fetal viability

A woman was convicted of involuntary manslaughter after attempting an unassisted home childbirth in which her viable fetus died. The trial court found that she used excessive force to accelerate delivery, and failed to call for medical help despite recognizing a breech positioning. On appeal, the Supreme Judicial Court reversed, holding that the Commonwealth had not proven her actions caused the death, and that failing to call for help was not a legally sufficient cause of death.

In Edwards v.

In Hamilton v. Scott, 97 So. 3d 728 (Ala. 2012), the Supreme Court of Alabama considered whether the state’s wrongful-death statute permitted recovery for the death of a pre-viable fetus.

In the case LePage v. Center for Reproductive Medicine, P.C., 403 So. 3d 747 (Ala. 2024), the Supreme Court of Alabama expanded the reach of the state’s Wrongful Death of a Minor Act to include frozen embryos created through in vitro fertilization (IVF).

Under New Jersey Revised Statutes § 2A:65A-6 it is unlawful for any physician or health care provider to perform a partial-birth abortion, defined as the partial vaginal delivery of a living fetus before deliberately causing fetal death. There is an exception, when the procedure is necessary to save the life of the pregnant person whose life is endangered by a physical disorder, an illness, or an injury.

South Dakota Codified Laws Chapter 34-23A regulates the performance of abortions. Section 34-23A-1 defines key terms including “abortion,” “fetus,” and “medical emergency.” Abortion is defined as the “intentional termination of the life of a human being in the uterus.” This chapter establishes that abortions may only be performed in licensed facilities under specified conditions, it requires physi