NCJ Number
142036
Journal
Criminal Law Forum Volume: 3 Issue: 3 Dated: (Spring 1992) Pages: 419-440
Date Published
1992
Length
22 pages
Annotation
This analysis of the legal status of the fetus considers both moral and legal perspectives and the views expressed in various international and national laws, concluding that in an open, democratic, and pluralistic society the fetus can and ought to be located below that of living persons but above that of things, animals, or human organs.
Abstract
Practical constraints on the law make it clear that the fetus cannot be accorded full legal personhood, the legal status of living persons. This is true even if in moral or philosophical terms it is plausible to say that from conception the fetus is a human person. The debate over abortion has overshadowed the question of the legal status of the fetus. However, legal abortion could be justified in some situations even if the fetus were deemed a full legal subject from the moment of conception; abortion could also be prohibited even if the fetus were relegated to the status of a thing, an animal, or a human organ. Nevertheless, legal protection of the fetus during some stages of its development is permissible morally and within the rule of law, although any degree of protection must somewhat limit women's reproductive autonomy and right to privacy. However, these rights, like the putative right to life of the fetus, are not absolute. Therefore, the legal status of the fetus could be defined and differentiated according to such factors as the developmental stage, the branches of the law, and the national and local legal system. Footnotes