RIGHTS OF UNBORN CHILD
The Medical Termination of Pregnancy Act (MTP Act) allows termination of pregnancy in three stages.
- Termination of pregnancy up to 20 weeks is allowed on the advice of one doctor.
- If a pregnancy is 20-24 weeks, the right to seek abortion is determined by two registered medical practitioners as an exception, but only under certain categories.
Section 3B of the Rules under the MTP Act lists seven categories of forced pregnancies, including statutory rape in case of minors or sexual assault; women with disabilities; or when there is a change in marital status of women during pregnancy.
After 24 weeks, a medical board must be set up in “approved facilities”, which may “allow or deny termination of pregnancy” only if there is substantial foetal abnormality
4. Rights of an Unborn Child
The concept of rights for unborn children is a controversial one, and it varies widely depending on legal, cultural, and philosophical perspectives. In many countries, the legal rights of unborn children are not as established as those of born individuals. Here are some key points to consider regarding the rights of unborn children:
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The legal rights of unborn children vary by jurisdiction. In some places, there may be limited legal protections for the unborn, such as in cases of fetal homicide or child endangerment. However, the extent and nature of these protections can differ significantly.
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One of the most contentious issues related to the rights of the unborn is the question of abortion. Abortion laws and regulations differ widely around the world, with some countries allowing for abortion on demand during early stages of pregnancy, while others restrict or prohibit it. These laws are often influenced by cultural, religious, and ethical beliefs.
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Many legal systems prioritize the health and well-being of pregnant women to ensure that they receive adequate prenatal care and support during pregnancy. This focus on the mother's rights and health can sometimes conflict with potential rights of the unborn child.
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The question of when a fetus or unborn child should be considered a person with legal rights is a central issue in discussions about the rights of the unborn. Some people believe that personhood begins at conception, while others argue it begins at a later stage of development, such as viability (the point at which a fetus can potentially survive outside the womb).
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The rights of the unborn are also influenced by ethical and moral beliefs. Philosophical and religious perspectives vary on the status of the unborn, which can impact views on the rights of the fetus.
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Another complex factor is the principle of maternal autonomy, which holds that a pregnant woman has the right to make decisions about her own body and reproductive health. This principle often comes into conflict with potential rights of the unborn child.
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In most legal systems, once a child is born, they are granted a full set of rights and legal protections. These rights may include the right to life, health, education, and more.
- Viability is closely tied to the gestational age of the fetus. Gestational age is typically measured in weeks from the first day of the mother's last menstrual period. While there is no fixed gestational age at which viability occurs, it generally falls between 24 to 28 weeks of pregnancy.
- The point of fetal viability has shifted earlier in pregnancy over the years due to advancements in medical technology and neonatal care. In some well-equipped medical centers, premature infants born as early as 22 weeks gestation have survived with medical intervention
- The viability of a fetus depends on various factors, including the availability of advanced neonatal care facilities, the overall health of the mother, the presence of any fetal abnormalities, and the baby's weight and lung development.
- The concept of fetal viability is significant in the context of abortion laws. In many countries, the right to choose an abortion without significant legal restrictions is more prevalent earlier in pregnancy, before fetal viability. After the point of viability, laws may become more restrictive, allowing for abortion only in cases of maternal health endangerment or severe fetal abnormalities
- The question of whether to provide life-saving medical intervention for a preterm infant born at the cusp of viability can raise ethical dilemmas. Medical professionals, parents, and ethicists may face difficult decisions about whether to pursue aggressive treatment and what the potential outcomes and quality of life might be for the infant
