Where the burdens exceed the benefits, then by definition the obstacle in the path of a woman seeking an abortion of a nonviable fetus
is substantial and the regulation is unconstitutional.
(34) Research on the nonviable fetus
ex utero, or a living but nonviable fetus
, simply required that "[n]o procedural changes which may cause greater than minimal risk to the fetus or the pregnant woman will be introduced into the procedure for terminating the pregnancy solely in the interest of the activity." (35)
She was declared brain dead and carrying a nonviable fetus
; her family wanted her taken off life support, noting her wishes, the media reported.
Cause of action for wrongful death of nonviable fetus
. National Legal Research Group, Inc.
In his opinion, Yeakel wrote that a provision of House Bill 2 that requires doctors performing abortions to have admitting privileges at a hospital within 30 miles of the abortion facility "places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus
and is thus an undue burden to her."
There is an increased incidence of serious maternal morbidity in these pregnancies, such as preeclampsia, dystocia, postpartum hemorrhage due to large placenta, and the psychological burden of carrying a nonviable fetus
Ultrasonography confirmed a nonviable fetus
, and products of conception were surgically evacuated.
Methodist theological ethicist Paul Ramsey suggested ways to justify causing the death of an unborn nonviable fetus
either as a direct but justifiable action or as an indirect result of an intervention to save the mother's life (assuming both will die), by construing the fetus as a type of an involuntary aggressor.
A famous German moralist proposed that a doctor could accelerate the birth of a nonviable fetus
, but the Holy Office also decided that such a teaching could not safely be followed.
(70) The court rejected the defendant's equal protection challenge to the state feticide law, finding that the statute did "not violate the Fourteenth Amendment by failing to distinguish between a viable and nonviable fetus
." (71) The court held that the statute could be applied as long as there was the killing of a live embryo that was growing into a human being.
(109) Answering the defendant's contention that the statute was unconstitutionally vague for not distinguishing between a viable and nonviable fetus
, the Texas court stated, "The Texas legislature ...
Based on the legislative history, the appellate court held that the statute allowed a cause of action for the loss of a viable or nonviable fetus
in the mother's body, but did not allow a cause of action for the loss of an embryo created by IVF that had not been implanted into the mother, and remanded the case to the circuit court.