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In 2003, Ob-Gyn Savita Khosla of Hackensack, New Jersey, agreed to pay $1.2 million to a couple and child after she failed to flag Fragile X syndrome, a form of mental retardation caused by a defective gene on the X chromosome. The mother felt entitled to sue Khosla because she indicated on a questionnaire that her sibling was mentally retarded and autistic, and hence Khosla should have known to perform prenatal screening for Fragile X so that she could abort the boy. Khosla settled, giving $475,000 to the parents and $750,000 to the child they wished that they had aborted.

Had the case gone to court, Khosla would have probably lost the suit. New Jersey has been notoriously welcoming to wrongful birth suits ever since the Roe v. Wade decision, after which New Jersey's Supreme Court announced that it would not "immunize from liability those in the medical field providing inadequate guidance to persons who would choose to exercise their constitutional right to abort fetuses which, if born, would suffer from genetic defects."

According to the publication Medical Malpractice Law & Strategy, "court rulings across the country are showing that the increased use of genetic testing has substantially exposed physicians' liability for failure to counsel patients about hereditary disorders." The publication revealed that many wrongful birth cases "are settled confidentially." And it predicted that doctors who don't give their patients the information with which to consider the eugenic option against disabled children will face more lawsuits as prenatal screening becomes the norm. "The human genome has been completely mapped," it quotes Stephen Winnick, a lawyer who handled one of the first wrongful birth cases. "It's almost inevitable that there will be an increase in these cases."

The combination of doctors seeking to avoid lawsuits and parents seeking burden-free children means that once prenatal screening identifies a problem in a child the temptation to eugenic abortion becomes unstoppable. In an atmosphere of expected eugenics, even queasy, vaguely pro-life parents gravitate towards aborting a disabled child. These parents get pressure from doctors who, without even bothering to ask, automatically provide abortion options to them once the prenatal screening has diagnosed a disability (one parent, in a 1999 study, complained of a doctor showing her a video depicting the rigors of raising an afflicted child as a way of convincing her to choose abortion), and they feel pressure from society at large which having accepted eugenic abortion looks askance at parents with disabled children.

The right to abort a disabled child, in other words, is approaching the status of a duty to abort a disabled child. Parents who abort their disabled children won't be asked to justify their decision. Rather, it is the parents with disabled children who must justify themselves to a society that tacitly asks: Why did you bring into the world a child you knew was disabled or might become disabled?

Andrew Kimbrell points out that many parents are given the complicated information prenatal screening yields with little to no guidance from doctors. "We're leaving parents with complete confusion. Numerous parents are told by doctors, 'We think there is some fault on the 50th chromosome of your child.' A number of polls have shown that people don't understand those odds."

"There is enormous confusion out there and nobody is out there to help them," he says. "This is a huge tangle. And it leads people to abort out of confusion: 'I guess I better abort, because I don't know. It sounds really bad and I don't know what the percentages mean.'"

THE NEW EUGENICS isn't slowing down but speeding up. Not content to wait to see if a child is fit for life, doctors are exploring the more proactive eugenics of germline genetic engineering (which tries to create desirable traits in an embryo) and Preimplantation Genetic Diagnosis (PGD), which is used to select the most desirable embryos after extensive genetic testing has been done before they are implanted in mothers' wombs.

"The next stage is to actually start tinkering genetically with these embryos to create advantages such as height," says Kimbrell. PGD is a "gateway technology" that will advance the new eugenics to the point "where children are literally selected and eventually designed according to a parent's desires and fears," he says. (Meanwhile, doctors are simultaneously reporting that children born through in vitro fertilization are experiencing higher rates of birth defects than the average population, suggesting that for every problem scientists try to solve through dubious means they create multiple new ones.)

Many countries have banned PGD. But American fertility clinics are offering it. Two-thirds of fertility clinics using PGD in the world are in the U.S., says Kimbrell. "Reproductive technology is an unregulated Wild West scenario where people can do pretty much anything they want and how they want it," he says.

Charles Darwin's cousin, Francis Galton, coined the term eugenics in the 1880s. Sparking off his cousin's theory of evolution, he proposed improving the human race through eugenics, arguing that "what nature does blindly, slowly, and ruthlessly, man may do providently, quickly, and kindly." As eugenics passes through each of its stages -- from sterilizing the enfeebled at the beginning of the 20th century to aborting the disabled at the end of it and the beginning of the 21st -- man is indeed playing God but without any of his providence or care.

Andrew Imparato of AAPD wonders how progressives got to this point. The new eugenics aimed at the disabled unborn tell the disabled who are alive, "disability is a fate worse than death," he says. "What kind of message does this send to people living with spina bifida and other disabilities? It is not a progressive value to think that a disabled person is better off dead."

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