to their bodily integrity. This paper attempts to examine the extent to which a woman has such a right of self-determination with respect to fetal/child rights.
Two United States Supreme Court decisions, Griswold v. Connecticut and Roe v. Wade, paved the way for women's reproductive rights and freedom by establishing that the right to privacy, though it did not originate in reproductive rights cases, included a woman's right to make her own private and personal decisions about her reproductive choices. In particular, it was held in the Roe vs. Wade (Roe v. ...Show more