父母權利義務之提出與國家權力之規整，固然主要目的在於保障子女權益，惟規範制定者受到母職化意識型態之影響，逐漸將父母義務質變為母職義務予以理解，而優生保健法更將之複製於已婚懷胎婦女與胎兒之間的關係。此舉除不當限制婦女身體自主權之外，更據此賦予已婚懷孕婦女之男性配偶，可藉由「同意」或「被告知」之法定方式行使其根本不存在的父親權利。此一規範論述不但減損完整婦女身體自主權，更隱含有施行人工流產即等同「母職失格」之道德譴責。本文認為，立法者應重新思考優生保健法修正草案隱藏之母職性別化與性別歧視傾向，切莫以形式上崇高之權利保障修辭，而扭曲父母權利義務之內部關係。

For protecting the best interest of the child, we will pay more attention to discuss the right and duty of the parents and the national power. But the ideology of the maternalization is a harmful influence that affects the whole epistemology of the law system and the metamorphosis is gradually from the duty of the parents to the duty of the motherhood. In addition, the Genetic Health Law copies above of false concept to the relationship between the married pregnant woman and the fetus. Such method not only limits the the right of women's body self-determination, but also gives their husband to exercise a nonexistent right of the parents. Namely, the normative discourse not only derogates from the right of women's body self-determination, but also hints that the abortion is omission of the motherhood. I considered that lawmaker should be avert the sexual discrimination in the Amendment of the Genetic Health Law and further change it. It should not be formally elevated the rhetoric of the protection of the right, or it will be distorted the internal relationship of the right and duty between the parents.