Abstract:

This article reviews ethical debates in the U.S. regarding the right to life of newborns with disabilities and the appertaining legal debates. While medical treatments for newborns and newborns with disabilities were considered to be part of the private field and handed over to the initiative of the family and physicians prior to the 1970s; from this date on, with the change of the political environment, the enrichment of the debate on the rights of individuals, and the development of health technology, professionals of the domain of neonatology as well as legislators have begun to think about what they should do, as well as what they can do. With the 1980s, the ideas rose about the right to life of two babies, known as Baby Doe and Baby Jane Doe, born with severe disabilities, brought with it the law on the prevention of child abuse, called CAPTA. With this law, the right to life of the newborn has been defended and exceptions have been determined. Thus, the concept of "futile treatment" has become an important part of medical law and ethics, and has become a decisive factor in medical decision-making.

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