Abstract

Effective January 1st 2010, changes to the German law on pregnancy conflicts will take effect along with the new requirements that consultation also encompass fetal development disturbances and at least 3 days must pass between diagnosis, consultation, and indication. A great variety of problems can arise when dealing with pregnancy termination. Especially significant is that now, 15 years later, the discrete eugenic indication has been discontinued, i.e. severe fetal disturbance is a necessary reqirement for termination but no longer itself sufficient justification. Ending a pregnancy now is justified only when the mother clearly is suffering acutely from the disturbance and when that suffering cannot be sufficiently reduced less aggressively. Problems often occur involving a physician’s right to refuse to participate in terminating, since the right to abort by no means requires performance by a medical doctor. Thanks to prenatal diagnostics more fetal disturbances are being recognized and sooner, so that late abortion with its potential morbidity and mortality can be avoided. In rare situations fetocide allows keeping fetal pain during termination as low as possible and liberates the child from the risk and possibly serious results of premature delivery.

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