Editorial - Why are abortion advocates afraid of informed choice?
The polarising issue of abortion has come to the fore again, triggered by the Abortion Supervisory Committee’s annual report to Parliament. Despite the ASC chairwoman saying that the committee had no opinion on major reform of the abortion laws – that it was solely a matter for parliament – many commentators who want further liberalisation have taken the opportunity to lambaste the current law, labelling it a legal obstacle course, archaic, hypocritical, a charade, cumbersome, and intrusive.
The simple solution, they say, is abortion on demand – no need to ask any questions. As articulated by David Seymour MP: “The right thing to do is reform abortion law to reflect what actually happens: women exercise choice for their own reasons.” He and others argue that the current law disempowers women. As one blogger wrote: “At the heart of it all is a distrust of women, innit? … a failure to understand that women are full moral adults.”
The debate that has ensued highlights an important point: the current abortion law is being consistently undermined by the way in which it is being implemented. This is what undoubtedly leads supporters as well as some opponents of abortion to label the present regime as hypocritical.
While the debate raises many interesting questions, the one critical question not often asked is whether removing the procedures that are part of the current law will in fact lead to better choices and better outcomes for women contemplating an abortion.
Our choices are limited by the constraints of our knowledge and context. These constraints generally take two forms: (i) a lack of proper information and (ii) the presence of coercion. Informed and free consent based on full, balanced and factual information, while allowing time to adequately consider that information, is the ‘sine qua non’ for making quality choices.
Research into the potentially negative health effects of abortion is characterised by claims and counter-claims. For example, research reported by the Health Research Council of New Zealand (by Professor David Fergusson of the University of Otago’s Christchurch Health and Development Study, 2008) suggests “women who undergo an abortion face a 30 per cent increase in the risk of developing common mental health problems such as depression and anxiety.” Conversely, other overseas studies have concluded that the rates of mental health problems for women with an unwanted pregnancy were the same whether they had an abortion or gave birth. Academically speaking, the question of potential harm to women remains a contested one.
The strongest evidence that there are real negative health effects following an abortion arises out of the day-to-day work done by clinical psychologists and counsellors. Their consistent experience is that they encounter many women whose mental well-being has been adversely affected on a number of levels by their experience of abortion.
Further reflection on “what actually happens” to women who have had abortions highlights the reality of coercion. Many women, after the event, report feeling that they had no other option at the time but to proceed, often because of pressure from parents, partner and/or peers. At times this pressure is also experienced as coming from staff at the Termination of Pregnancy Units. For other women, the pressure they feel is generated by employment or social factors. In the words of another commentator, in such situations, the decision for an abortion is best described as a tragic response to lack of choice.
Section 14 of the Contraception, Sterilisation and Abortion Act, which details the functions of the Abortion Supervisory Committee, states that they are “to take all reasonable and practicable steps to ensure that sufficient and adequate facilities are available throughout New Zealand for counselling women who may seek advice in relation to abortion.” When women repeatedly recount they were offered five to ten minutes with a social worker before the abortion ‘if you want it’, and when there is reliable evidence that abortions are signed off by some consultants over the phone with no face-to-face interview, it is hard to argue that this provision is being properly implemented.
In which case, it becomes impossible to argue that the current New Zealand practices surrounding abortions consistently promote informed and free choice.
There is surely no greater expression of “distrust of women” than society paternalistically deciding, whether through law reform or the inadequate implementation of its current laws, to censor the information provided to women contemplating an abortion. Equally, it is surely also a failure of care to neglect to put in place mechanisms that can help women contemplating an abortion to recognise and deal positively with any feelings of ambivalence as well as the actualities of coercion.
It is in the interest of free and informed consent and empowerment that all women are offered independent counselling that addresses the coercive realities surrounding many abortions and which makes them aware of all the risks as well as all the options they have. Honest reflection on what is actually happening only reinforces the fact that abortion on demand will not achieve this.
If as a society we truly want to respect choice, then why would we be afraid of promoting free and informed consent?
Cynthia Piper has over 20 years’ experience as a trained volunteer lay counsellor working with pregnant women and teens and their families, and with Project Rachel, a post-abortion healing and support service.
Dr John Kleinsman is director of The Nathaniel Centre.
Abortion and God’s Mercy and Grace
By Amanda Bradley
I have been an Anglican Priest for many years, also a contributor to Project Rachel in the form of counseling those who wish to come for reconciliation following a termination of pregnancy.
Over the years, I have spoken with, and listened to, many young women, and some men, for whom the experience of an abortion is new and raw. However, I have also met those for whom the experience is years old but has never gone away. One such meeting was with a woman of 93, in a Rest Home, who was very much afraid to die. I had been called by staff of the Home to speak to her because of her fear of dying.
She felt that God could never forgive her for a ‘sin’ she said she had committed more than 75 years previously. As an 18 year old student she had met a 20 year old man and they had fallen in love. She had become pregnant.
She did not know she was pregnant until after she experienced bouts of nausea and had fainted several times at her home where she lived with her father and stepmother. The doctor was called and the pregnancy was subsequently discovered.
The decision was then made that the doctor would carry out a termination at home and nobody would be any the wiser. This was carried out, she was forbidden to see the young man again and she was told, by the stepmother, that she would be going to hell for killing a child.
Some 4 years later this woman met her young man again, married him and they had many happy years together, as well as 5 lovely, successful children who, at the time I met her, were all middle aged.
Neither her husband nor her children knew about her abortion. Neither did this woman share her burden with anyone else. She lived all those years with the fear of a vengeful God waiting for her when she died. We talked at some length about the nature of God and of God’s forgiveness, mercy and grace. Eventually she agreed to tell her daughter in law, a school counselor, about her experience of so long ago. This she did, along with others in the family. Her family were all very supportive and sad that their mother had had to carry this burden alone for so long.
She died soon after, peacefully and unafraid.
Before she died she gave me permission to tell her story to anyone whom it might help.
I buried her, moved out of the family’s lives and changed parishes but I have often recalled this woman and given thanks that I can freely share her story to assist others.
During my next period of ministry, I attended a large church gathering of clergy and lay people where the subject of abortion, among other things, was raised. Some very judgmental opinions were voiced by a number of attendees and various punitive measures proposed by some. Eventually, I felt called to go to the microphone to tell the audience of my experience of Project Rachel. I reminded them of forgiveness, reconciliation, redemption and the mercy of God.
At lunch three women approached me. Two were tearful, admitting that they had each had an abortion when very young. The other shared sending her 16 year old daughter to Australia via SOS (Sisters Overseas) to terminate her pregnancy.
The four of us missed the next session as we talked together. All three expressed their gratitude that, after living for many years in silence, they had at last found an opportunity to tell someone about their regrets. I reminded them, as I gave them the prayerful absolution they craved, that God was waiting in the wings for them to turn to him in prayer and always had been. We then shared a time of prayer and while I felt gratitude that I had helped these women move on, yet I was saddened to see that all three had removed their name tags, not fully trusting me with who they were.
These were women who were very active in the church, in responsible positions, purporting to bring the love of God to others, yet they still could not fully trust God with their regrets or a priest working for Project Rachel with their identities. Work in the church-yes; prayers for others-yes; abortion details- yes; reveal their names- no.
It makes me think: ‘Just how many more women and men are out there living needlessly with such burdens?’
Rev Amanda Bradley is an Anglican priest who has worked as a nurse, taught at university, was a foster mother to seven children, and has worked with and counselled men and women post-abortion. Amanda and has been associated with Project Rachel for a number of years.
Abortion Trauma, Grief and Healing
It is argued by some that the politics surrounding abortion have contributed to the lack of consensus in in the literature regarding post-abortion experiences, in particular whether some women’s subsequent mental health struggles were connected to other factors in their lives rather than their experience of having an abortion (see Dawn de Witt, Issue 51 of The Nathaniel Report).
One of the risks of denying post-abortion trauma is that it can add to the shame and stigma women might already experience and it can leave them with unacknowledged grief, a grief they may be told or may feel, is unreal. “At present health professionals are not being trained to diagnose, treat or prevent abortion trauma, and are generally reluctant to investigate when problems arise subsequent to an abortion, offering at best, symptomatic treatment (or worse, further traumatizing and isolating the sufferer). Therapists who are concerned about abortion trauma, not unreasonably fear being professionally attacked or isolated (particularly from those with a ‘personal investment’ in the safety of abortion) if they speak publicly or professionally of their concerns. Consequently, most women and men traumatised by abortion, have no access to the professional help they need”.1 Moreover, as pointed out in the same article “abortion referral agencies and institutions, because of their role in facilitating denial and dehumanising the unborn, have a conflict of interest, and are inappropriate venues for abortion grief therapy”.
Many women are at risk of experiencing long-term emotional, spiritual, psychological, and relationship difficulties post-abortion but the lack of recognition of these experiences means they are unable to access the support they need.
Some agencies that specialise in providing support are listed below.
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Endnotes
- “Post Abortion Syndrome. The Silent Suffering” available at: https://www.abortiongrief.asn.au/abortion-trauma.php
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Project Rachel
Project Rachel is a confidential ministry for anyone who desires healing after being impacted by abortion. This includes the mothers and fathers of children lost to abortion, grandparents and other relatives, health care providers, and many others. Abortion crosses all boundaries of religion, race, age and socio-economic position.
Project Rachel's mission is to provide a confidential and compassionate ministry that offers resources for spiritual, emotional, and psychological healing to anyone who has been impacted by abortion regardless of faith background. We strive to convey God's forgiveness and mercy in order to restore and empower lives.
See: http://www.fli.org.nz/project-rachel
0800 111 811 (free call)
or text/call: 027 299 9815
Pregnancy Help
Practical support and advice to prepare for parenthood te tautoko me te tohutohu awhina mō te mātuatanga.
See: This email address is being protected from spambots. You need JavaScript enabled to view it.
Pregnancy Help
PO Box 12000
WELLINGTON, 6144
P.A.T.H.S. Post Abortion Trauma Healing Service
See: http://www.postabortionpaths.org.nz
0800 728 470
This email address is being protected from spambots. You need JavaScript enabled to view it.
Pregnancy Counselling Services
http://www.pregnancycounselling.org.nz
0800 773 462
Text: 021 289 8727
Editorial - Allowing Grace to Catch Up
Michael McCabe
At the 2015 Synod on the Family held in Rome, there was considerable reflection on the moral principle of gradualism, a principle whose roots lie in the thinking and writing of Blessed Paul VI and which has been further developed by Saint John Paul II in Familiaris Consortio (nn. 9 & 34) and Pope Francis in Amoris Laetitia (nn. 295 & 300).
Simply put, people grow in different ways and at different times on their faith journey – and that is just as true for each community as it is for each person. The personal and pastoral challenge for each of us is living with that reality; living with ourselves and living with it in our relationships, our families, our faith communities and society.
The key moral question is how to retain compassion and charity towards those who think and act differently to us? Do we run away? Do we seek out a like-minded group? While flight is necessary for our soul’s growth at times, it does not always lead to growth, compassion, better understanding or wisdom simply because we may be avoiding a deeper issue.
The Gospel passage about the two sons, Matthew 21:23-32, provides a picture of gradual growth:
‘What do you think? A man had two sons; he went to the first and said, ‘Son, go and work in the vineyard today.’ He answered, ‘I will not’; but later he changed his mind and went. The father went to the second and said the same; and he answered, ‘I will go, sir’; but he did not go. Which of the two did the will of his father?’ They answered, ‘The first.’
In his commentary on this Gospel passage, Father Michael Hayes, tells the story of a Catholic High School teacher who was running into difficulty presenting the Catholic position on abortion to her class. The students seemed to be rejecting the viewpoint that she was presenting, so she asked the school’s guidance counsellor for help. He began his presentation to the students by saying how difficult the practical decisions surrounding abortion can be. The counsellor also spoke of the need for compassion and charity when people make decisions we cannot accept.
At that point the students seemed to change their response. They had no difficulty in acknowledging the objective wrong of abortion. But, unbeknown to their teacher, the issue that had tied them in knots was a classmate who had recently had an abortion – they did not want to turn their back on their friend.
So what seemed to be a ‘No’ for an issue of faith and morality actually contained a ‘Yes’ hidden within – a ‘Yes’ to compassion and charity.
Reading that story reminded me of a couple who called the Presbytery one Saturday morning. The woman, from Europe, was in the early stages of pregnancy. I agreed to meet her and her partner in the chapel. They wanted to talk with me about having an abortion. Their relationship had ended and she was returning to Europe the following week and had already booked into Auckland Hospital for an abortion on the Monday morning. I listened to them both and we prayed. I then asked if I might give them both the Sacrament of Anointing. They agreed to that. The woman told me that this sacrament would not change her mind. It would be her decision, and hers alone. I simply replied, as I have in similar cases, “I pray, that whatever you decide, and fully respecting your conscience, that this child will be a blessing to you both…”
They both cried during the anointing and asked me to leave them in the chapel. That Saturday, a grey wet day, I later saw them out walking and I again prayed for them and their baby.
The woman called me later that week to thank me. She had flown to Auckland to have the abortion. While on the gurney, waiting to go into the theatre, she hopped off the trolley, went back to her room, got dressed, and discharged herself. She had decided to keep the baby. Her former partner had promised to help her raise it, even while they both acknowledged their relationship was finished. She was returning to Europe. She then said, “I never want to see you again but I do want you to know how grateful I am for your time and for the Sacrament of Anointing.” She added that she still felt “very raw” and faced an “uncertain future” but knew she had “made the right decision" and was at peace.
So, what looked like a ‘No’ was actually a ‘Yes’ masking as a ‘No.’
In the Gospel parable, the first son changes his mind. In other words, he allows God’s unfailing grace to catch up with him.
I think it was the same for that woman and her former partner. Likewise with the High School class and likewise for ourselves. In reaching out to those on the peripheries, and in our own moral development, the gradual responding to grace takes time and requires great wisdom.
Rev Michael McCabe (PhD) is founding director of The Nathaniel Centre and Parish Priest of Our Lady of Kapiti Parish
The Buttons Project – Towards healing from abortion
Marina and Peter Young
The Buttons Project aims to create an opportunity for those affected by abortion – mothers, fathers, grandparents, siblings and friends – to share their stories. It was launched in 2008 by a couple, Marina and Peter, who had themselves experienced the grief and healing of abortion and wanted to do something to help others heal after their abortions.
Their dream was to encourage those affected by abortion to send in a button in order “to commemorate the babies we never met”. Why buttons? They are easy to find and send; each one can be unique; they are long-lasting; buttons symbolise closure; and buttons join, they ‘bring together’ - ‘we are not alone’.
Marina explains that people who have had an abortion can no longer hold their baby and tell that lost child what they want to say, but they can hold a button. A button allows people to share their stories and to also create a memorial for their babies lost to abortion.
Marina and Pete tell the stories of their own abortion journey in a booklet The Unforgotten Babies. In Marina’s words: “I have walked a long road of grace, forgiveness and healing. But how do others find some closure and healing? Where do they turn for help? Abortion is often a taboo subject, no one wants to talk about it or acknowledge the aftermath of abortion. So, to avoid judgement, too many struggle on their own. It becomes a deep dark secret which affects who they are … My dream was – and remains – to collect thousands and thousands of buttons to create an amazing memorial. It will be a place to visit without judgement, a place to remember, to imagine, to grieve, and to then move on from with some peace and healing … For many, abortion is a life-changing event. Abortion can harm women and yet there are individuals and groups who refuse to acknowledge this, or minimise it, seeming to place the right to obtain an abortion at a higher priority than the long-term health and welfare of women. There is much I could discuss with those people, and much we would probably disagree on, but I do want to say this: ‘Whatever your beliefs are, we need to walk gently in people’s lives as we do not know the journey someone has travelled, or the choices the woman had to choose from, that brought her to having an abortion’.”
Peter tells his own story of experiencing abortion and the different way in which he managed or tried to manage his own reaction to it: “… we thought it was the best thing to do: do it, then leave this unfortunate incident behind us and get back on our road to future happiness. I was completely naïve to what was about to unfold … I realised I needed to acknowledge my failings, admitting my mistakes and seeking Marina’s (and Hope’s) forgiveness, for not being their support and their protector in that situation … The Buttons Project is the beauty from the ashes in our life.”
Over 20,000 buttons have been sent to the Button Project, some arriving anonymously, some carefully wrapped, and many with stories and comments. The Buttons Project website, https://www.buttonsproject.org/ includes picture of some of these buttons with their personal messages. While most messages are from the mothers, many are from aunts or siblings of those lost to abortion as well as from friends of the mother, persons whose grief is either not recognised or forgotten.
Marina and Peter have named their baby ‘Hope’: “The button and her name represent hope for the future, peace now, and freedom from the past. It is for closure, and to commemorate something that was part of us.”
To order a copy of Marina and Peter’s booklet, “The Unforgotten Babies”, please email Marina on: This email address is being protected from spambots. You need JavaScript enabled to view it. or order through https://goo.gl/forms/g0LPL8ioaSZ3AmDg1
Have your say on proposed abortion law reform
The Law Commission has been asked to provide advice on the possible changes to New Zealand's law concerning abortion. The Law Commission will conduct a review and report back to the Minister of Justice.
The Law Commission is inviting feedback from the public about the law change. Input can be provided until 5pm on 18 May 2018.
Information about the current law is available at: http://abortionlaw.lawcom.govt.nz/
The link to online feedback is: http://abortionlaw.lawcom.govt.nz/views/
A submission guide is available at: http://www.chooselife.org.nz/wp-content/uploads/2018/04/Law-Commission-Submission-Guide.pdf
Other information:
A Curia Poll:
https://www.familyfirst.org.nz/wp-content/uploads/2018/01/Abortion-Poll-Results-January-2018.pdf
Abortion and Women's Health: https://www.spuc.org.uk/~/media/Files/Abortion-and-Womens-Health_April-2017.ashx
Abortion Supervisory Committee Annual Report 2017: https://www.justice.govt.nz/assets/Documents/Publications/ASC-Annual-Report-2017.pdf
Some Resources:
the Buttons Project
https://www.buttonsproject.org/
Pregnancy Help: This email address is being protected from spambots. You need JavaScript enabled to view it.
P.A.T.H.S. Post Abortion Trauma Healing Service
http://www.postabortionpaths.org.nz
Pregnancy Counselling Services
http://www.pregnancycounselling.org.nz
Submission to ACART on Proposed Changes to Donation Guidelines and Surrogacy
Staff of The Nathaniel Centre
In September 2017 the Advisory Committee on Assisted Reproductive Technology (ACART) sought public feedback on its proposal to replace four separate guidelines with one that would cover the four procedures of: family gamete donation, embryo donation, the use of donated eggs with donated sperm, and clinic-assisted surrogacy. The most significant policy shift being proposed was to rescind the “biological link” requirement that currently underpins all four donation guidelines. The Nathaniel Centre’s submission to ACART focused on that key issue. A summary of our submission is printed below.
Background
A Catholic approach to the transmission of human life is characterised by two key beliefs: the inviolable dignity of the human person and, flowing from that, a belief that the context in which humans are conceived and the means that are used to conceive can positively or negatively impact on this dignity. This means that children must be conceived in a way which shows that they are respected and recognised as equal in personal dignity to those who give them life. This rules out actions which instrumentalise or treat the child as an object (commodity), whether intentionally or otherwise.
At the emotional, psychological and spiritual levels we all need to experience ourselves as ‘contingent beings’; that is, as beings who came about in a ‘fortuitous’ way – conceived in a way that is free from the manipulation of others, conceived for no other reason than love and out of love. Morally speaking, such a love can be described as ‘disinterested’ and ‘selfless’, as focussed overwhelmingly on the needs and well-being of the child to be born. A disinterested and selfless love calls for parents to accept children as ‘gifts’ without introducing a conditional element into their acceptance into a family. Technological interventions that allow parents to exercise ever greater control and dominance over the sorts of children that are born potentially create a very different context for human procreation.
As philosopher Jurgen Habermas notes:
To impose your preferences upon a potential person is to treat that person as an object, a thing made, rather than to treat as a subject, an autonomous individual. To impose upon another a decision about his genetic composition according to your own preferences is to treat a person as a creature of your preferences, and to constrain that person’s ability to self-actualise. It is to adopt an attitude of domination, of instrumentalising.1
The Significance of Biological Ties
We focused our feedback on one key issue – the significance of a biological connection between parents and the children they raise.
We are greatly concerned about the proposed move to rescind the biological link policy, which, because it radically redefines the traditional understanding and structure of the human family, has broader societal consequences that generate important questions not raised in the Consultation Document.
Our strongly held view is that the requirement for a gestational or genetic link between intending parents and a resulting child must be retained as part of the guidelines governing the use of assisted reproductive technologies.
The recommendation that all biological links be rescinded is premised, we argue, on a lack of regard for the personal/emotional, cultural, societal and spiritual significance of being raised by those to whom we are biologically connected/related and constitutes a lack of respect for the dignity of the child to be born.
It is one thing to accept that there are situations in which a birth parent or parents cannot care for their biological child and doing the (next) best thing that promotes the best interests of that child, as occurs with adoptions, but it is quite something else to intentionally set out to deprive children of the right to grow up in their biological families.
To minimise the significance of biological connection for an individual’s overall well-being and identity in favour of the needs and desires of adults for whom donated gametes/eggs represents the “best or only” opportunity to have a child, effectively categorises it as some sort of ‘optional extra’ and creates what one author has referred to as “existential challenges of novel dimensions.”
The Consultation Document emphasises the importance of children being informed about their biological (and gestational) origins, but we argue that children have a fundamental right to grow up within the family networks that are generated by their genetic and gestational ties. Apart from situations of abuse or neglect, arrangements that intentionally exclude children from growing up within families with whom they have biological ties are less than optimal even when, or if, they are ‘informed’ of their biological origins. This stance provides the strongest possible rationale for allowing only those Assisted Reproductive
Technologies (ARTs) which hold together the genetic, gestational and social dimensions of procreation, and for rejecting those procedures which fracture these three dimensions.
In support of our stance, we note the importance that is given to promoting and/or maintaining the relationship between children and their biological families of origin in critical areas of social and public policy and practice. For instance, the Ministry of Social Development has always emphasised the importance of supporting birth families to care for their children and, when required, has given priority to children being placed with their own wider family or whānau whenever possible. Removing the biological connection would represent a significant adjustment to the principles that guide New Zealand policies and practices concerning children and whānau/ families.
It is one thing to accept that there are situations in which a birth parent or parents cannot care for their biological child and doing the (next) best thing that promotes the best interests of that child, as occurs with adoptions, but it is quite something else to intentionally set out to deprive children of the right to grow up in their biological families.
We also note that rescinding the biological link as a matter of policy is out of step with UNCRC Article 8 which reads: “States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognised by law without unlawful interference.”2
Consequently, we maintain that the recommendation to remove the requirement that there be a gestational or genetic link between intending parents and a resulting child is inconsistent and out of step with (i) current national and international public policy and practice relating to the care of children and (ii) cultural practices of Maori.
For these reasons we maintain that the arguments offered in the Consultation Document fail to give proper consideration to Principles f) and g) of the HART Act: adequate respect for the needs, values and beliefs of Māori, as well as the different ethical, spiritual and cultural perspectives. This, in addition to our belief that the proposed changes fail to adequately take into account the health and wellbeing of children born as a result – principle a).
We readily acknowledge that maintaining the biological link policy rules ‘in’ only certain means of conceiving children. In response to the Consultation Document which suggests that the current requirement for a biological or gestational link is “a source of potential discrimination” (n. 49), we argue that our commitment to the status quo is more accurately described as ‘a positive commitment to showing proper respect for the health and wellbeing of children’ born as a result of such practices.
From this it follows that the rejection of certain means and situations for conceiving human life is most correctly viewed as the logical and ethical consequence of a positive and intentional commitment to the optimal flourishing of children. We therefore reject the view that our stance discriminates against certain categories of intending parents (single men or single women) or certain types of couple relationships (which we note include both heterosexual as well as same-sex couples).
In response to those who see the current guidelines as an unjustified limitation on their choice, we note that our stance articulates the critically important idea that there are limits to autonomy. As stated by Atkin and Reid in 1994: “… individual rights can be limited when the aim is to protect important social interests … that different people’s rights overlap, that rights are subject to various limitations.”3 And also: “Members of many cultures, including Māori, have collective values which may intercept the limits of autonomy and these new limits of autonomy must be negotiated.” 4
Allowing parents to conceive children with whom there is no biological or gestational link would be a significant and concerning step along a path that redefines parenthood as a social construct rather than a biological phenomenon.
For the reasons outlined above, we argue for retention of the biological link which, by insisting that at least one of the intending parents must have a gestational or genetic link, holds together at least two of the three inter-related components of conceiving and rearing children – either social and gestational or social and genetic.
Conclusion:
We acknowledge that there is an inherent tension in the use of ARTs which results from holding the welfare and well-being of such children in a creative balance with respect for the rights and choices of intending parents who seek to use reproductive technology.
We argue that the regulations governing the use of ARTs in New Zealand since the ACART Act was passed in 2004 have, to date, managed to successfully maintain that creative balance between the two (at times competing) realities. However, rescinding the biological link represents a significant shift in that balance away from the rights and well-being of the child.
To the extent that there is a right to have a child we argue that it exists as a ‘negative right’ rather than a ‘positive right’. The 1994 Report on Assisted Human Reproduction concurs: “Any right to found a family must not be seen in proprietary terms. It is not a right to have or own a child, whom many see as a gift.”5
When considering the eligibility criteria for intending parents who wish to enter a surrogacy arrangement and/or use donated gametes or donated embryos, our position is that an ethical commitment to the optimal well-being and flourishing of the child means giving over-riding priority to the maintenance of a genetic or gestational connection.
On this basis, we conclude that the recommendation to rescind the biological link between intending parents and their children makes the well-being of children secondary to the needs and desires of adults.
Allowing parents to conceive children with whom there is no biological or gestational link would be a significant and concerning step along a path that redefines parenthood as a social construct rather than a biological phenomenon. This would represent a significant ethical and social change for the whole of society, which should not be implemented without much wider public discussion and consensus.
As noted above, it is one thing to accept there are situations where children are unable to grow up with their biological family but quite another to intentionally create such scenarios. For this reason, we regard the donation and adoption of so-called ‘spare’ embryos by intending parents who are not biologically connected as ethically and morally distinct from the deliberate creation of such embryos.
Guidelines associated with embryo creation and surrogacy should stem from an ethical framework rather than simply respond to the next stage in the development and availability of assisted reproductive technologies. To this end we recommend the ‘ethic of care’ that is articulated by Atkin and Reid in their 1994 Report: … an ethic of care holds, broadly speaking, that moral reasoning is not solely, or even primarily, a matter of finding rules to arbitrate between conflicting interests … the priority … is on helping human relationships to flourish by seeking to foster the dignity of the individual and the welfare of the community.6
Endnotes
1 See Rorty, M (2003) in her review of Habermas, Jurgen, The Future of Human Nature.
2 See http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
3 See Atkin, W. R., & Reid, P. (1994). Assisted human reproduction: Navigating our future. Report of the Ministerial Committee on Assisted Reproductive Technologies. Department of Justice. New Zealand. P. 30.
4 Ibid., p. 30.
5 See (Atkin, W. R., & Reid, P. (1994). Assisted human reproduction: Navigating our future. Report of the Ministerial Committee on Assisted Reproductive Technologies. Department of Justice. New Zealand. P.31.
6 Ibid., p. 28
Proposed Abortion Law Reform in New Zealand
The request from the Minister of Justice that the Law Commission review the abortion laws centres on the Government’s stated desire “to make changes to ensure New Zealand’s abortion laws are consistent with treating abortion as a health issue that is a reproductive choice for women, rather than as a criminal issue” (Letter from the Prime Minister, Rt Hon Jacinda Ardern, to Minister of Justice, Hon Andrew Little – not dated).
In response to the question of whether the current legal framework needs to change we offer the following points for consideration.
Abortion is best treated as both a justice issue and as a health issue. The starting presumption should always be in favour of human life, no matter the stage of development of that life. Any decision to end a human life should only be granted as an ‘exception’ to the principle that all members of the human family have an inherent dignity. This principle, spelled out in the United Nations Declaration of Human Rights, is meaningless if it is not enshrined in the law. The Contraception Sterilisation and Abortion Act 1977 holds the rights of the child and the rights of the mother in tension, having due regard for both. This should not change.
In every abortion there are two human lives involved and at least one life is at stake. Our present laws reflect the fact that human life should not be taken without good reason. Making abortion solely a ‘health issue’ places the fundamental right to life, something that should be a presumption for all human life, outside of any law and making the rights of the unborn child totally dependent on the choice of the mother. This which would potentially allow for abortion for any reason, including gender selection. We need legislation which clearly specifies the circumstances under which abortion remains unlawful and under which abortion providers will be prosecuted for unlawful abortions.
Any change in legislation needs to ensure women are free to make informed choices, including the choice to continue their pregnancy. Abortions have been shown to cause psychological and mental harm to some women, affecting their physical and emotional well-being. What is required are better processes that support women and allow them access to unbiased information and adequate safeguards by way of independent counselling. In the face of evidence which shows that many women choose abortions under duress – whether from a partner or family or because of financial or social reasons – the introduction of mandatory independent counselling will allow them greater control and choice while minimising the risks to health and well-being that often follow.
The current law does not make criminals of women – a fact often misrepresented by those proposing change. Any woman in New Zealand who procures an abortion within the current regulatory framework is not committing an illegal act. The law does, however, protect them from unlicensed and unscrupulous abortion providers. “Unlawful” providers can be prosecuted under current legislation but the woman seeking an abortion cannot be prosecuted. Sec 183 of the Crimes Act specifically states that while the person who “procures” the miscarriage is liable for imprisonment, the “woman or girl shall not be charged as a party” to any offence.