Partial-birth abortion is a controversial topic mostly in the legal and moral field. It includes artificial stimulation of the birth process. The process consists of surgical operation and killing of the baby while the head is still inside the mother's womb. With regards to partial-birth abortion, a section of people argues that it is illegal to kill such a fetus since life begins at the conception stage. They claim that the right of the fetus needs protection same as that of people. Those who believe in the legal aspect of this matter refute this argument and claim that the features are not yet a child and thus, has no right as other people ( Munson, 2016). They, therefore, look at the perspective of different legal documents that protect the mother and allow the mother to decide to terminate a life while still in the womb.
The law that legalizes partial- birth abortion claim that the term person is not inclusive of the unborn child and thus, grant the mother full authority to terminate the life of the unborn kid. Such a policy is absurd and needs a serious revision. The most fetus that undergo such inhumanity are live babies that are fully functioning. In 1973 in Roe v. Wade brought the argument that a woman has the right to have an abortion according to the 14 th constitutional amendment. However, the court later ruled that the woman has an opportunity to terminate the pregnancy only when the fetus is not viable. According to the court, the viability period was 24-28 weeks. Most of the partial-birth abortion takes place when the pregnancy is about 20 to 28 weeks. At this stage, the fetus is viable and has already developed ( Munson, 2016). It is thus, against the law to terminate such pregnancy unless the life of the mother is at stake.
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Any form of abortion is illegal. The law that legalizes abortion has so many restrictions and is not clear on the basis of statutes pertaining to the beginning of life. In the Roe v. Wade ruling that introduces an abortion as legal process stated many restrictions. Abortion is a process of killing an innocent fetus and thus cannot be legal. The life of human being starts at the conception. It undoes different changes until it reaches a stage where the brain has fully developed. During such period, life needs protection like any other. However, abortion tends to terminate such a life. The law that protects the life when the fetus is assumed to be viable is ridiculous since, without the development, the fetus cannot reach the visible stage. Further, the law that legalizes abortion seems to give the mother authority over her body ( Munson, 2016). That is right, but the law should not grant the mother authority of the unborn baby’s body since the two exist as separate entities even in the womb. Both need equal protection.
In the female perspective, the response depends on morality and legal view of the person. Those who are brought up under religious families may perceive aborting as termination of life and thus may not buy the idea. However, those who buy legal idea may cite the 14 th constitutional amendment that gives women the power of privacy with regards to their bodies that include terminating the life of the unborn baby.
Life begins at when the brain has developed, and end when the brain death occurs. The question depends on many factors such as ethical, legal and religious factors. However, on the perceptive of legal matters, life begins when the brain has fully developed to a point where the fetus can feel external stimuli such as pain ( Munson, 2016). This was the basis of the ruling in Roe v. Wade that legalized abortion. At this point, the fetus is legally considered a person since it has qualities people have. The life then ends when there is brain death according to the law. At this point, the person loses the qualities that the law considers legal for a human being.
Reference
Munson, Z. (2016). Daniel K. Williams. Defenders of the Unborn: The Pro-Life Movement before Roe v. Wade. Routledge.
