The living fetus is not a human being. It is a fetus within a human being. If it is living as a human being outside of a human being, then it becomes a human being, as a birth of a human being has taken place.
The significance of an actual birth where a fetus becomes a human being is much more important that you are understanding from a legal perspective. This distinction of of a living human being that it is meeting the requirement of surviving outside of a woman's body is central to the understanding of the difference between a fetus and a human being. I'll let you try to guess why this distinction is so important and clearly indicated in the Constitution.
I have to admit, it is fun to watch your continually shifting and flailing around.
The significance of an actual birth where a fetus becomes a human being is much more important that you are understanding from a legal perspective. This distinction of of a living human being that it is meeting the requirement of surviving outside of a woman's body is central to the understanding of the difference between a fetus and a human being. I'll let you try to guess why this distinction is so important and clearly indicated in the Constitution.
I have to admit, it is fun to watch your continually shifting and flailing around.
Quote from AdvancedTrade:
The fetus contains all the genetic material plus triggering mechanisms to grow and to age just as we all do. So why is it not a human? Both the chicken egg and the oak tree have the full set of specific genes to enable them to grow. That they're at an early stage of development is just part of the growing process - has nothing to do with what the organism "is".
If the fetus is not human, then what is it? A sub-human? A primate? Some alien creature that magically turns into a human the day it's born?
Biology and science have defined what makes an organism what it is - it's their genetic makeup. If the genetic makeup of a fetus changed immediately upon birth, then you would have a case. But the same genetic mix is present at conception as the day it is born and until the day of death - no fundamental biological change takes place at birth - it's merely another stage of development.