Wrongful birth and the politics of reproduction: West German and English law considered

This article considers the law relating to compensation in tort and contract for failed sterilizations and failed abortions leading to the birth of an unplanned but healthy child in the Federal Republic of Germany and England. It uses a policy-based analysis which takes the social construction of gender as a significant factor in judicial decision making. It criticizes existing literature for failing to take into account gender divisions in society and points to ways in which both the framework within which wrongful birth cases are discussed generally and the limitations which have been placed on recovery specifically reflect gender stereotyped notions of female and male behaviour and sexuality. I conclude that there are three main areas of concern in the wrongful birth cases: a) the inadequate recognition which the law accords to women's work in the home when awarding damages for maintenance of the unplanned child to majority; b) the awarding damages exercised by the politics of abortion, which can lead to undue restrictions on recovery; and c) the difficulties which the law experiences when attempting to conceptualize an interference in a woman's procreative autonomy in the same terms as an interference in a typically 'male' sphere of life, such as professional autonomy. Thus there is an urgent need to reconsider the categories of the law of obligations such as 'damage' and 'compensation', which are central to the principle of individual responsibility for harm caused, in order to reveal their gendered content and differential effects.     

The risk of birth defects: Jacobs v. Theimer and parents' right to know.

This Article discusses the Texas Supreme Court's holding in Jacobs v. Theimer that the parents of a defective child had a cause of action for damages against a physician for alleged negligent failure to inform the mother during pregnancy that she had contracted rubella and therefore might have a defective child, thereby causing her to lose the opportunity to have an abortion. The Article raises a number of questions that post-Jacobs courts probably will confront concerning the duty of physicians and genetic counselors to keep their clients informed; describes some social and medical developments--including recent progress in medical genetics and prenatal diagnosis--which are likely to make Jacobs a significant precedent; evaluates the court's decision to allow a damage suit only for the costs of treating and caring for the child's defects; and briefly addresses the question of whether the Jacobs case comes within the sphere of suits for what has come to be known as "wrongful birth" and "wrongful life."     

The relationship of observed maternal behavior to questionnaire measures of parenting knowledge,attitudes, and emotional state in adolescent mothers

Although relationships have been found between maternal psychological characteristics and cognitive and emotional outcomes in children, the behaviors which may mediate these relationships are seldom examined. This is especially true for adolescent mothers, whose children are thought to be at high risk for adverse outcomes. In this study, adolescent mothers in two special programs completed questionnaires measuring perception of the newborn (Neonatal Perception Inventory), knowledge of influences on child development (Infant Caregiving Inventory), and emotional state (General Health Questionnaire); they were also systematically observed while interacting with their infants in a naturalistic situation. Specific maternal behaviors were found to vary with the age of the mother and of the baby. Mothers with neutral or negative perceptions of their infants touched them less than did mothers with positive perceptions. Degree of emotional disturbance was inversely related to the amount of time that the mother looked at her infant while in physical contact.This research was supported in part by NIH Biomedical Research Support Grant No. BRS 507 RR 05445-19 to Johns Hopkins University School of Hygiene and Public Health.Received her Sc.D. in mental hygiene (comparative behavior) from Johns Hopkins University. Main interests include relationships between observable behavior and reported psychological states, and behavioral and emotional disorders of children.Received her Ph.D. in population dynamics from Johns Hopkins University. Main interests are adolescent health and pregnancy and population changes influencing perinatal health.Received her Ph.D. in psychology from George Peabody College. Main interests include parenting of infants and children's rights.Received her Ph.D. in anthropology from the University of Florida. Main interests include adolescent health and utilization of health services by children and adolescents.Received his Ph.D. in child psychology from the University of Iowa. Main interests are infant and child development, with focus on measurement of developmental status and its determinants.     

Antipsychotic Use and Foster Care Placement Stability Among Youth With Attention-Deficit Hyperactivity/ Disruptive Behavior Disorders

The objective of this study was to investigate the association between antipsychotic initiation and placement transitions among youth in foster care with attention-deficit/hyperactivity disorder and other disruptive behavior disorders (ADHD/DBD). Data were obtained from child welfare administrative records and Medicaid claims in one Mid-Atlantic state from January 1, 2010, through March 31, 2014. Cox proportional hazard model was conducted to estimate the risk of time to first placement transition during the 180-day follow-up among new antipsychotic users and propensity score matched nonusers. Results showed youth initiating antipsychotics had no significant reduction in foster placement transitions within the 180-day follow up (Hazard Ratio = 1.1; 95% CI = 0.7–1.6). Although antipsychotics are widely used for aggressive behaviors, a better understanding of clinical management of youth in foster care is needed to promote stable foster placement.     

Pregnancy in prison,mental health and admission to prison mother and baby units

Little is known about the mental health of pregnant women in prison in England or the factors which impact admissions to prison mother and baby units (MBUs). Research from the UK suggests women with more ‘stable’ backgrounds and lower prevalence of mental disorder are more likely to be admitted to prison MBUs. Eighty-five pregnant women were interviewed in eight different prisons. Schedules for the Clinical Assessment of Neuropsychiatry (SCAN) and Edinburgh Postnatal Depression Scale (EPDS) were used to assess mental health; Severity of Dependence Questionnaire (SOD-Q) for drug misuse; Alcohol Use Identification Test (AUDIT) for hazardous drinking; and the Structured Clinical Interview for DSM-IV (SCID-II) to identify personality disorder. Fifty-one per cent of participants had depression and 57% had anxiety. Those who were working prior to imprisonment were more likely to be admitted to MBUs, and those with a prior social services involvement, diagnosis of personality disorder or history of suicidality were less likely to be admitted. The high levels of depression and anxiety can have negative impacts on both the mother and her unborn child. Factors which influence MBU admission suggest those who might benefit most from MBU placement are least likely to be admitted.     

Lie Detection Accuracy—the Role of Age and the Use of Emotions as a Reliable Cue

Literature surrounding the accuracy of deception detection has produced inconsistent findings, and the majority of investigations have been based upon low-stakes lies. Although recent research has suggested that high-stakes situations may produce reliable cues to deception, it remains unclear whether knowledge of these cues actually improves the detection of lies. In an online experiment, we assessed participant’s ability to detect lies in 22 public appeals for help with missing or murdered relatives (N = 196). Participants were randomly allocated to either the cue condition (presented with previously identified cues to deception) or no cue condition (instructed to make judgement on instinct), before being presented with the video footage. Participants were asked to indicate whether the appealer is lying or telling the truth, how confident they are in their judgement and if they were familiar with the case. At the end of the experiment, participants wrote qualitative responses on the cues that they used during lie detection. Although cue knowledge and confidence did not significantly predict accuracy scores, there was a positive relationship between accuracy and age. Participants who used emotion-based cues were significantly better at detecting deception. The findings are discussed with reference to the existence of reliable cues.