Advances in microsurgery provide physicians with the opportunity to correct malformations of the fetus prior to birth. However, these techniques are being developed at a time when the legal status of the unborn is unclear and the rights of pregnant women to determine the nature of their care are not universally recognized. This paper examines some of the social implications of medical and surgical treatment of the fetus. In attempting to clarify the rights of pregnant women in relationship to the rights of the fetus, the authors examine the law related to abortion and the protection of the fetus after it has achieved viability. Ambiguities in the legal interpretations of viability, coupled with societal ambivalence over the rights of women have resulted in confusion. Several cases have been reported in which the courts overrode an otherwise competent woman's refusal of surgery in the interest of the unborn fetus. Thus, legal precedent exists for the judicial suspension of the rights of pregnant women to consent or refuse medical or surgical treatment. This trend in the law may reflect more conservative values regarding the rights of women. At the same time, the benefits to the fetus remains unexamined outside of a medical frame of reference.