Guardians of ableist family formation: the legitimation work of Danish abortion committees in cases of termination for fetal anomaly

Abstract

In Denmark, pregnant persons have a statutory right to abortion on-demand in the first trimester of pregnancy, after which abortion must be sanctioned by a regional abortion committee and may be warranted if there is danger that the fetus will suffer a serious mental or physical disability, yet what precisely constitutes ‘danger’ and ‘seriousness’ are left in the hands of the juridical abortion system to interpret. In this article, I explore how jurists and doctors arrive at and legitimate the authorization of disability-selective abortion. Building on van Wichelen’s (Legitimating life: adoption in the age of globalization and biotechnology, Rutgers University Press, New Brunswick, 2019) concept of ‘legitimation work,’ I show how abortion committees make legal decisions by dividing and distributing the task of —and moral responsibility for—making life-ending decisions by leaning on established legal practice, what I refer to as bureaucratic legitimation work; risk estimates made by external medical experts, what I refer to as collaborative legitimation work; and the ethical panacea of individual autonomy and informed choice, what I refer to as ethopolitical legitimation work. I argue that in conjunction, these forms of legitimation work turn termination of almost every non-conforming fetus into legitimate acts, hereby safeguarding ableist family formation.