| Abstract: | This article investigates the juridical status of the fetus. It assesses what this status should be in the light of recent developments in case law, legislation, medicine, and technology (particularly in vitro fertilization). The article is presented in 5 sections: Section 1 deals with the supreme court's landmark decision in Roe vs. Wade, which relied on biological stages of fetal development rather than philosophical determination of when life begins. Section 2 examines the historical reliance on birth as the point at which legal protection vests in the developing human. Section 3 compares fetuses with newborn children, identifying relevant similarities and differences. Section 4 studies whether the fetus at all stages of development should have the same protection (the author concludes they should not). Section 5 examines the practical implications of choosing viability as a developmental stage of special significance for legal protection. |
