HEALTH
Legally, It's Not a Baby
CBN.com –
Is an unborn human life a baby? The technical and legal answer is “No.”
Under the 14th amendment of the United Sates Constitution, a person
has the right to life, liberty and the pursuit of happiness. Since Roe
v. Wade, these rights do not apply to the unborn. Therefore, in an effort
to legitimize and make more palatable this decision, technical labels
attempting to decrease the value of the unborn child have been assigned
to various stages of development.
From conception to 2 weeks the unborn child is technically called a preembryo.
From 2 weeks through 8 weeks, the unborn child is technically called an embryo.
From 9 weeks until birth (at 40 weeks) the unborn child is technically called
a fetus. A baby, on the other hand, is a name reserved for a child living
outside the womb, in other words, one who has been born. Only then do the
rights and privileges of a 14th amendment “person” apply.
The great significance of these legal and technical terms is that they predict
the legal status and moral treatment the unborn child will receive. Specifically,
they determine the limits of actions and omissions of actions that physicians,
scientists and patients have in activities concerning them. These activities
include not only abortion but also creation of embryos for implantation, freezing
“leftover” embryos, human experimentation, research, and cloning.
The legal dilemma concerning the moral status of the unborn child is poignantly
highlighted in the current controversy over the arrest of Scott Peterson by
Modesto, California, police on charges that he murdered his wife, Laci and
their “unborn child.” Prosecutors say Peterson is being charged with double murder so they can
seek the death penalty. The definition of “murder” is the unlawful
killing of another person (Gilbert’s Law Dictionary). The question is
whether the legal definition of a person applies to the unborn child.
“In reporting Scott Peterson’s arrest, the Associate Press found
itself in a rhetorical conundrum. At first it used the generic word ‘bodies’
to refer to Laci Peterson and the child. Then it referred to ‘infant
son’ and later ‘fetus’ and ‘biological child’ and
still later in the story, ‘the couple’s baby.’”
Undoubtedly, it is the "squishy" legal status of the unborn child
that muddies the water. Clarity, on the other hand, is found in science and
medicine which provide overwhelming evidence that the unborn child is a human
life from conception.
From conception the unborn child is genetically human and genetically different
from either parent. The unborn child is also a complete organism, sexually
distinct with the ability to self-direct its own growth and development. While
in the womb, the unborn child moves like a newborn, can taste, hear and respond
to pain.
A brief outline of the chronological development of the unborn child reveals
that in the very first month, the brain begins to appear and the heart begins
to beat. By the second month, great changes occur in appearance because of
the emergence of a disproportionately large head and the formation of the
limbs, face, ears, nose, and eyes. Though unnoticed by the mother, general
movements actually occur including startles, hiccups, isolated arm and leg
movements even head rotations. By the end of the second month, nearly all organs are in a grossly recognizable
state and the unborn child has nearly doubled in length to 30 millimeters.
By now the face is unmistakably human. The chin is visible. The nose is stubby.
The mouth is present. The external ear is evident. The eye is heavily pigmented
and the eyelids are closing. In fact, the fully formed fingers of both hands
are usually found close to the nose. Imagine that even at this early age,
the hand of the unborn child will touch the face slowly and the fingers open
and close. Between the third and fourth months, the unborn child responds to sound.
If the region near the mouth is stimulated, the child will open his mouth
and suck a finger. The child can also accomplish a complete change in position,
usually with a backwards somersault. Regarding physiological features, the
sex can now be determined by ultrasonic measurements. And fine palm lines
have formed, which can be used for permanent identification. By the fifth month, a full complement of nerve cells is present. Pain receptors
initially present in the face, palms, and soles of the feet have spread to
the trunk, arms, and legs and all areas of the skin. The evidence thus suggests
that by this time in gestation, the child can sense pain. Remarkably, by the sixth month, the child could survive, with the aid of
technology, outside the mother’s womb. Head and body hair are visible
including eyebrows. Rapid eye movements begin and the lungs are capable of
breathing air. By the seventh month, there is an enhanced activity in the
brain and the skin becomes smoother as fat deposits, which insulate and provide
energy. In the eighth month, the brain still grows rapidly as growth of the
body slows down. All sense organs are fully functional, and the baby looks
much as it will upon arrival. In the ninth month the baby is ready to be born.
Despite these well-recorded facts, the use of misleading technical and legal
terms has recently taken on new emphasis with the claims that human embryos
have scientific and perhaps commercial value as sources of stem cells. Unquestionably,
the disposable terms are intended to protect the cause of abortion advocates,
deceive and ease the conscience of those participating in various abuses of
the unborn.
The truth is legal and technical accuracy can never sanitize the true purpose
in creating and using these terms. These terms do not signify the percent
or degree of one’s humanness during gestation. Neither do they predict
species membership. For that information we look to science and medicine where
there is no debate. Human life begins at conception even if rights, privileges
and protection do not.
Visit Science
Ministries, Inc.
Endnotes:
[1] Kelly Hollowell holds a law degree and a PhD in molecular biology.
She is a professor of bioethics and president of Science Ministries, Inc.
This scientific and medical research for this article is based largely
on the research efforts of John F. Cogan as presented in his web-based
book Science Sheds Light on Unborn Human Life, www.sfuhl.org, September
9, 2001. This research is endorsed by at least eight obstetricians/gynecologists
regarding the accuracy and reliability of the facts presented. For a detailed
list of physician endorsements, go to www.sfuhl.org/endorsements.htm,
visited 02/9/03.
[1] Cal Thomas, “The Scott Peterson Conundrum” www.townhall.com/columnists/clthomas/printct20030422.shtml,
visited 4/22/03.
[1] T.W. Sadler, Langman’s Medical Embryology, 8th Edition p 411,
Lipppincott Williams & Wilkins (Baltimore), 2000; Roberts Rugh, et
al, From Conception to Birth p 33, Harper & Row, (New York), 1971
[1] Sadler, p 77; Keith L. Moore, et al, The Developing Human, 6th Edition,
p 5 Clinically Oriented Embryology, W.B. Saunders Company (Philadelphia),
1998; Marjorie A. England, Life Before Birth, 2nd Edition p 104, Mosby-Wolfe
(London) 1996; Rugh, p 17
[1] Sadler, p 106
[1] P.J. Roodenburg, et al, Classification and Quantitative Aspects of
Fetal Movements During the Second Half of Normal Pregnancy, p.31, Early
Human Development, (1991); Jan G.Nijhuis, et al, Fetal Behaviour: Developmental
and Perinatal Aspects, p 5, Oxford University Press(Oxford) 1992.
[1] Nijhuis, p.5
[1] Roodenburg, p 31; Nijhuis, p.5
[1] J.I.P. de Vries, Early Human Development, The Emergence of Fetal
Behaviour I. Qualitative Aspects, p 311, (1982).
[1] Nijhuis, p.5
[1] Bruce M. Carlson, Human Embryology and Developmental Biology, p.407,
Mosby (St. Louis), 1994; Moore, p 3
[1] O’Rahilly, p 55
[1] Rugh, p 53 and 54; Moore, p 100 and 239; Sadler, p 110
[1] England, p 81
[1] Moore, p 100
[1] Moore, p 100
[1] England, p 92; Moore, p 99
[1] Moore, p 99-100
[1] Rugh, p 53
[1] de Vries, p 309 and 311
[1] Nijhuis, p 133
[1] England, p 206
[1] de Vries, p 301 and 309
[1] Sadler, p 113; Moore, p 109; F. Gary Cunningham, et al, Williams
Obstetrics, 20th Edition p 154, Appleton and Lang (Stamford, CT), 1997.
[1] K.J.S. Anand, M.B.B.S., and P.R. Hickey, M.D., Pain and its Effects
in the Human Neonate and Fetus, The New England Journal of Medicine, Vol
317, No. 21, November 19, 1987, p 1322, 1326.
[1] Moore, p 114
[1] Cunningham, p 155; Sadler, p 114; Moore, p 113 and 517
[1] Moore, p 114; Nijhuis p 5; Jason. C. Birnholz, The Development of
Fetal Eye Movement Patterns, Science, Vol 213, p 679, August 7, 1981.
[1] Moore, p 114
[1] Alexander Tsiaras, From Conception to Birth, First Edition, p 247,
Doubleday (New York), 2002.
[1] Tsiaras, p 252
[1] Tsiaras, p 261
CBN IS HERE FOR YOU!
Are you seeking answers in life? Are you hurting?
Are you facing a difficult situation?
A caring friend will be there to pray with you in your time of need.
|
|