[EMAIL PROTECTED] (William J. Foristal) writes:
Hi Linda,
I still think that the way the statute reads the fetus must be
"subsequently born" before he/she can have legal standing with respect to
any rights. Yes, the large interest in the mother's protection and
survival is paramount with respect to the fetus. But the rights are not
conveyed until after the fetus is born. At least that's the way the
statute seems to read to me.
And the cases where it would make the most difference is when the mother
survives but the fetus dies. Instead of murder the perp would be charged
with a lesser crime.
Bill
On Fri, 27 Mar 1998 15:09:49 -0800 "Linda D. Misek-Falkoff, Ph.D., J.D."
<[EMAIL PROTECTED]> writes:
>"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:
>---------------------------------------
>
>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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