Roe v. Wade Reversal Analysis: Adoption vs Contraceptive Policies to Curb Unplanned Births

Introduction

The right to privacy is fundamental since it allows an individual to decide what to do with their bodies. The Supreme Court decision in the landmark case of Roe v. Wade, 410 U.S. 113 (1973), gave a clear position on abortion. The state laws illegalizing abortion were found inconsistent with Constitutional Due Process. However, the decision in Roe v. Wade was overturned by the U.S. Supreme Court, giving the U.S. states the power to set their abortion laws. Analyzing the Roe v. Wade reversal decision is significant in determining the benefits and detriments of abortion.

Roe v. Wade

First Supreme Court Decision

The case of Roe v. Wade started in 1973 when a pregnant woman, Norma McCorvey, wanted to have an abortion. In the 20th century, the U.S. states were on the ambit of either legalizing or illegalizing abortion. The plaintiff, known by her pseudo name, “Jane Roe,” lived in the State of Texas, where abortion was illegal except for medical reasons (Cohen et al., 2022). The U.S. Supreme Court ruled in favor of Roe in the landmark case. In the 7-2 issued decision, the court opined that the Fourteenth Amendment’s Due Process clause provides the fundamental right to privacy.

Reversal on the Supreme Court Decision

While the 1973 Supreme Court decision on abortion was the prevailing precedent, it was overturned early this year. The U.S. Supreme Court, in a 5-2 decision, held that individual states have the power to set their abortion laws. The decision required the states not to necessarily follow the Roe v. Wade case, which permitted abortion during the first two pregnancy trimesters (Cohen et al., 2022). The consequence of overturning Roe v. Wade is that the majority of the states are planning to outlaw abortion. Meanwhile, we intend to maintain the directives given in Roe’s case. Overturning Roe v. Wade has policy implications for U.S. social and economic development.

Roe v. Wade: Reversal Decision Analysis

The U.S. Supreme Court’s decision to overturn Roe’s case will affect the country in various ways. Allowing the states to individually decide on their abortion laws presents major problems faced before Roe v. Wade. Bardach’s eightfold path policy analysis can be used to understand the implications of the court decision and better alternatives. The approach, formulated by Eugene Bardach, allows one to analyze a particular policy or court decision by following eight steps, as discussed below.

Step 1: Identify the Problem

The first step of Bardach’s eightfold is defining the problem as presented by the court’s decision. Overturning Roe v. Wade has led to many legal dilemmas and confusion among U.S. Citizens. The major problem presented is the absence of a legal stand on the right to have an abortion. The increasingly tough economic conditions call for proper family planning, which includes the capacity to have children one can afford to take care of. Moreover, unplanned birth can be detrimental to a family’s emotional well-being.

The mothers can develop psychological disorders due to emotional unpreparedness to have a child. Consequently, many families can be affected by the presence of unplanned children. Nearly 50% of U.S. births are unplanned, increasing the government’s expenditure on medical services.

Although there are no most recent statistics on U.S. unplanned births, the rate increased from 48% to 51% between 2001 and 2008 (Fuentes-Afflick et al., 2021). Since then, the average rate has maintained at 45%, with poor families having the highest numbers. Therefore, overturning Roe v. Wade will increase the number of unplanned births, which is detrimental to social and economic growth.

Step 2: Assemble Evidence

Increased unplanned births, as a consequence of outlawing Roe v. Wade, will present various problems to the U.S. Various studies show that social and economic problems are associated with unplanned births. Social problems include increased depression, anxiety, and other related psychological disorders due to poor family relationships. Figure 1.0 shows how unplanned births have led to poor family relationships in terms of caregiver mental health and coping with parenting demands.

The economic impacts of unintended pregnancies include extra spending on educational and other basic needs. According to Filonenka et al. (2019), the rate of unplanned pregnancies in the U.S. is decreasing due to the accommodative abortion laws. However, the cost of unplanned births is rapidly increasing, with the country spending over $5.5 billion annually (Filonenka et al., 2019). The potential rise in unplanned births following the overturning of Roe v. Wade is expected to lead to increased social and economic challenges.

Step 3: Construct Alternatives

Unplanned children can be detrimental to a family’s social and economic status. While it is now under the ambit of states to decide whether to outlaw Roe v. Wade or not, two major alternatives can be adopted to reduce the consequent problems. Firstly, the government can ease adoption laws to free the parents from caregiving costs. Adopting unwanted children will make them live with parents who desperately need them and can care for them. Secondly, the government can encourage the use of birth control, such as condoms and other contraceptives. The two alternatives will help reduce unplanned births in the U.S.

Step 4: Select the Criteria

Reducing the number of unplanned births in the U.S. can have various social, economic, and political impacts. Adoption can be significant to U.S. society since it helps maintain the country’s population while protecting parents and children from family stressors. While the country spends over $5.5 billion on unplanned births, the children can become productive citizens. Therefore, the government and society can benefit from adopted children in the long run. Meanwhile, the U.S. of contraceptives will help the country save on the expenses of unplanned births. Therefore, the two alternatives are significant since they both help save on the costs of unwanted pregnancies.

Step 5: Project the Outcomes

Adoption and use of contraceptives will have both positive and negative outcomes. Raising a child, from birth to eighteen years, in the U.S. is expensive and estimated to cost parents an average of $17,000 a year (Blaxill et al., 2021). The cost is likely to increase due to the changing economic and political conditions. Poor families find it difficult to raise children and may prefer taking their children to adoption programs or using contraceptives. Meanwhile, the annual costs of birth control are estimated at $0 to $2000.

The projected outcome will be savings of up to $ 15,000 a year per family, which is the difference between the costs of raising a child and contraceptive expenditure. It is estimated that effective forms of contraception can help reduce unintended pregnancies, births, and abortions by 64%, 63%, and 67%, respectively (Fuentes-Afflick et al., 2021). Consequently, the government will save up to $12 billion a year (Blaxill et al., 2021). While, on average, households will save up to $15,000, the government will reduce its expenses by $12 billion a year.

Step 6: Confront the Trade-Offs

Policy Alternatives Comparison

Adoption and use of contraceptives have varying effects on the social and economic growth of the U.S. Adoption will completely save families from the costs of raising an unwanted child. However, it can fail to protect mothers and their children from emotional disturbance. Adopted children may feel unwanted by their biological families, increasing their chances of getting depressed. Meanwhile, the use of contraceptives will save the family and the unexpected children from emotional and financial impacts. However, contraceptives can be detrimental to the parents, but to a lesser extent. A policy that encourages the use of contraceptives is better than adoption.

Adoption is considered one of the best options when an unplanned birth cannot be avoided at all. For instance, if a woman gets pregnant unwillingly but has health complications, she will have to give birth. Sending the unplanned child for adoption can be the best option available for such a parent. The act will save the life of the mother and her child, which can be described as a morally right decision (Blaxill et al., 2021).

However, it is estimated that about 135,000 children are adopted in the United States each year (Bell et al., 2021). The number is very small compared to the cases of unplanned pregnancies, 3 million per year (Bell et al., 2021). As a result of Roe v. Wade’s prohibition, adoption will not adequately solve the problem of unintended births.

The use of contraceptives is seemingly more effective than adoption in addressing unplanned births. The evolving medical technology has led to the development of better birth control methods. For instance, the use of contraceptive implants, intrauterine systems, and sterilization are 99% effective in use.

Meanwhile, contraceptive pills cost as low as $20 per pack, which is affordable for U.S. residents (Waitzman et al., 2021). However, contraceptives are associated with side effects that can be detrimental to parents’ health. Currently, about 851 million women are using contraceptives, with less than 1% of cases of side effects. Therefore, contraceptives can be a better option for unplanned pregnancies than adoption.

Political Factors Affecting the Alternatives

Various political factors can affect the adoption and use of contraceptives. Changes in family laws, including the need for biological mothers to take care of their children, can affect the adoption alternative. The increasing number of cases of depression among children can lead to policies and regulations that require parents to stay with their children. The requirement is based on the legal rule that the interest of children should always be prioritized: the paramountcy principle (Fuentes-Afflick et al., 2021). The use of contraceptives is more affected by political factors. The stakeholders likely to be affected by the government’s decisions are neglected children, parents intending to adopt, and the criminal justice system stakeholders who are concerned with children’s matters.

Government policies, including health, may require the banning of contraceptives that are hazardous to users. Additionally, the U.S. family planning schemes, including Medicaid programs, may have to include contraceptives. The key stakeholders to be affected include hospitals, insurance companies, and medical practitioners, among others.

Consequently, the government may be required to balance its annual budgetary allocations on health care programs. Furthermore, strict consumer protection measures can lead to high-quality contraceptives, increasing the prices of the same (Waitzman et al., 2021). Although the use of contraceptives is affected by many political factors, the issues can be easily addressed.

Step 7: Decide

Adoption and use of contraceptives are effective in controlling unplanned births in the Roe v. Wade reversal. However, the use of contraceptives is more effective than adoption. It is, therefore, recommended that the U.S. government formulate better regulations on the use of contraceptives to avoid unplanned pregnancies. The policy will require public action, such as contraceptive awareness campaigns and legislation that reduces the costs but improves the quality of birth control.

The use of birth control has been effective in Asian countries such as China. The country has about 82.5% success rate in the use of contraceptives (Pan & Liu, 2021). Consequently, the country has recorded a decrease in its population growth for the past 60 years (Pan & Liu, 2021). Therefore, the effective use of contraceptives is the best alternative in addressing the expected increased rate of unplanned births post-Roe v. Wade reversal.

Step 8: Tell Your Story

The advocacy plan to recommend a policy that will improve and increase the use of contractive will involve three stages. Firstly, a proposal on the benefits of contraceptives in addressing unplanned pregnancies will be written. The proposal will point out the key impacts of the Roe v. Wade reversal and how contraceptives will help address unplanned births. Secondly, elected officials interested in healthcare matters will be approached. The use of social media platforms and town hall meetings will help reach them. Lastly, the advocacy plan will involve the public in suggesting possible legislative changes that can promote effective contraceptive use.

Conclusion

Roe v. Wade is a landmark U.S. Supreme Court case on abortion. While initially, it was permissible to have an abortion, regardless of the strict state laws, the reversal of the 1973 decision gave states the authority to decide on abortion laws. Consequently, many states are intending to outlaw Roe v. Wade, leading to a possible increase in the number of unwanted births. Adoption and effective contraceptive use can help alleviate the situation. While adoption will insufficiently address unplanned births, the use of contraceptives is the best option.

References

Bell, S. B., Farr, R., Ofosu, E., Hehman, E., & DeWall, C. N. (2021). Implicit bias predicts less willingness and less frequent adoption of Black children more than explicit bias. The Journal of Social Psychology, 1–12. Web.

Blaxill, M., Rogers, T., & Nevison, C. (2021). Autism tsunami: The impact of rising prevalence on the societal cost of Autism in the United States. Journal of Autism and Developmental Disorders. Web.

Cohen, I. G., Daar, J., & Adashi, E. Y. (2022). What overturning Roe v Wade may mean for assisted reproductive technologies in the US. JAMA. Web.

Filonenka A, Law A, Purser M, Mader G, Graham J. (2019). Economic burden of unintended pregnancy in the United States. ISPOR 24th Annual International Meeting. New Orleans, LA. Web.

Fuentes-Afflick, E., Perrin, J. M., Moley, K. H., Díaz, Á., McCormick, M. C., & Lu, M. C. (2021). Optimizing health and well-being for women and children. Health Affairs, 40(2), 212–218. Web.

Lebrun-Harris, L. A., Ghandour, R. M., Kogan, M. D., & Warren, M. D. (2022). Five-year trends in US children’s health and well-being, 2016-2020. JAMA Pediatrics, 176(7). Web.

Pan, Y., & Liu, Y. (2021). Birth control, family size and educational stratification: Evidence from the Han and ethnic minorities in China. Economics of Education Review, 81, 102078. Web.

Waitzman, N. J., Jalali, A., & Grosse, S. D. (2021). Preterm birth lifetime costs in the United States in 2016: An update. Seminars in Perinatology, 45(3), 151390. Web.