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Advances in the state of the art in medical science, including medical knowledge related to the viability of the fetus, and the ease with which the fetus can be observed in the womb as a living being, treated clinically as a human being, and (by certain stages) demonstrate neural and other processes considered as human, have led a number of ...
The born alive rule is a common law legal principle that holds that various criminal laws, such as homicide and assault, apply only to a child that is "born alive".U.S. courts have overturned this rule, citing recent advances in science and medicine, and in several states feticide statutes have been explicitly framed or amended to include fetuses in utero.
The Pain-Capable Unborn Child Protection Act has become known as Micah's Law because of Micah Pickering, a boy from Iowa who was born prematurely at 22 weeks' gestation [2] in 2012 and survived; Pickering appeared in a 2016 Susan B. Anthony List election advertisement criticizing Hillary Clinton's support for legal abortion after 20 weeks' gestation.
Forty-three states have laws banning post-viability abortions unless pregnancy threatens the life or health of the woman or there is a fetal abnormality. Some allow doctors to decide for themselves if the fetus is viable. Some require doctors to perform tests to prove a fetus is pre-viable and require multiple doctors to certify the findings.
Arizona is one of 21 states rapidly instituting draconian abortion laws in the wake of the fall of Roe vs. Wade in an attempt to punish women physically, emotionally and financially.
In the United States, as of 2014, thirty-eight states provide certain level of criminal protection for the unborn, and twenty-three of these states have laws that protect the fetus from conception until birth. [90] All US states–by statute, court rule or case law–permit a guardian ad litem to represent the interests of the unborn. [91]
An Ohio law requiring fetal remains to be buried or cremated is unconstitutional under the state's abortion rights amendment, a judge ruled Thursday.
Illinois: In re Baby Boy Doe, 632 N.E.2d 326 (Ill. App. Ct. 1994) was a court case holding that courts may not balance whatever rights a fetus may have against the rights of a competent woman, whose choice to refuse medical treatment as invasive as a Cesarean section must be honored even if the choice may be harmful to the fetus. Madsen v.