You are here:

Abortion/What happen when you perform

Advertisement


Question
QUESTION: What happen when you perform an abortion and the child is born alive? That child that is born alive can make a full recovery if immediate medical care is given? If you allow that child to die, you could be guilty of first degree murder.

ANSWER: Hello, webmaster,

It depends on how old the child is when he or she is born, and what kinds of care can be provided. Children as young as 20 weeks' gestation are growing up and normal, though the likelihood of some kind of damage is much greater than if the child had been born later. It also depends on the abortion method.

Any abortion that results in a dead child is murder. The question of whether or not it is first degree murder is a legal question. In the United States, the law doesn't hold that it is murder at all, unless someone other than an abortionist does it. In some states, the law provides for a charge of murder in the death of an unborn child whose death is caused by someone other than an abortionist, and in other states, the law does not provide. The issue of abortion being murder is an ethical question. It is based on the fact that the child is a human being from the time of fertilization. The child has his or her unique identity from the very beginning. Even the child's gender is decided at fertilization.

If you have any more questions, or want me to clarify anything, please let me know. Thanks for asking.

PS I thought of some more I should explain.

In the United States, first degree murder cannot be charged or convicted unless the defendant demonstrates two different things. The first is scienter. This means that the killer is aware (in this case) that the baby is a human being. The second is mens rea. This means the intent to kill. It is premeditated.

The mother USUALLY will not meet either criterion. She is often told that the baby is just a clump of cells, and a lot of women are quite ignorant. Some women know, but not the majority. If she doesn't know this is her baby, she cannot be convicted of first degree murder.

The mother USUALLY feels compelled to have an abortion. She may be coerced. She may think (usually rightly so) that she cannot provide for a child, or that she will suffer dire medical consequences, or any other of a variety of reasons she feels coerced or compelled. The law provides that a person who commits a crime under coercion has a mitigating factor that would eliminate first degree murder.

The ABORTIONIST, on the other hand, usually has both elements. He can be charged and convicted of first degree murder, but only if abortion is illegal. Since everyone believes that the Supreme Court legalized abortion, he cannot be charged. But nearly all abortionists commit other crimes for which they may be convicted. The important thing is to stop them from doing abortions. It is an atrocity against women as well as children. We deserve better.

---------- FOLLOW-UP ----------

QUESTION: The child is born alive and you are legally required to issue a birth certificate is a vital record that documents the birth of a child.

The "born alive" rule is a common law legal principle that holds that various criminal laws, such as homicide and assault, apply only to a child that is "born alive". U.S. courts have overturned this rule, citing recent advances in science and medicine; and in several states, feticide statutes have been explicitly framed or amended to include fetuses in utero. Abortion in Canada is still governed by the born alive rule, as courts continue to hold to its foundational principles. In 1996 the Law Lords confirmed the rule applied in English law but that alternative charges existed in lieu, such as a charge of unlawful or negligent manslaughter instead of murder.

Born-Alive Infants Protection Act

From Wikipedia, the free encyclopedia

Born-Alive Infants Protection Act

Great Seal of the United States

Long title
Born-Alive Infants Protection Act of 2002

Acronyms (colloquial)
BAIPA

Enacted by
the 107th United States Congress

Citations

Public law
107-207 (http://www.gpo.gov/fdsys/pkg/PLAW-107publ207/html/PLAW-107publ207.htm)

Statutes at Large
116 Stat. 926

Codification


Titles amended
1

U.S.C. sections created
1 U.S.C. § 8

Legislative history


◾Introduced in the House as H.R. 2175 by Steve Chabot (R–OH) on June 14, 2001
◾Passed the House on March 12, 2002 (186–107)
◾Passed the Senate on July 18, 2002 (unanimous consent)
◾Signed into law by President George W. Bush on August 5, 2002


The Born-Alive Infants Protection Act of 2002 ("BAIPA" Pub.L. 107–207 (http://legislink.org/us/pl-107-207), 116 Stat. 926 (http://legislink.org/us/stat-116-926), enacted August 5, 2002, 1 U.S.C. § 8 (http://www.law.cornell.edu/uscode/text/1/8)) is an Act of Congress. It extends legal protection to an infant born alive after a failed attempt at induced abortion. It was signed by President George W. Bush.

Wikisource has original text related to this article:
Born-Alive Infants Protection Act of 2002

Contents
◾1 Legislative history ◾1.1 Committee of the House
◾2 Interpretation of the Bill
◾3 See also
◾4 References

Legislative history
◾Based on H.R. 2175 (https://www.congress.gov/bill/107th-congress/house-bill/2175) - passed March 12, 2002
◾Introduced on June 14, 2001[1]
◾Reported by Committee on August 2, 2001[1]
◾Passed House on March 12, 2002[1]
◾Passed Senate by unanimous consent July 18, 2002.[2]
◾Signed into law by President Bush in Pittsburgh at the Pittsburgh Hilton.[3] on August 5, 2002[1]
◾The original author of the bill was Congressman Charles T. Canady of Florida who had by then retired from Congress.

Committee of the House

The bill was approved by the committee on July 12, 2001. The committee consisted of 32 representatives, 25 of which voted for the bill, 2 against and 10 were not present during the vote. This vote allowed the bill to be passed onto the entire house of representatives.[4]

Interpretation of the Bill
◾Defines a "Born alive infant" as "Person, human being, Child, Individual"
◾Acknowledges human rights of any child born within the United States.[5]
◾"Born Alive" is defined as the complete expulsion of an infant at any stage of development that has a heartbeat, pulsation of the umbilical cord, breath, or voluntary muscle movement, no matter if the umbilical cord has been cut or if the expulsion of the infant was natural, induced labor, cesarean section, or induced abortion.
◾Decisions may continue to be made by medical professionals as to whether to resuscitate an infant based on medical efficacy, but not in regard to the legal standing of the patient.[4]

See also
◾Born-alive rule
◾Baby Doe Law
◾Gianna Jessen
◾Jill Stanek
◾Kermit Gosnell

References

1. http://www.govtrack.us/congress/bill.xpd?bill=h107-2175
2. Bill history (http://thomas.loc.gov/cgi-bin/bdquery/z?d107:HR02175:@@@X) at the Library of Congress
3. President Signs Born-Alive Infants Protection Act (http://georgewbush-whitehouse.archives.gov/news/releases/2002/08/20020805-6.html), White House press release, 2002-08-05.
4. http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1082&GAID=3&DocTypeID=SB&L
5. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_reports&docid






























































































































































































































































































Stub icon






Stub icon





  
Retrieved from "https://en.wikipedia.org/w/index.php?title=Born-Alive_Infants_Protection_Act&oldid=685370022"


Categories: 2002 in law
107th United States Congress
Abortion law
United States federal abortion legislation
Abortion stubs
United States federal legislation stubs



























































































◾ This page was last modified on 12 October 2015, at 13:26.
◾Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.

Answer
Hello, webmaster,

Excuse me. Since you obviously knew where to get this information, why did you ask ME? It is not appropriate for me to give that kind of detailed answer to a person with a question, here.

Here are the basic issues:

American law is a MESS, thanks to Roe v. Wade.  A whole class of people have been deprived of the most basic protection which is the DUTY of government, and the one thing that gives it legitimacy. What you are talking about here is human law. Human law can be unjust. A whole class of people have been deprived of their right to be free of force and fraud. Abortion is fraud, and it is violence against the body of the mother. Through fraud, women are induced to accept it.

What the Founders called the law of nature and nature's God holds that abortion is murder. Period. Full stop. End of argument. In their day, abortion was unthinkable by society at large. Children were valued.

Recognizing the element of fraud against the mother, scienter will rarely be proven, so you cannot prosecute most mothers for first degree murder.

Please take note of the following:

"Destruction of the embryo in the mother’s womb is a violation of the right to live which God has bestowed upon this nascent life. To raise the question whether we are here concerned already with a human being or not is merely to confuse the issue. The simple fact is that God certainly intended to create a human being and that this nascent human being has been deliberately deprived of his life. And that is nothing but murder."

--Dietrich Bonhoeffer

Bonhoeffer was murdered by the Nazi government for his views. He paid for his integrity with his life.

My job here is to reach out to women (and their families) who are considering abortion, or who have had one. My job is to remove the FRAUD, so that women can rightfully reason about the issue of abortion, and to provide guidance toward medical help, and help with emotional and spiritual issues, for all women who come to me. If you think my job is to educate, you are partly right. But my primary responsibility is not to people like you who can and do look up information for themselves, but to the people and families who are impacted by having a precious relative stolen from them. I try to do it with kindness, but I insist on telling the truth in all areas where it is appropriate. Obviously, a woman who has had an abortion will have many emotional and spiritual issues, and I must reach out to her with the kind of aid and comfort she deserves. She has been robbed. Nearly all women know it, if not consciously, on a deeper level. If these things are not addressed, a woman will suffer agony in silence for the rest of her life. This is so patently unfair that words fail me.

Now please explain why you are writing to me. I fail to see your purpose.

Abortion

All Answers


Answers by Expert:


Ask Experts

Volunteer


Pat G

Expertise

I can help women with the consideration of their decision, and with resources, and I can share my own experiences as the mother of seven and grandmother of eleven. My approach is to show love and concern, and help women work through the issues, emotional, spiritual, practical. I also help women deal with boyfriend and family issues. I am not a doctor, but I have done extensive medical research, so I may be able to help with information. I am female. When you write, if you are or were pregnant, please tell me how far along you were or are, and if you have had an abortion, please tell me what kind. Thank you.

Experience

I have been working with women who are considering abortion for several years. I also work with women who have had abortions. Our family has also experienced adoption, so I can talk about that as well.

Education/Credentials
I am mostly self-taught. I also studied midwifery for awhile. I have spent years doing research on this topic. In fact, I have been doing research and working in this area since the early 1970's. I have been helping women online for a few years, under the guidance of a woman who was formally training in counseling.

©2016 About.com. All rights reserved.