THERE ARE TWO LEADING APPROACHES TO PREGNANCY IN LAW: PREGNANT WOMEN ARE VIEWED EITHER AS SINGLE ENTITIES OR TWO SEPARATE ENTITIES.
The single entity approach in law manages the pregnant woman and the fetus as one entity.
"The single entity approach means that "the fetus is simply part of the woman's body" and thus denies the unborn its "distinctiveness." The unborn is seen to be part of a woman's body in the same way that a room is part of a house; hence it is something merely akin to an organ that belongs to the body of a pregnant woman. Consequently, the single-entity approach withholds any vested and protectable interests or rights for as long as foetuses remain unborn." [1] The unborn infant is denoted as the contents of the woman's uterus.
The two separate entities approach in law manages the pregnant woman and the fetus as two patients who require medical care [in the event that the patient presents the fetus as a patient].
"In the medical management of pregnant women, the woman and the fetus are sometimes seen as two patients who require medical care (in the event that the patients presents her fetus as a patient). [2]
In law where pregnant woman and fetus are presented as one entity, legal consequences ensue. The fetus may have no vested rights and prove unprotected under the Constitution or common law unless live birth occurs.
FETUS IN UTERO: UTERINE CONTENT OR INDIVIDUAL ENTITY? AN ANALYSIS
I. THE UNBORN INFANT DOES NOT ORIGINATE FROM THE FEMALE UTERUS
I. THE UNBORN INFANT DOES NOT ORIGINATE FROM THE FEMALE UTERUS
The unborn infant cannot simply be denoted as uterine content, since neither he nor she is either uterine-originated or-generated.
The female egg is originated within one of the two ovaries of the female reproductive system.
The male sperm is originated within the male reproductive system, and requires introduction into the female reproductive system.
According to the pattern instituted by nature, the female egg and the male sperm usually fuse with resultant fertilization within the ampulla of the fallopian tubes; thus forming a new life.
Thereafter the new zygotal infant travels from the fallopian tubes to the uterus, where implantation takes place. The zygotal infant does not simply constitute contents of the uterus. The newly conceived infant is unique and apart from the uterus: he or she is a traveller to the uterus where infant growth from conception until readiness for birth takes place. The birth process occurs from the uterus to the outside world.
The zygotal infant is not uterine tissue. He or she is a combination of female ovarian egg cell and male testes seminiferous tubules sperm cell. These two cells came together during conception or fertilization within the female fallopian tubes. Thereafter the newly conceived infant - in form of the early human developmental stage comprising ovum-sperm cells combination - independently travelled to the mother's uterine destination.
The zygotal infant is not uterine tissue. He or she is a combination of female ovarian egg cell and male testes seminiferous tubules sperm cell. These two cells came together during conception or fertilization within the female fallopian tubes. Thereafter the newly conceived infant - in form of the early human developmental stage comprising ovum-sperm cells combination - independently travelled to the mother's uterine destination.
Thus the term uterine content for this miraculous new life is a misnomer.
"Life begins at Fertilization. The following references illustrate the fact that a new human embryo, the starting point for a human life, comes into existence with the formation of the one-celled zygote." [3]
II. ONE ENTITY, ONE DNA. TWO ENTITIES, TWO DNA
The body parts of a human female share the same genetic code.
The body parts of a human female share the same genetic code.
In the 1980s, scientific advances allowed for the use of DNA as a mechanism for identification of an individual. Although 99.9% of human DNA sequences are the same in every person, enough of the DNA is different to make it possible to distinguish one individual from another, unless they are monozygotic [identical] twins.
During conception, the father's sperm cell and the mother's egg cell, each containing half the amount of DNA found in other body cells, meet and fuse to result in a fertilized egg called a zygote.
This zygote contains a complete set of DNA molecules, half from the father and half from the mother. [4]
The zygote divides and multiplies into an embryo, and subsequently into a fetus. In due course the fruit of conception [the unborn infant] is born either after the usual nine-month gestation period, or earlier due to premature birth or caesarean section.
At each stage of development, all the cells forming the unborn infant body contain the same DNA - half from the mother and half from the father. This fact allows relationship-testing to use all types of samples including loose cells from the cheeks using buccal swabs, blood or other types of samples. [4]
Thus paternity testing enables identification of the father precisely due to the fact that the unborn infant is not a single entity with the mother with one set of DNA. This would prove inpossible if the unborn infant were of the same tissue as the surrounding uterus of the mother.
The widespread use in law of DNA testing to ascertain paternity is possible only because the infant both within the uterus and after birth has different, individual, and separate entity DNA to the maternal uterus.
Thus two separate DNAs clearly denote two separate individuals inseparably linked by the umbilical cord for the duration of gestation.
The analogy of a single entity approach in which the unborn is seen to be part of a woman's body in the same way that a room is part of a house takes on new significance in the light of these scientific facts.
If the human female body is compared to a house and her female uterus to a room, then the contents of said room will belong to the landlady of the house except in the case of law when the landlady rents out the room. The contents of the rented room - by law -remain the property of the rentee from the beginning of the rental contract until the conclusion thereof. Upon the conclusion of the rental contract, the room contents are owned solely by the rentee - not the landlady - and the contents are taken by the rentee upon departure.
The analogy of a single entity approach in which the unborn is seen to be part of a woman's body in the same way that a room is part of a house takes on new significance in the light of these scientific facts.
If the human female body is compared to a house and her female uterus to a room, then the contents of said room will belong to the landlady of the house except in the case of law when the landlady rents out the room. The contents of the rented room - by law -remain the property of the rentee from the beginning of the rental contract until the conclusion thereof. Upon the conclusion of the rental contract, the room contents are owned solely by the rentee - not the landlady - and the contents are taken by the rentee upon departure.
III. HUMAN CONCEPTION GENERATED BY MALE
In all instances - whether by coitus, in-vitro fertilization or surrogacy - unborn babies are not solely generated by the mother within her uterus. The father's sperm is always essential for conception.
The unborn infant within the female uterus does not solely originate from the mother, but from both mother and father. This scientific fact proves that the unborn infant is not an extension of the uterus in the sense of uterine content. The infant is an individual generated by a male and co-created by a female during the miracle of human reproduction.
In all instances - whether by coitus, in-vitro fertilization or surrogacy - unborn babies are not solely generated by the mother within her uterus. The father's sperm is always essential for conception.
The unborn infant within the female uterus does not solely originate from the mother, but from both mother and father. This scientific fact proves that the unborn infant is not an extension of the uterus in the sense of uterine content. The infant is an individual generated by a male and co-created by a female during the miracle of human reproduction.
IV. XX MOTHER AND XY SON
The mother's egg cells possess X maternal chromosomes, while the sperm cells of the father contains approximately half X and half Y paternal chromosomes.
The sperm is the variable factor determining the gender of the new baby: a sperm carrying an X chromosome fuses with the egg's X chromosome to form an infant girl with individual DNA.
The newly fused zygote typically contains two sets of 23 chromosomes, thus totalling a typical profile of 46 chromosomes. [Some variations may at times occur]. The sets of chromosomes carry distinctive DNA.
The in utero infant thus has the following profile:
23 sets of chromosomes inherited from the mother plus
23 sets of chromosomes inherited from the father, which equals
46 sets of chromosomes entirely unique to the baby individual. [5]
23 sets of chromosomes inherited from the mother plus
23 sets of chromosomes inherited from the father, which equals
46 sets of chromosomes entirely unique to the baby individual. [5]
The mother's XX sets of 46 chromosomes thus differ from those of her unborn daughter.
The mother's XX chromosomes are not even the same gender when a paternal Y chromosome fertilizes her X egg cell.
The infant boy conceived within her and which is implanted in the uterus is XY - male gender as opposed to the maternal XX gender.
A female infant or infants, or a male infant or infants within utero with personal ownership of half paternal chromosomes distinctive from those of the mother do not form ongoing uterine content.
They demonstrably form individual entity or entities from the body of the mother, inseparably linked by means of the umbilical cord to the mother for the period of gestation.
The infant or infants are dependent on the mother for gestation safely until birth.
V. MOTHER AND INFANT BLOOD TYPE DIFFERENCES
In many cases, the blood type of the unborn child is different from the blood type of the mother. The circulatory system of the mother is not directly connected to that of the fetus.
The placenta functions as both respiratory system for the unborn child and a site of filtration for plasma nutrients and wastes. Water, oxygen, glucose, amino acids, vitamins and inorganic salts are freely diffused across the placenta.
Blood types are categorized as A, B and O, and identified by either a positive or negative Rh factor. If an unborn baby's blood is incompatable with the mother's blood, complications may occur. A common form of blood type incompatability is Rh disease.
The Rh factor is a protein on the covering of red blood cells. If the Rh factor protein is present, the person is Rh positive. If the Rh factor protein is not present, the person is Rh negative.
When the mother's Rh factor is negative while that of her unborn infant is positive, this can cause the mother's immune system to manufacture Rh antibodies that attack the baby's red blood cells as foreign. Other maternal antibodies which may develop and cause complications include anti-Kell, anti-E, anti-jka and anti-fya.
Blood type incompatability between mother and infant only becomes a problem when a mother develops antibodies against her baby's blood cells. These antibodies do not develop until a mother is 'sensitized', which process occurs when the mother and baby's blood becomes mixed during pregnancy. This can happen if the baby's blood crosses the placenta or during certain invasive prenatal tests, trauma or birth. Sensitization can cause complications with future pregnancies, [6] Medical consultation and specialist obstetric care can assist in these cases.
VI. HIV-POSITIVE MOTHER MAY HAVE HIV-NEGATIVE INFANT
Oliver Bacon MD explained that two HIV-positive parents may have an HIV-negative child. [7] In the paper by James McIntyre 'HIV in Pregnancy: A Review', reported rates of transmission of HIV from mother to child ranged from about 15% to 25% in Europe and the USA to 25% to 40% in some African and Asian studies. [8] At times the situation thus arises that an HIV-positive mother may be pregnant with an HIV-negative unborn baby. The diagnosis tragically affecting the mother in such case does not affect the unborn infant.This clearly indicates that the mother and the unborn child are different individuals with different HIV status.
VI. HIV-POSITIVE MOTHER MAY HAVE HIV-NEGATIVE INFANT
Oliver Bacon MD explained that two HIV-positive parents may have an HIV-negative child. [7] In the paper by James McIntyre 'HIV in Pregnancy: A Review', reported rates of transmission of HIV from mother to child ranged from about 15% to 25% in Europe and the USA to 25% to 40% in some African and Asian studies. [8] At times the situation thus arises that an HIV-positive mother may be pregnant with an HIV-negative unborn baby. The diagnosis tragically affecting the mother in such case does not affect the unborn infant.This clearly indicates that the mother and the unborn child are different individuals with different HIV status.
VII. MOTHER AND INFANT MAY HAVE DIFFERING ANCESTRY:
The mother has distinctive ancestry or mixed-ancestry. The father may be of the same ancestry or mixed ancestry, or of another ancestry or mixed-ancestry. The unborn infant will inherit the gift of mixed ancestral heritages from both mother and father, which may be different from the mother's ancestral heritage. In such case, the mother carries within her another individual with a different ancestry to her own.
VIII. ONE BRAIN, ONE ENTITY; TWO BRAINS, TWO ENTITIES
The mother has her personal brain. The unborn infant or infants within her - if gestation is progressing normally - has his or her personal brain or brains. One individual or single entity according to the norm of nature in female homo sapiens owns one brain. One brain denotes one individual or single entity. Two brains denote two individuals or two entities. The unborn infant is thus an individual being with a brain, distinct from the body of the mother.
IX. TWO HEARTS WITH DIFFERENT HEART RATES: TWO ENTITIES
The mother has her personal heart and heartbeat. The unborn infant has his or her own personal heart and heartbeat. A normal resting heart rate for an adult ranges from 60 to 100 beats a minute. [9]
A fetus' heart rate usually ranges between 110 and 160 beats per minute, but it can vary throughout pregnancy. The unborn baby's heart can increase to 170 bpm [beats per minute]. [10]
Two hearts: two individuals.
IX. TWO HEARTS WITH DIFFERENT HEART RATES: TWO ENTITIES
The mother has her personal heart and heartbeat. The unborn infant has his or her own personal heart and heartbeat. A normal resting heart rate for an adult ranges from 60 to 100 beats a minute. [9]
A fetus' heart rate usually ranges between 110 and 160 beats per minute, but it can vary throughout pregnancy. The unborn baby's heart can increase to 170 bpm [beats per minute]. [10]
Two hearts: two individuals.
REPRODUCTIVE ORGANS
One set of female reproductive organs is owned by the mother.
Within pregnancy, a further set or sets of reproductive organs occur which are the personal property of the fetus within the womb.
For the purpose of this study, let us posit the mother is pregnant with triplets: two of whom are female, and the third male. The mother possesses her personal female reproductive organs. Within her uterus a further three sets of reproductive organs will be found with varying patterns, two female and one male set.
These further reproductive organs are no extension of the maternal body, but the individual possessions of three further human individuals developing in utero.
Thus [except in the case of maternal hermaphroditism], the one set of the mother's female reproductive organs denote one entity. Two or more sets of reproductive organs [inclusive of fetal hermaphroditism] clearly indicates two or more entities.
MATERNAL OR FETAL DEATH
In the case of maternal death, where the entire body of the mother becomes deceased, the unborn infant may be saved and live through a procedure such as the emergency removal from uterus by caesarean section.
This would not be possible if the infant were truly indivisible uterine tissue content of the mother: in such a case, the single entity uterine tissue would die in totalis with the mother.
In the case of an unsolicited uterine fetal death, in which the entire body of the unborn baby spontaneously becomes deceased, the mother generally survives. However, depending on the circumstances, maternal complications may arise from the event such as sepsis. Emergency removal of the deceased unborn child from the maternal uterus may be indicated in order to safeguard the life of the mother from death pursuant to sepsis from undiagnosed fetal intra-uterine demise.
One mother, one life. One mother and one individual unborn infant, two lives, both with differing prognosis in the event of tragedy and untimely death.
FETUS IN UTERO: UTERINE CONTENT OR INDIVIDUAL ENTITY?
Anatomically and physiologically the fetus in utero is an individual entity apart from the mother, inseparably connected to the mother by means of the placenta and umbilical cord for the duration of the gestation or pregnancy.
There does not exist one single entity of mother inclusive of uterine content, but two single entities of mother and unborn infant.
This is demonstrably true due to:
1. The mother's uterus does not manufacture the unborn baby as zygotal content. The unborn infant's body originates in the female maternal ovary and paternal testes seminiferous tubules. The egg cell from the female ovary and sperm cell from the male seminiferous tubules meet and fertilize within the maternal fallopian tubes. Thereafter the new infant travels to the destination of the uterus.
Conclusion: The ovum and sperm do not originate within the uterus. What does not begin within the uterus at no time becomes the uterus. The unborn infant did not spontaneously generate from uterine tissue. What scientifically occurs is that the unborn infant individual travels to the uterus for the duration of pregnancy in order to be protected during the natural growth cycle of the defenceless new human
2. The mother has unique DNA inherited from her parents. The unborn infant has different DNA inherited from his or her parents, one of whom is the mother
3. The mother has female gender. The unborn infant may be female: if so, she will have XX chromosomes differing to that of her mother. If the unborn infant is male, he will have different gender XY chromosomes to the XX chromosomes of the mother
4. The mother has her own heart and blood circulation. The unborn infant has his or her own heart and blood circulation. Both have differing heart rates
5. The mother has one blood group and Rhesus factor. The unborn infant may have a different blood group and different Rhesus factor
6. The mother has her ancestry. The unborn infant may have a different mixed ancestry
7. The mother has one set of female reproductive organs. The unborn infant has one set of male or female reproductive organs distinct from that of the mother
8. The mother has one brain. The unborn infant has his or her own brain.
2. The mother has unique DNA inherited from her parents. The unborn infant has different DNA inherited from his or her parents, one of whom is the mother
3. The mother has female gender. The unborn infant may be female: if so, she will have XX chromosomes differing to that of her mother. If the unborn infant is male, he will have different gender XY chromosomes to the XX chromosomes of the mother
4. The mother has her own heart and blood circulation. The unborn infant has his or her own heart and blood circulation. Both have differing heart rates
5. The mother has one blood group and Rhesus factor. The unborn infant may have a different blood group and different Rhesus factor
6. The mother has her ancestry. The unborn infant may have a different mixed ancestry
7. The mother has one set of female reproductive organs. The unborn infant has one set of male or female reproductive organs distinct from that of the mother
8. The mother has one brain. The unborn infant has his or her own brain.
CONCLUSION
One separate entity [the mother] with uterine content would anatomically, physiologically and scientifically have the following characteristics:
- One maternal body, one DNA throughout body and all uterine contents
- One maternal body, one gender throughout body and all uterine contents
- One maternal body with one heart and heartbeat, as well as one circulatory system throughout body and all uterine contents
- One maternal body, one blood type and Rhesus factor throughout body and all uterine contents
- One maternal body, one ancestry throughout body and all uterine contents
- In the case of HIV diagnosis, one maternal body with one HIV diagnosis throughout body and all uterine contents
- In the case of HIV diagnosis, one maternal body with one HIV diagnosis throughout body and all uterine contents
Anatomical, physiological and scientific facts reveal the following reality within pregnancy:
- One maternal body with individual DNA which is inseparably connected by placenta and umbilical cord to one or more unborn infant body or bodies with different DNA
- One maternal body with usually female gender [unless hermaphrodite], which is inseparably connected by placenta and umbilical cord to one or more unborn infant body or bodies with either differing XX chromosomes, or different XY male gender
- One maternal body with individual heart and heart rate, which is inseparably connected by placenta and umbilical cord to one or more unborn infant body or bodies with different individual heart or hearts and differing heart rates
- One maternal body with individual heart and heart rate, which is inseparably connected by placenta and umbilical cord to one or more unborn infant body or bodies with different individual heart or hearts and differing heart rates
- One maternal body with individual circulatory system, which is inseparably connected by placenta and umbilical cord to one or more unborn infant body or bodies with different individual circulatory blood system or systems
- One maternal body with individual blood type and Rhesus factor, inseparably connected by placenta and umbilical cord to one or more unborn infant body or bodies with possibly differing individual blood type or types and differing Rhesus factors
- One maternal body with individual ancestry or mixed-ancestry, inseparably connected by placenta and umbilical cord to one or more unborn infant body or bodies with same ancestry or possibly differing individual mixed ancestry
- In the case of HIV diagnosis one maternal body with HIV positive diagnosis, inseparably connected by placenta and umbilical cord to one or more unborn infant body or bodies with HIV negative diagnosis
- In the case of HIV diagnosis one maternal body with HIV positive diagnosis, inseparably connected by placenta and umbilical cord to one or more unborn infant body or bodies with HIV negative diagnosis
Therefore: it would be a possible medico-legal hazard and dangerous for the health of mother and unborn baby to assume that the unborn infant is uterine content without taking into account the anatomical and physiological differences between the two separate entities inseparably linked for the period of gestation by the placenta and umbilical cord.
This could have tragic consequences for the successful outcome of a live and safe birth for both mother and infant or infants, if the very real factors arising from two entity patient care [id est, mother and unborn child or children] are not taken into consideration and immediately acted upon in healthcare terms.
The infant is not uterine content: the infant is temporary uterine dweller in the miracle of a new life being gifted to our world by Almighty God.
Disclaimer; The information on this post is meant for information only. The information is not meant to replace your Doctor or Health professional care
REFERENCES
[1] Pickles, C. Approaches to pregnancy under the law; a relational response to the current South African position and recent academic trends. De Jure (Pretoria) vol.47 n.1 Pretoria Jan. 2014
[2] Du Toit-Prinsloo, L., Pickles, C. & Lombard, H. Evaluating current knowledge of legislation and practice of obstetricians and gynaecologists in the management of fetal remains in South Africa. SAMJ South African Medical Journal vol. 106 n.4, Cape Town Apr 2016
http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S0256-95742016000400032
[3] Life begins at Fertilization. Princeton-edu. Accessed 22 March 2019
[2] Du Toit-Prinsloo, L., Pickles, C. & Lombard, H. Evaluating current knowledge of legislation and practice of obstetricians and gynaecologists in the management of fetal remains in South Africa. SAMJ South African Medical Journal vol. 106 n.4, Cape Town Apr 2016
http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S0256-95742016000400032
[3] Life begins at Fertilization. Princeton-edu. Accessed 22 March 2019
[4] DNA Profiling
[5] Mey, L., Whittle, C.N. & Whittle, L. Value-based sexual expression. 21-23.
https://drive.google.com/file/d/0B_JEo1vAsAPsdGJxUE1mdVRBdUk/view
https://drive.google.com/file/d/0B_JEo1vAsAPsdGJxUE1mdVRBdUk/view
[6] Blood type incompatability, Children's Hospital of Wisconsin, 2019. Accessed on 3/5/2019.
https://www.chw.org/medical-care/fetal-concerns-center/conditions/pregnancy-complications/blood-type-incompatibility
https://www.chw.org/medical-care/fetal-concerns-center/conditions/pregnancy-complications/blood-type-incompatibility
[7] HIV/AIDS. U.S. Department of Veterans Affairs. Oliver Bacon MD 2007; last reviewed and updated by Susa Coffey MD.
https://www.hiv.va.gov/patient/faqs/hiv-positive-parents-having-hiv-negative-child.asp
[8] McIntyre, J. HIV in Pregnancy: A Review. Perinatal HIV Research Unit, University of Witwatersrand. 1998
http://www.unaids.org/sites/default/files/media_asset/jc151-hiv-in-pregnancy_en_1.pdf
[9] Laskowski, E., M.D. Mayo Clinic. What's a normal resting heart rate? 2019
https://www.mayoclinic.org/healthy-lifestyle/fitness/expert-answers/heart-rate/faq-20057979
[10] LiveWell. Fetal Heart Rate 101. Are you listening? Your baby's heartbeat speaks volumes. 2016
https://www.unitypoint.org/livewell/article.aspx?id=ea6a401d-c961-457a-987f-04ff9e7c5019
https://www.hiv.va.gov/patient/faqs/hiv-positive-parents-having-hiv-negative-child.asp
[8] McIntyre, J. HIV in Pregnancy: A Review. Perinatal HIV Research Unit, University of Witwatersrand. 1998
http://www.unaids.org/sites/default/files/media_asset/jc151-hiv-in-pregnancy_en_1.pdf
[9] Laskowski, E., M.D. Mayo Clinic. What's a normal resting heart rate? 2019
https://www.mayoclinic.org/healthy-lifestyle/fitness/expert-answers/heart-rate/faq-20057979
[10] LiveWell. Fetal Heart Rate 101. Are you listening? Your baby's heartbeat speaks volumes. 2016
https://www.unitypoint.org/livewell/article.aspx?id=ea6a401d-c961-457a-987f-04ff9e7c5019
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