I’ve been more than casually interested in the ethical implications of the “uterine replicator” which has played a significant part in several SF stories with a common setting by Lois McMaster Bujold. This is a technological device developed by a future civilization which supports a fetus outside a woman’s body until it arrives at term.
To me, there is nothing inherently contradictory in the propositions: “A fetus is a person, or a person in potentia, with rights to survive” and “A woman has the right to decide what to do with her own body.”
Under present circumstances, of course, the survival of a fetus, at least for the first two trimesters, depends on the woman’s willingness to host it. But that need not always be the case.
Would it, for example, be ethically wrong for a woman who wishes to terminate a pregnancy to be willing to have the baby transplanted into the (appropriately prepared) womb of a childless woman who wants a baby? Suppose, for the sake of argument, that this is medically possible now. Speak to the ethics and legality of it, please.
My own position is quite simple: once egg and sperm have united in a fertilized ovum and it has seated itself on the uterine wall, there exists the potential for something to develop into a human being. Whether it is one at the moment or not is immaterial. A newborn baby is likewise incapable of caring for itself and surviving without assistance – yet nobody deems it as “not human.”
However, while in my opinion that puts a moral obligation on the woman whose womb is hosting that fetus, it does not justify a legal requirement that she must do so. That is her own moral choice to make.
An analogy with faults that I’ve drawn in the past: Imagine a woman, an only child, whose widowered father is severely disabled. Most people would say that she has a moral obligation to take care of him, to ensure that he is fed, bathed, clothed, etc., and has as good a quality of life as is possible for him within her means. But a law requiring this of her would be decidedly beyond the scope of the “police power” and might arguably invoke the 13th Amendment.
She may feel herself called to sacrifice her own life choices to take care of him. But the legislature cannot require that sacrifice of her. To me there’s a difference there between “morally right” and “legally mandatable.”
Likewise, it must be her decision whether to carry a child to term. Advice is fine. Requirements by law are not.