Doctor Stresses Ethical Concerns Over Early C-Section Requests Amid Trump's Birthright Citizenship Order
New York: In response to reports of Indian nationals in the US on temporary visas seeking early C-Sections to avoid President Donald Trump’s executive order on birthright citizenship, a prominent figure in the Indian medical community has raised doubts about the feasibility of such requests.
Expecting mothers, particularly those with due dates close to have reportedly asked obstetricians to schedule C-Sections before February 19, the deadline for Trump’s order, which would end automatic citizenship for children born in the US, limiting the right to those born to citizens and Green Cardholders.
The executive order, which was issued shortly after Trump took office, is currently being contested by several states, claiming it is unconstitutional.
Dr. Avinash Gupta, regional director of the American Association of Physicians of Indian Origin (AAPI), acknowledged the reports but expressed skepticism. “I don’t think that any doctor would do that,” Dr. Gupta said, emphasizing the ethical and legal concerns involved in performing a C-Section without medical necessity several weeks or even months before the due date.
While moving a C-Section scheduled for a valid medical reason by a week or so might be permissible, Dr. Gupta pointed out the serious risks of conducting the procedure prematurely for non-medical reasons. "Babies born prematurely face many health problems, some of them very serious, and a doctor could be liable for medical malpractice," he stated.
He also warned that the statute of limitations for medical malpractice claims extends until the child turns 18, meaning doctors could face lawsuits years later if complications occur as a result of a premature birth.
The executive order, titled "Protecting the Meaning and Value of American Citizenship," was initially believed to apply only to children born to undocumented immigrants. However, the order’s language limits citizenship to children born to US citizens or Green Card holders, excluding those born to individuals on temporary visas, such as H1-B, L1, and student visas. This has caused widespread concern among Indian parents, with some even considering early C-Sections.
Despite the rising tension, the executive order is being challenged in federal courts by 22 states and two cities, arguing it contradicts the 14th Amendment of the US Constitution, which guarantees citizenship to anyone born in the US. Legal experts suggest it may take three to five years for a final decision on the case.
According to the law firm Reddy, Neumann, Brown, which specializes in immigration law, affected babies may be able to apply for dependent nonimmigrant status under their parent’s visa and later pursue other avenues for permanent residency or citizenship once their parents become eligible for Green Cards.
(with inputs from IANS)
Rishika Verma is a graduate from Delhi University. She joined Medical Dialogues in 2023. Her interest lies in reporting health news, hospital updates, health updates, medical case studies, and advancements in healthcare, etc.