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Iowa Supreme Court Rules That Pre-Born Children Have Rights

<p>Last Friday&comma; Iowa&rsquo&semi;s Supreme Court ruled that a pre-born child has the right to be awarded damages for wrongful loss in the event of the death of their parent&period;<&sol;p>&NewLine;<p>Brenna Gray sued her husband&rsquo&semi;s physician&comma; Daniel Baldi&comma; citing that his poor medical practice led to the death of her husband and former bassist of Slipknot&comma; Paul Gray&period; Gray was receiving treatment for his drug addiction&comma; but he died of an accidental overdose on May 24&comma; 2010&period; The jury cleared Baldi of all criminal charges&period; Brenna Gray&rsquo&semi;s spousal consortium claim was also dismissed for being filed two years after the death&period;<&sol;p>&NewLine;<p>However&comma; Iowa allowed the lawsuit on behalf of her preborn child for parental consortium injury &lpar;referred to as O&period;D&period;G by the court&comma;&rpar; which is for the loss of parental &ldquo&semi;support&comma; companionship&comma; aid&comma; affection&comma; comfort&comma; and guidance&rdquo&semi; to carry on&period;<&sol;p>&NewLine;<p>Baldi&rsquo&semi;s attorney took the pro-choice approach stating that the fetus doesn&rsquo&semi;t count as a minor and an unborn child is not yet alive&period; The Iowa Supreme Court ultimately ruled that the O&period;D&period;G law does in fact apply to a preborn child&period;<&sol;p>&NewLine;<p>&ldquo&semi;&lbrack;A&rsqb; child conceived but not yet born at the time of &lbrack;her&rsqb; parent&rsquo&semi;s death can bring a parental consortium claim&rdquo&semi; after she is born&comma; said the Court in its ruling&period; &ldquo&semi;Whatever deprivation of consortium O&period;D&period;G&period; is currently experiencing is no less real just because she did not experience it in utero&period;&rdquo&semi;<&sol;p>&NewLine;<p>The little girl was no longer in the womb and was 3 years-old at the time when the O&period;D&period;G&period; was filed&period;<&sol;p>&NewLine;<p>In the court&rsquo&semi;s decision&comma; the officials tried to distance themselves from how this ruling supports pro-life stance in the abortion debate&period;<&sol;p>&NewLine;<p>&ldquo&semi;&lbrack;T&rsqb;he semantic argument whether an unborn child is a &lsquo&semi;person in being&rsquo&semi; is beside the point&period; &&num;8230&semi; Any reader who scours this opinion&rsquo&semi;s interstices for implied sentiments about any context beyond the narrow parental consortium question presented undertakes a fool&rsquo&semi;s errand&comma;&rdquo&semi; wrote the court&period;<&sol;p>&NewLine;<p>Nonetheless&comma; many pro-life supporters see this as one step closer to proving a fetus is very much alive and should be given the chance to live&period;<&sol;p>&NewLine;<p>&ldquo&semi;The case is not huge and not unprecedented&comma;&rdquo&semi; said Clarke Forsythe&comma; the president and senior counsel for Americans United for Life to worldmag&period;com&period; &ldquo&semi;But it does confirm that the unborn child is a human being in the womb&period;&rdquo&semi;<&sol;p>&NewLine;<p><strong>Editor&&num;8217&semi;s Note&colon;<&sol;strong> &nbsp&semi;From a medical standpoint&comma; no one has ever been able to establish when a fetus becomes a human being&period; Frankly&comma; it is not possible to even write a definition&comma; under the current state of science&period;<&sol;p>&NewLine;<p>This is an important ruling&comma; that preborn children have rights&period; If one looks at the exact point in the pregnancy when the death occurred&comma; one can simply say at that point the court has ruled a fetus is a human being and has the right to life&comma; liberty and the pursuit of happiness per the Constitution of the United States&period;<&sol;p>&NewLine;<p>So he passed away May 24&comma; and she was born August 17&period; &nbsp&semi;That is 96 days&period; Human gestation is 280 days&comma; so<strong> the court has declared this fetus was a human being with legal&nbsp&semi;rights at 185 days or just over six months into her term<&sol;strong>&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">&nbsp&semi;<&sol;p>&NewLine;

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