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Prenatal Testing and Disability Rights (Hastings Center Studies in Ethics series) [Hardcover]

Erik Parens (Editor), Adrienne Asch (Editor)
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September 28, 2000 Hastings Center Studies in Ethics series

As prenatal tests proliferate, the medical and broader communities perceive that such testing is a logical extension of good prenatal care -- it helps parents have healthy babies. But prenatal tests have been criticized by the disability rights community, which contends that advances in science should be directed at improving their lives, not preventing them. Used primarily to decide to abort a fetus that would have been born with mental or physical impairments, prenatal tests arguably reinforce discrimination against and misconceptions about people with disabilities.

In these essays, people on both sides of the issue engage in an honest and occasionally painful debate about prenatal testing and selective abortion. The contributors include both people who live with and people who theorize about disabilities, scholars from the social sciences and humanities, medical geneticists, genetic counselors, physicians, and lawyers. Although the essayists don't arrive at a consensus over the disability community's objections to prenatal testing and its consequences, they do offer recommendations for ameliorating some of the problems associated with the practice.


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Editorial Reviews

From The New England Journal of Medicine

Prenatal Testing and Disability Rights centers on the tension between members of the disability-rights movement, who hold that prenatal testing for genetic disability sends a message that devalues people with disabilities, and those who view prenatal diagnosis simply as a way to avoid the distress of having a child with a serious disorder that need not increase discrimination against the disabled. The book is the product of a two-year project undertaken by the Hastings Center to explore the critique of prenatal testing for genetic disability put forth by members of the disability-rights movement. Over a two-year period, a group that included both members of the movement and nonmembers had a series of two-day research meetings, lively group discussions by e-mail, and a dialogue with other interested and knowledgeable people. The group included two ethicists, two genetic counselors, two pediatricians, one social scientist, one obstetrician, one epidemiologist, three educators, one writer, five philosophers, one lawyer, and two distinguished representatives of the disability-rights movement.

The book has four parts. Part one introduces the practice of prenatal diagnosis and the arguments that form the disability-rights critique. Part two presents several perspectives on the implications of prenatal testing and selective abortion for parents. Part three examines, from both angles, the contention that prenatal testing for disabling traits encourages negative views about people with such traits. Part four addresses practical questions about how policymakers, courts, and professionals should determine appropriate prenatal-testing practices.

The disability-rights critique claims that prenatal tests used to select against disabling traits express a hurtful attitude about, and send a hurtful message to, people who live with those traits. Members of the disability-rights movement say that such tests increase discrimination against the disabled by reinforcing the medical model that disability itself, rather than social discrimination, is the problem. Selective abortion may be based on the assumption that any child with a disability would necessarily be a burden to the family and society and would therefore be better off not being born. Parents who select against a fetus because of a predicted disability are making what is often a misinformed decision that a disabled child will not be what they seek -- a new being that will enrich their lives. The imagined reality of the future child with a disability is being distorted. In fact, recent research shows that aggregate patterns of adjustment and well-being are similar across groups of families with and without children with disabilities. Disabled people can participate in and contribute to society. Women or couples must be counseled and given access to good information about what disability is really like for children with disabilities and their families if they are to make truly informed decisions about prenatal diagnosis.

Critics of the critique argue that selective abortion should not, and does not necessarily, carry a message of devaluation. However, they point out that a disabling condition is not a neutral trait or variation. Disabilities impose real limitations, not all of which can be overcome through changing social institutions and attitudes. They are not something to be hoped for but, rather, are to be avoided if possible. Prenatal diagnosis enables prospective parents to prevent an outcome they reasonably want to avoid: the birth of a child who will be sick or will have a serious disability. Society can attempt both to prevent disability and to provide for the needs of those who are disabled.

The group could not reach a consensus on the question of whether there is a rational way to distinguish between tests that providers should routinely offer and those they should not. Dorothy Wertz submits that, in the case of pathologic traits, the arbiter of how serious the trait must be to justify abortion should be the mother. (I agree. The most appropriate criterion of severity is whether the mother is willing to undergo the distress entailed in aborting a wanted child.) Not everyone in the group was persuaded that it is no more demanding to raise a child with a disability than a child without one. There was irreconcilable disagreement on what having a disability is "really" like. Are so-called disabling traits neither disabling nor "disvaluable," but neutral? How much of the problem is socially constructed? A majority of the group seemed to think, albeit with some uneasiness, that disabling traits are "disvaluable" insofar as they constrain or limit opportunities. There was strong agreement that ignorance about the nature of disability is one of the primary sources of the discrimination suffered by people with disabilities; our society must be able to value people and lives of many different sorts.

The group wholeheartedly endorsed the central recommendation of the disability-rights community: to reform how prenatal genetic information is communicated to prospective parents. The argument for improved counseling for women undergoing genetic tests would be more persuasive if it had been emphasized that most counseling is done before amniocentesis for women of advanced maternal age, who have a relatively low risk of giving birth to infants with genetic disabilities. A minority of women receiving genetic counseling are those who are at relatively high risk because of their family history or because their fetus is predicted to have a serious disorder. It is this minority who need the intensive counseling recommended. Providing such counseling for the former group is not logistically feasible and might well do more harm than good by causing unjustified anxiety.

The writing in this book is clear, for the most part, as one would expect from such a group. Admirably, there is only a small amount of the "Chicken Little" type of speculation about what would happen if all genetically disabled children were "prevented," or if one could order "designer children" with specified "normal" traits enhanced. There are touching personal accounts. One is by a blind writer, who regards her blindness as a neutral characteristic but finds that her loved ones do not. Another is by a mother who has an adult daughter with severe cerebral palsy. She tells of both her grief and rage over her daughter's condition and her joy in being able to care for and love this beautiful, affectionate woman. In ironic contrast, a philosopher tells how, when contemplating sterilization after having three children, he worried about whether the three children would feel devalued.

The debate sways back and forth in succeeding chapters, and powerful arguments for and against prenatal diagnosis are presented eloquently. The book serves its purpose well -- to promote understanding of, and reduce discrimination against, those with disabilities, particularly as these issues relate to the prenatal diagnosis of genetic disabilities.

F. Clarke Fraser, M.D., Ph.D.
Copyright © 2001 Massachusetts Medical Society. All rights reserved. The New England Journal of Medicine is a registered trademark of the MMS.

Review

"[E]ssential reading for anyone working in perinatal medicine and genetic counseling." -- Health Progress


Product Details

  • Hardcover: 392 pages
  • Publisher: Georgetown University Press; 1 edition (September 28, 2000)
  • Language: English
  • ISBN-10: 0878408037
  • ISBN-13: 978-0878408030
  • Product Dimensions: 9.4 x 9.4 x 1.1 inches
  • Shipping Weight: 1.8 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #8,226,659 in Books (See Top 100 in Books)

 

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12 of 12 people found the following review helpful:
5.0 out of 5 stars Airing the disability rights perspective, March 8, 2001
(A longer version of this review ran in the January 2001 issue of Ragged Edge magazine.) Does prenatal testing for genetic defects "send a message" to disabled people? Adrienne Asch, the Henry L. Luce Professor of Biology, Ethics and Reproduction at Wellesley College, insists that it does. For two years, Asch and Hastings Center bioethicist Eric Parens engaged a group of scholars, philosophers, ethicists, biologists, physicians, sociologists and educators under the auspices of the Hastings Center to grapple with that question, and the disability rights perspective on prenatal testing in general. This book is the product of that project.

After listening to all the opinions expressed by project members, Asch writes in an essay late in the book that she has not changed her mind. She says that people who choose to abort based on a diagnosis of disability are "allowing a single trait to stand in for the whole, to obliterate the whole." People like Baily -- and they are in the large majority in society -- simply do not believe that aborting a fetus because it will likely have a disability "sends a message" that is bigoted; most do not believe that it sends any message at all. Many do not agree that the provision of more accurate information about disabilities or about living with particular disabilities would make any great difference in their decision to abort a fetus they feared carried a "defect." Even knowing about disabled people and their lives, she would still not want to bear a disabled child if it could be avoided, says Baily. Nor do they buy the "any/particular" distinction articulated by Asch, who has been writing about the disability perspective on reproductive choice for decades. The "any/particular distinction" refers to the difference between the decision to simply not have any child at all at the time -- the decision of someone who becomes pregnant when they were not planning a family and thus seeks an abortion, for example -- and the decision to abort a particular fetus, even when the woman in fact wants a child, when prenatal testing has revealed disability in the fetus. The project, funded in part by a grant from the National Institute on Disability and Rehabilitation Research, did not reach unanimity on any of the "major claims" of the disability rights movement -- not after five intense two-day intense meetings, not despite ongoing email correspondence among participants, notwithstanding meetings with members of the Society for Disability Studies. So are we simply at that juncture in history in which almost no one outside one's tiny community of thought believes one's critique; before one's ideas are accepted? Is this what it was like in the 1800s to hear perfectly nice, logical people say things which we now we see as hopelessly racist? It's hard to tell. This is an important, though academic, book. It lays out both the disability rights critique from Asch, Marsha Saxton and others, and the reasons why people just don't "buy" the argument that life with a disability is alright, which is really what it comes right down to.

"Using prenatal tests to prevent the births of babies with disabilities seems to be self-evidently good to many people," Asch writes. No matter that critics argue that these beliefs stem from unexamined attitudes about disability; this project shows that when the attitudes are examined they are often found to be fine attitudes -- by those who hold them. In her piercingly honest essay "Somewhere A Mockingbird" (which also appeared in the anthology Bigger Than The Sky: Disabled Women on Parenting (Ragged Edge, Jan./ Feb. 2000), Deborah Kent reports what happens when she and her husband begin to plan having a child, knowing it may be born with Kent's genetic blindness: Despite the closeness of the couple, writes Kent, she had failed to convince her husband, even after their years together, "that it is really okay to be blind." "I will always believe that blindness is a neutral trait, neither to be prized nor shunned. Very few people, including those dearest to me, share that conviction... They cannot fully relinquish their negative assumptions...." "Though they dread blindness as a fate to be avoided at almost any cost," she writes of her family and friends, "they give me their trust and respect. I don't understand how they live without discomfort amid such contradictions."(emphasis ours.) Yet many of the project's participants live with this contradiction seemingly quite well and without question. If there is a theme to be taken away from this volume, it is that society can quite easily live without examining such contradictions. In one of the most sobering essays in the book, Nancy Press writes that "certain silences in the public discourse have actually enabled the routinization and rapid growth of prenatal testing,.... by obscuring or limiting the need for public debate about two topics about which Americans are deeply conflicted but which lie at the heart of prenatal testing: abortion and disability." This book arrives at a time in our society when prenatal testing is becoming routine -- and a duty. As tests for finding ever more genetic traits and predispositions become ever easier to administer, our country's legal hubris being what it is, women will be told to get them done, or else. Sociologist Dorothy Wertz contends that "even if some lines might be drawn in practice they will not make a difference since market and political forces will determine which prenatal tests are offered and in what kind of an atmosphere they will be offered." Biologist Pilar Ossorio points out that "when prenatal tests become part of routine [medical] practice, courts will find that physicians have a duty to offer them." Detailing the strange and horrific outcome, today's "wrongful birth" and "wrongful life" lawsuits (in which the disabled child argues before the court "that her life is worse than non-existence"), Ossorio's chapter is a sober reminder of the road we head down when we reject the disability rights critique of prenatal testing.

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6 of 6 people found the following review helpful:
5.0 out of 5 stars A Must Read for those Interested in Disability Rights, November 27, 2000
By A Customer
This fascinating and thought-provoking book should be read by anyone interested in disability rights. It presents a variety of views on a challenging topic. The book deals with philosophical issues in understandable terms, and argues for a new paradigm for consideration of prenatal testing.

Different chapters are written by various authors from different backgrounds. Physicians, professors, parents, those with disabilities, therapists and lawyers all contribute to this multifaceted approach to whether or not prenatal testing devalues those with disabilities. Social factors and medical factors are discussed with clarity. This book will cause the reader to question the basis for their pre-concieved beliefs about what it means to have a disability, and will encourage them to look at this issue in a more thoughtful way.

I found this book difficult to put down, and have recommended it to several friends.

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Inside This Book (learn more)
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First Sentence:
The international project to sequence the human genome was undertaken in the expectation that knowing the sequence will offer new ways to understand and treat disease and disability. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
expressivist objection, prenatal paternity testing, tube impairments, disabling traits, expressivist argument, disability rights critique, nonmusical people, disability critique, genetic imaginary, reasonable patient standard, wrongful birth cases, multiplex testing, disability critics, prenatal diagnostic services, disabled fetus, prenatal testing, prenatal genetic testing, genetics professionals, prenatal genetic counseling, obstetric providers, wrongful birth suits, nonnatural meaning, prenatal genetic tests, wrongful life claims, selective abortion
Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, Adrienne Asch, United States, Hastings Center Report, Marsha Saxton, American Journal of Human Genetics, James Lindemann Nelson, Nancy Press, Choosing Who Will Be Disabled, Erik Parens, Alan Gartner, University of California Press, Deborah Kaplan, Rayna Rapp, Michael Bérubé, Ohio State University Press, Oxford University Press, Social Science, Abby Lippman, Assessing Genetic Risks, Barbara Bowles Biesecker, Bonnie Steinbock, Deborah Kent, Eva Feder Kittay, Allen Buchanan
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