Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2012 Woman Scorned?: Resurrecting Infertile Women's Decision- Making Autonomy Jody L. Madeira Indiana University Maurer School of Law,
[email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Health Law and Policy Commons, and the Law and Gender Commons Recommended Citation Madeira, Jody L., "Woman Scorned?: Resurrecting Infertile Women's Decision-Making Autonomy" (2012). Articles by Maurer Faculty. 1309. https://www.repository.law.indiana.edu/facpub/1309 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact
[email protected]. Maryland Law Review VOLUME 71 2012 NUMBER 2 @ Copyright Maryland Law Review 2012 Articles WOMAN SCORNED?: RESURRECTING INFERTILE WOMEN'S DECISION-MAKING AUTONOMY JODY LYNEE MADEIRA ABSTRACT Legal scholarship portrays women as reproductive decision makers in conflicting ways. The distinctions between depictions of infertile women and women considering abortion are particularly striking. A woman seeking infertility treatment, even one who faces no legal obstacles, is often portrayed as so emotionally distraught and despe- rate that her ability to give informed consent is potentially compro- mised. Yet, the legal academy has roundly rejected similar stereo- types of pregnant women considering abortion, depicting them as confident and competent decision makers. This Article argues that legal scholars' use of a "desperate woman" stereotype denies women's ability to critically assess the health risks and life benefits offertility treatments, particularlywhen similar stereotypes have been met with scorn in the abortion context.