Cases stir national debate on moms' childbirth rights

David B. Caruso
Associated Press
May. 20, 2004 12:00 AM

PHILADELPHIA - Amber Marlowe was a seasoned pro at delivering big babies. Her first six each weighed close to 12 pounds. So when she went into labor with her seventh last winter, she brushed off doctors who told her the 11-pound, 9-ounce girl could be delivered only by Caesarean section.

But the medical staff at Wilkes-Barre General Hospital wouldn't budge, not even with her track record. "All my others, I've done naturally," Marlowe recalled telling her physicians. "I know I can do it."

So Marlowe checked herself out and looked for a new doctor.

While she was on her search, Wilkes-Barre General's lawyers rushed to court to get legal guardianship of her unborn child, giving the hospital the ability to force Marlowe into surgery if she returned.

The case is one of several in recent months that have revived a debate about whether mothers have an absolute right to choose when, where and how they give birth.

A spokesman for the American Hospital Association wasn't sure whether the organization has ever taken a position on the issue.

Some groups representing doctors, including the American College of Obstetrics and Gynecology, have said that physicians should refrain from doing procedures unwanted by pregnant women and that use of the courts to resolve conflicts is almost never warranted.

Marlowe ended up at another hospital, where she had a quick, natural birth she described as "a piece of cake." She didn't know about the first hospital's action until her husband was told by a reporter.

"They don't know me from anything, and they're making decisions about my body?" she said. "It was terrifying."

Officials with Wilkes-Barre General did not return calls seeking comment.

In Salt Lake City, an acknowledged cocaine addict with a history of mental health problems resisted having the operation for about two weeks before acquiescing. One of the twins she was carrying died during the delay. The mother was charged with capital murder but ultimately pleaded guilty to a lesser charge of child endangerment.

In Rochester, N.Y., a judge in late March ordered a homeless woman who had lost custody of several neglected children not to get pregnant again without court approval.

Some women's advocates said the cases illustrate a willingness by legal officials to interfere with women's choices about their pregnancies.