Here is my rational based entirely on a libertarian secular viewpoint. Also, as a part of this rational is the existence in most States in the US of feticide laws where the actions of a 3rd party results in unwanted death of a baby in the womb. The basis of my opinion is the US Declaration of Independence, the US Constitution (article 5 in the Bill of Rights), influences from John Locke, and Greek philosophy's of
Natural Law.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. -- US Declaration of Independence
- When sexual intercourse results in a pregnancy, the baby bears no guilt. These unwanted pregnancies are usually the result of recreational sexual intercourse resulting in an unintended consequence. The resulting baby is innocent of any wrong doing, so the "guilt" of the unwanted pregnancy falls only to the couple who initiated it. I will save for later the discussion of special considerations for those circumstances where the pregnancy is due to rape/incest, or when continuation risks the life of the mother.
- I believe the baby has the natural right of life to be protected by law. This is demonstrated by the need for feticide laws to protect the baby in the womb from hostile 3rd parties. The decision for the government is when a baby has Constitutional rights. It is the governments responsibility to determine when citizenship begins. The same considerations used in determining the appropriateness of terminating life support systems for adults may be a way for determining when a life begins. However, there is the case for "when otherwise untampered" a new citizen will emerge from the womb.
- Some consideration for the "use of the womb and body" should be given to the mother. Women do have the right to choose what happens to their bodies, and that begins with there accepting the risks of having intercourse (protected or not). At issue is that the DNA material in the womans womb is not actually a part of her body, but rather a new individual with a unique genetic code. This baby floats in an amniotic sac attached by the umbilical cord to a placenta that has grown within the womb.
- If the society truly cherishes its new citizen, then it should be prepared to offer neonatal care for those who cannot afford it and in all other ways provide support for the pregnant women should she not have means.
Religious considerations:
- A person who is religious would need to deduce when the soul enters the baby. Because metaphysical phenomena are matters of "faith", conception would be the likely decision to err in favor of not taking a life.
Special Circumstances:
- When carrying a baby to term would result in the death of the mother, then terminating the pregnancy would be appropriate. Ethically, it would be up to the doctor to save the individual who is most viable, such as when Siamese twins are separated.
- It is likely that in cases of rape, the women would seek medical care. As a part of that care, they should seek emergency contraception (e.g. PlanB).
- In cases of incest, the matter would likely result in keeping the baby since evidence of pregnancy would likely be near middle or end of the first trimester. By this time, the baby by definition of heartbeat and brain activity has already become a citizen. It is unfortunate that the victim would need to undergo additional mental anguish, but suffering alone would not justify the taking of a human life.
Other Circumstances:
- Economic hardship does not justify the denial of rights of infants, or minor children. Nor should it in cases of babies in the womb.
- The attitude of a mother toward a child does not enable her to abuse, or take the lives of children outside the womb, and the same logic would apply to babies within the womb.
- There is also no justification for taking the life of a baby who has a defect that would make raising the child more difficult.
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