In France, the legal status and rights of a fetus raise questions, as the contours are sometimes blurred. From what week of pregnancy is a fetus medically and legally viable? What the law says ?
When a woman is expecting a child, the legal status of fetus and his viability may be queried in certain situations. For example in the event of a premature baby or when the unborn child is the victim of an accident. As was the case during the accident involving comedian Pierre Palmade and three other people, including a woman more than 6 months pregnant, which occurred on February 10, 2023. In the eyes of the law, at what week of pregnancy does a baby is it viable? Answers.
At what week of pregnancy is a baby viable?
► “For the legislator, can be declared a living newborn, any child born after 22 SA (week of amenorrhea, editor’s note) or weighing at least 500 grams”, indicates the website of the SOS Préma association.
► “For medicine, this limit is between 23 and 25 weeks.. Which corresponds in the first case to 20 weeks of pregnancy and in the second case to 21-22 weeks of pregnancy, that is to the fifth month of pregnancy.
“For the legislator, can be declared a living newborn, any child born after 22 SA.”
When is a fetus considered legally viable?
Legally, for a fetus to be considered human “one must be born, alive and viable”, explained Sophie Paricard, professor of law at the National University Institute of Albi, to AFP. If he “is part of the woman’s body, it has no independent existence”, she added. Nevertheless, case law can be overturned by a court. In 2014, the criminal court of Tarbes had tried it by judging a driver, responsible for the death of a child in utero. He had been convicted of “homicide”, because for the public prosecutor, the fetus was “viable“ and that he was not “died only because of the accident”. A decision which the public prosecutor’s office had appealed and which was reversed by the Pau Court of Appeal. “From when are we really alive? The border is sometimes delicate, and it can be interesting to regularly re-examine the Court of Cassation”said the expert.
What is the legal status of an embryo and a foetus?
Currently, there is no law in France which considers the embryo and the fetus as a legal person. They are therefore not holders of any rights or obligations. In law, their legal status therefore remains unclear.
In the event of an accident, what does the law say about the fetus?
When an accident occurs and costs the life of a fetus, can the charge of manslaughter be brought against the person who caused the accident? In criminal law, manslaughter cannot be retained for a child who has not yet been born. “Jurisprudence is consistent and considers that as soon as the child is not born, there can be no homicide offense because there is no human person.detailed Sophie Paricard.
Source: Manslaughter. Public service