2 May 2009
Media Release
Right to request view of baby scans a key issue
Health & Disability Commissioner upholds Right of Women considering an Abortion to be offered an Opportunity to View Ultrasound
Scan of their Baby
The Health Commissioner has recently made an important and historic decision that women considering an abortion when
undergoing an ultra sound scan have a right to be offered the opportunity to view a scan of their baby in the womb.
This decision of the Health Commissioner, Ron Paterson, was made in response to a complaint made by Right to Life
against the Waikato District Health Board. [DHB]. The complaint concerned the protocol followed by the Board which
precluded an offer being made to a woman considering an abortion when undergoing an ultrasound scan to view the scan of
her baby. The Commissioner in his decision stated;
“I have carefully considered the issue you have raised. Clearly, a woman undergoing an ultrasound scan has the right to
view her scan. As you have recognised, she also has the right to decide not to view the scan. In order to exercise this
choice, a woman will know that she is able to view the scan. I have written to Waikato DHB reminding them of Right 6 of
the Code, which states that consumers have the right to the information that a reasonable consumer, in that consumer’s
circumstances, would expect to receive. In my view, this would generally include the information that the woman may view
the scan should she wish.”
Right to Life believes that this is a very important issue. The decision of the Commissioner has national repercussions.
It has now been established that women considering an abortion have a legal right when undergoing an ultrasound scan, to
be offered the opportunity to view the scan of their baby. Such a service would assist in meeting the legal requirements
of the Code of Health Rights to be fully informed and to give an informed consent. Right to Life supports the
Commissioner’s decision that the right of a woman to view her scan can only be fulfilled if it is offered and she is
given the opportunity to exercise her right. Right to Life also recognises the right of women to refuse to look at a
scan of her baby. The Commissioner has written to the Waikato DHB to advise it of his decision with the request that it
be implemented, he did not consider it appropriate for him to take any further action on this matter.
It is known from studies conducted in the United States that inviting women to view a scan results in many women after
seeing their baby to decide against an abortion and choose life for her baby. We recognise the desire of the government
to reduce our tragically high abortion statistics. This is a proven procedure for achieving this objective. It is a
protocol that could be implemented with no cost to the government. Right to Life firmly believes that if the decision
of the Health Commissioner were implemented nationally that the lives of many babies would be saved and their mothers
spared a lifetime of grief and psychological damage.
Right to Life has been advised that there are seven States in the United States that have passed legislation requiring
abortion providers to offer an ultrasound scan to women considering an abortion in order to provide women with the
opportunity of seeing their baby. Those States are Alabama, Arkansas, Indiana, Michigan, Oklahoma, Utah and Wisconsin. A
further ten States have similar legislation being considered by their legislatures.
It is the experience of pregnancy counselling centres in the United States that now have ultrasound facilities, that
women considering an abortion when given the opportunity of seeing an ultrasound scan of their unborn child, recognising
the child’s humanity decide against abortion and choose to bring their baby to birth. The number of women who change
their mind after seeing an ultrasound according to these centres varies between 62 and 95 per cent.
In a survey of DHBs conducted by our Society in 2008 it was revealed that a number of DHBs did not offer women
considering an abortion the opportunity to choose to see the scan of their baby. Women wishing to see the scan of their
baby were required to ask.
Right to Life calls upon the Minister of Health in the interest of the health of women and the lives of unborn children
to take the necessary action to ensure that this important decision of the Health Commissioner is made known to all
District Health Boards and the relevant professional bodies.
To ensure that women are offered the opportunity of viewing a scan of their baby, Right to Life requests that the
consent form for abortions have a statement confirming that the woman has been offered the opportunity of viewing her
scan.
This historic decision of the Health Commissioner will herald in a new era in the care of mothers and their babies by
promoting a greater respect for the lives of unborn children, the weakest and most defenceless members of the human
family.
ends