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Fetal viability is the ability of a human fetus to survive outside the uterus. Viability depends upon factors such as birth weight , gestational age, and the availability of advanced medical care . In low-income countries , more than 90% of extremely preterm newborns (less than 28 weeks gestational age ) die due to a lack of said medical care ...
The Unborn Victims of Violence Act (Public Law 108-212) recognizes a "child in utero" as a legal victim, if he or she is injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb". [8]
Fetal rights (alternatively prenatal rights [1]) are the moral rights or legal rights of the human fetus under natural and civil law. The term fetal rights came into wide usage after Roe v. Wade , the 1973 landmark case that legalized abortion in the United States and was essentially overturned in 2022.
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How Missouri defines fetal viability will be key to determining at what stage of pregnancy Missouri lawmakers can ban or restrict abortion.
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.
Even in states where abortion is legal, many restrict the procedure after 'fetal viability.' Here's what that means and why some abortions happen later in pregnancy.
Wade, viability was defined as "potentially able to live outside the mother's womb, albeit with artificial aid. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks". When the court ruled in 1973, the then-current medical technology suggested that viability could occur as early as 24 weeks.