The whole idea turns on convoluted legalistic thinking,IMO.
While the fetus is inside the mother and is attached to her and is supplied with oxygen and nutrition by her it is not viewed in law as a separate being, however viable. The abortion is being carried out on the mother whose life is of primary concern, and assuming she survives, that is where the reasoning ends. I don't like this contorted disengenuous thinking, but it`s what has been the basis of the ruling. If the baby emerges and begins to breathe on its own, then it becomes an individual human being on its own, and therefore all efforts to resuscitate are to be attempted.
This the doctor didn't do, therefore he is guilty of murder for not doing his job. If he had done all that was considered possible to resuscitate the new person attempting to breathe and had failed, he would have been in the clear, had he succeeded, he would have been in the clear. It was the absence of any effort that put him in jeopardy.
The sooner we have a better ruling, or better contraception, or the wide availability and use of Plan B the better.
Toni will disagree with this but so long as intervention occurs before the blastocyst implants in the womb then it is just a collection of cells. It has the potential to develop into a fetus, or any of the various unsuccessful proceeds of conception which at that early date are indistinguishable from the blastocyst (i.e. the fertilized ovum developing cells and growing. Additionally, failure to implant occurs fairly frequently, and implanted fetuses also fail at one point or another during gestation.
My own limit tends to be within the first two months, and even that I am uncomfortable with. One of the earliest features to develop is the neural fold which is the precursor to the spine and brain. The heart is partly formed and begins beating around week ?3, or ?4.
The problem I see as equally acute and important to abortion is the problem of unwanted pregnancies and unwanted babies. Unless the State is willing to put into place a mechanism for assuring loving parents for each birth, then we will be creating a generation of neglected and abused children. We have more than enough of them already.
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