Abortion - the Rights of a Fetus

The Rights of a Fetus

Jane Doe

PSY-357

January 20, 2016

An abortion is an induced termination of a pregnancy with destruction of the embryo or fetus during the first 28 weeks of pregnancy. Abortion is ranked one of the most controversial issues in the world. There have and still are many arguments on whether or not abortion is murder and whether or not it should be legal for the mother to decide to get one. There are still no grounds of agreement on the subject. For the harsh fact that abortion is a life or death situation for the fetus, there seem to be equal supporters on both sides. Even though both sides are fighting for different things, the two goals they have in common are to make abortions safer for the mother and to decrease the number of abortions being made each day. Either way, it is a very sensitive and complicated topic. Is killing an unborn baby murder? Does the constitution defend the right to an abortion? Is the developing fetus a being that is subject to rights?

        Prenatal development usually takes course beginning with fertilization and ending with birth which can be from 38 to 40 weeks long. It is usually divided into three periods: germinal, embryonic, and fetal (Santrock, J. W., 2015). “The germinal period is the period of prenatal development that takes place in the first two weeks after conception” (Santrock, J. W., 2015). During the first period, the zygote is created and attaches itself to the uterine wall 11 to 15 days after conception. The zygote has yet to form cells for organs and other physicalities. At this point in prenatal development, the zygote can not be called a fetus yet because it is still just a cluster of cells, a blastocyst. It has yet to develop any functioning parts so it shouldn’t have any rights and it shouldn’t be considered murder. Either way, a woman isn’t going to determine whether or not she is pregnant yet so there is no medical way to terminate that blastocyst just yet.

        “The embryonic period is the period of prenatal development that occurs from two to eight weeks after conception” (Santrock, J. W., 2015). During the embryonic period, the “rate of cell differentiations intensifies and the masses of cells is now called an embryo” (Lamb, A., 2016). Cells begin to develop their support systems and organs begin to develop and appear. The masses of cells begin to form three layers for development of the fetus: the endoderm, mesoderm, and ectoderm. “The embryo’s endoderm is the inner layer of cells, which will develop into the digestive and respiratory systems. The mesoderm is the middle layer, which will become the circulatory system, bones, muscles, excretory system, and reproductive system. The ectoderm is the outermost layer, which will become the nervous system and brain, sensory receptors…and skin parts…” (Santrock, J. W., 2015). As well as organs, muscles, and bones being formed, the embryo’s life-support system is also being formed. The life-support system consists of the amnion, amniotic fluid, umbilical cord, and placenta; Once all of these things have begun to form is when women start to realize that they are pregnant. “At about 21 days, eyes begin to appear, and at 24 days the cells for the heart begin to differentiate…arm and leg buds emerge…blood vessels appear…intestinal tract develops and the facial structures fuse”(Santrock, J. W., 2015). At this point in prenatal development, terminating the embryo should be considered murder because of the fact that it’s major organs have already been formed and are beginning to slowly function on their own. “[R]esults showed that at day 31 pf, a capillary plexus is already installed, and a few primitive erythroblasts were seen for the first time within the lumen of some blood vessels. Around day 45 pf, an increase in the amount of primitive erythroblasts was detected in the parenchyma surrounding the distal segment of the bronchial tree” (Pereda, J., Suiz, L., San Martin, S., & Goday-Guzmán, C., 2013). The embryo is already beginning to breath on it’s own with major capillaries developed and running through the lungs. Just the fact that it is breathing and has developed major blood vessels already, should give the embryo just as many rights as any other breathing human being. “As a constitutional principle, the Fourteenth Amendment is not confined to its historical origin and purpose, but is available now to protect all human beings, including all unborn human beings. The Supreme Court can define “person” to include all human beings, born and unborn” (Lugosi, C.I., 2006).

        “The fetal period, lasting about seven months, is the prenatal period between two months after conception and birth in typical pregnancies” (Santrock, J. W., 2015). The fetus has grown and is approximately 3 inches long during the first couple of weeks during this period. “It [is] moving its arms and legs, opening and closing its mouth, and moving its head…the genitals can [usually] be identified as male or female” (Santrock, J. W., 2015). This is the period where the mother can begin to feel arm and leg movements in the womb. At this point in prenatal development, there should be no question as to whether or not terminating the fetus is murder. The fetus is breathing more on it’s own, all of its organs are extremely close to being fully developed and functional, their immune system is gaining immunities from the mother and getting ready for the outside world, and they begin to respond to sounds. “As early as six months of pregnancy (about 24 to 25 weeks after conception), the fetus for the first time has a chance of surviving outside the womb…” (Santrock, J. W., 2015). Once the fetus has a chance of surviving outside of the womb, the fetus has gained all of it’s rights of being able to live. It should already be treated as if it is already born.