Re: Is a Fetus a Person? /Bill [was L&I Any ideas or help would be appreciated]

[Linda D. Misek-Falkoff, Ph.D., J.D.]

"Linda D. Misek-Falkoff, Ph.D., J.D." <[EMAIL PROTECTED]> writes:


H Bill - I am having a bit of trouble finding Susan's post of the civil
statute. Here are two relevant paragraphs I had clipped out, suggesting
that an unborn offspring is a child and thus a person, with life and
liberty rights. The crim case, though, goes to the mothers rights. Do
you think if the civil statute were to govern in the criminal context,
the child would have a large interest in the mother'sa interests (in
being protected)? That could IMO be a bridge between the two, and
perhaps the legslative intent of both sets of laws comingle here.  Sue?
Terry? Streve? Others?                                            :)
LDMF.
--------------------------- Code:
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CALIFORNIA CODES
CIVIL CODE
SECTION 43-53




43.  Besides the personal rights mentioned or recognized in the
Government Code, every person has, subject to the qualifications and
restrictions provided by law, the right of protection from bodily
restraint or harm, from personal insult, from defamation, and from
injury to his personal relations.



43.1.  A child conceived, but not yet born, is deemed an existing
person, so far as necessary for the child's interests in the event of
the child's subsequent birth.


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