Fetal right to life at the intersection of ethics, law, and health: a qualitative study of parents’ and health clinicians’ perspectives

Abstract Background The right to life is recognized as a fundamental human right and a basis for the enjoyment of other rights. However, how this right applies to the fetus remains ethically and legally contested and has important implications for reproductive and prenatal health care. Previous studies have examined the moral and legal status of the fetus, abortion, and maternal–fetal conflicts, but less is known about how the concept of fetal right to life is understood by those directly involved in prenatal care and how ethical, legal, and health considerations interact in this understanding. This study aimed to explore how parents and health clinicians conceptualize the fetal right to life, identify its perceived dimensions and challenges, and examine possible strategies for its protection at the intersection of ethics, law, and health. Methods This conventional qualitative content analysis study was conducted in Saveh, Iran, from April 2025 to March 2026, based on an interpretative epistemological orientation. Data were collected using 16 semi-structured, face-to-face interviews, with 21 participants: 10 parents (five couples) and 11 clinicians involved in fetal health care, such as gynecologists, neonatologists, embryologists, medical ethicists, forensic medicine experts, and midwives/nurses. The participants were selected using purposive and maximum variation sampling techniques. Data were analyzed using the conventional content analysis approach described by Graneheim and Lundman, and via MAXQDA software version 10. Results Five main themes were identified in the analysis: (1) From biological being to moral and legal status; (2) Controversy over the timing and criteria for the onset of the fetal right to life; (3) Tensions between fetal right to life, maternal autonomy, and reproductive rights; (4) Gaps in support systems: insufficient attention to psychological, social and behavioral factors affecting fetal life; and (5) Redefining fetal protection: a shift from criminal control to a health-oriented support approach. Participants expressed different understandings of the meaning, scope, and implications of the fetal right to life. When talking about protecting fetal life, they went beyond preventing fetal death and referred to the aspects of protection of fetal health and development, protection of fetal wellbeing, a safe prenatal environment and access to appropriate social and health services. Conclusion The findings indicate that parents and health clinicians understood the fetal right to life in different ways, and their accounts of fetal protection extended beyond protection from death to include conditions supporting fetal health, development, well-being, appropriate care, and safe birth. These findings reflect the participants’ understandings of the scope and implications of the fetal right to life and of the conditions the participants found to be important for the protection of fetal life, but they do not provide evidence that these conditions are legally and morally recognized aspects of the fetal right to life. The results also indicate that maternal health and psychological, social, and behavioral factors may affect fetal health and may therefore be important for effective fetal protection. Therefore, participants emphasized the importance of combining legal and policy actions with preventive, supportive, and health-focused approaches that take account of the needs, rights, and dignity of mothers and fetuses. Overall, these findings are presented from an exploratory, context-based perspective on how the fetal right to life and its protection are understood by parents and health clinicians and may possibly advance the discussion of reproductive health practices, prenatal health care, and the ethics/legalities of fetal protection.

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Publication Details

Journal
BMC Medical Ethics
Published
2026-10-12
DOI
https://doi.org/10.1186/s12910-026-01640-y
Primary Topic
Ethics and bioethics in healthcare
Type
article
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article

Fetal right to life at the intersection of ethics, law, and health: a qualitative study of parents’ and health clinicians’ perspectives

Zahra Maddah, Faezeh Ghafoori
BMC Medical Ethics
Ethics and bioethics in healthcare
article

Fetal right to life at the intersection of ethics, law, and health: a qualitative study of parents’ and health clinicians’ perspectives

Zahra Maddah, Faezeh Ghafoori
article en

Abstract

Abstract Background The right to life is recognized as a fundamental human right and a basis for the enjoyment of other rights. However, how this right applies to the fetus remains ethically and legally contested and has important implications for reproductive and prenatal health care. Previous studies have examined the moral and legal status of the fetus, abortion, and maternal–fetal conflicts, but less is known about how the concept of fetal right to life is understood by those directly involved in prenatal care and how ethical, legal, and health considerations interact in this understanding. This study aimed to explore how parents and health clinicians conceptualize the fetal right to life, identify its perceived dimensions and challenges, and examine possible strategies for its protection at the intersection of ethics, law, and health. Methods This conventional qualitative content analysis study was conducted in Saveh, Iran, from April 2025 to March 2026, based on an interpretative epistemological orientation. Data were collected using 16 semi-structured, face-to-face interviews, with 21 participants: 10 parents (five couples) and 11 clinicians involved in fetal health care, such as gynecologists, neonatologists, embryologists, medical ethicists, forensic medicine experts, and midwives/nurses. The participants were selected using purposive and maximum variation sampling techniques. Data were analyzed using the conventional content analysis approach described by Graneheim and Lundman, and via MAXQDA software version 10. Results Five main themes were identified in the analysis: (1) From biological being to moral and legal status; (2) Controversy over the timing and criteria for the onset of the fetal right to life; (3) Tensions between fetal right to life, maternal autonomy, and reproductive rights; (4) Gaps in support systems: insufficient attention to psychological, social and behavioral factors affecting fetal life; and (5) Redefining fetal protection: a shift from criminal control to a health-oriented support approach. Participants expressed different understandings of the meaning, scope, and implications of the fetal right to life. When talking about protecting fetal life, they went beyond preventing fetal death and referred to the aspects of protection of fetal health and development, protection of fetal wellbeing, a safe prenatal environment and access to appropriate social and health services. Conclusion The findings indicate that parents and health clinicians understood the fetal right to life in different ways, and their accounts of fetal protection extended beyond protection from death to include conditions supporting fetal health, development, well-being, appropriate care, and safe birth. These findings reflect the participants’ understandings of the scope and implications of the fetal right to life and of the conditions the participants found to be important for the protection of fetal life, but they do not provide evidence that these conditions are legally and morally recognized aspects of the fetal right to life. The results also indicate that maternal health and psychological, social, and behavioral factors may affect fetal health and may therefore be important for effective fetal protection. Therefore, participants emphasized the importance of combining legal and policy actions with preventive, supportive, and health-focused approaches that take account of the needs, rights, and dignity of mothers and fetuses. Overall, these findings are presented from an exploratory, context-based perspective on how the fetal right to life and its protection are understood by parents and health clinicians and may possibly advance the discussion of reproductive health practices, prenatal health care, and the ethics/legalities of fetal protection.

BMC Medical Ethics
Saveh University of Medical Sciences (IR)
Openalex Percentile: Top 10%
Ethics and bioethics in healthcare
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