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Our legal system historically has treated the fetus as part of the woman bearing it and has afforded it no rights as an entity separate from her. A few exceptions to this general rule have been created where necessary to protect the interests of born individuals. In recent years, however, courts and state legislatures have increasingly granted fetuses rights traditionally enjoyed by persons. Some of these recent "fetal rights" differ radically from the initial legal recognition of the fetus in that they view the fetus as an entity independent from the pregnant woman with interests that are potentially hostile to hers. In 'extreme cases, the state has curtailed the autonomy of women during pregnancy to further what were perceived as adverse fetal interests. For example, women have been compelled to submit to surgery in the form of cesarean sections although they preferred to deliver their children through vaginal childbirth. Similarly, a state court has held that a child may sue her or his mother for injuries resulting from the woman's actions during pregnancy. The social determination of how the legal system should view the fetus should be informed by a careful consideration of all potential implications.1 Although the desire to provide legal protection to the fetus often

The Creation of Fetal Rights: Conflicts with Women's Constitutional Rights to Liberty, Privacy, and Equal Protection