Sunday, March 11, 2007
LEGAL RIGHTS OF THE UNBORN (continued)
B. Father and mother are legally responsible for the child.
. . . the father as well as the mother of an illegitimate child must give him support and education suitable to his circumstances.
(The court held that Section 29 of the Civil code . . . must be read together with Section 196a so as to confer the rights of the unborn child through a guardian ad litem to compel the right to support by the Code. California Civil Code, Section 196a.
C. American justice, based on tradition, gives legal rights to the unborn.
HISTORICAL BACKGROUND OF THE LEGAL RIGHTS OF THE UNBORN
Let us see what this non-entity can do. He may be vouched in a recovery, though it is for the purpose of making him answer over in value. He may be an executor. He may take under the statute of distributions. He may take by devise. He may be entitled under a charge for raising portions. He may have an injunction; and he may have a guardian. (American custom and laws have continued this tradition of treating the unborn as human before the bar.) Thelluson v. Woodford, 4 Ves.227, 31 Eng. Rep. 117 (1798)
D. Courts recognize the unborn has rights in tort law.
COURT RULING OF TORT LAW RECOGNIZING THE RIGHTS OF THE UNBORN
The respondent asserts that the provisions of Section 29 of the Civil Code are based on a fiction of law to the effect that an unborn child is a human being separate and distinct from its mother. We think that assumption of our statute is not fiction, but upon the contrary, that it is an established and recognized fact by science and by everyone of understanding. Scott v. McPheeters, 33 Cal. App. 2d 629, 92 P. 2d 678
E. The unborn can be represented in ANY civil court case.
If the unborn child can inherit by will and by intestacy, be the beneficiary of a trust be tortiously injured, be represented by a guardian seeking present support from the parents, be protected by the criminal statutes on parental neglect . . . the legislature may guard that unborn child from intentional extinction. Dennis Horan, et al., "The Legal Case For The Unborn Child," Abortion and Social Justice. (New York: Sheed and Ward, 1972), p. 116-117.
[From "The Horrors of Abortion, Infanticide & Euthanasia, A Resource Manual"]