Nevertheless, such a legal premise in civil medical malpractice lawsuits is not as simple as it seems. First, depending on the stage of development of a fetus, it may or may not be a viable person in the eyes of the law – with its own independent legal rights. This controversial issue was raised in August 2002 when President George W. Bush signed the Infant Alive Birth Protection Act, P.L. 107-207, which ensures that any child born alive, including an infant who survives an abortion procedure, is considered a person under federal law. The importance of this tendency (treating the fetus as a separate person) is to recognize that the unborn child has different and independent rights. In previous cases and in other jurisdictions, compensation for damage to the fetus has been awarded to the mother (or parents) under the legal theory of a secondary right arising from the legal duty owed to the mother. As a legal term, childhood is more like a minor and lasts until a person turns 18. [2] Late-term abortions can only be performed in exceptional cases.
The following due diligence criteria apply: An infant (from the Latin word infans, meaning “unable to speak” or “speechless”) is a formal or specialized synonym of the common term baby, i.e. the very young offspring of humans. The term can also be used to refer to juveniles from other organisms. A newborn is familiarly an infant who is only a few hours, a few days or up to a month. In medical settings, newborn or newborn (from Latin, neonatus, newborn) refers to an infant within the first 28 days after birth; [1] The term applies to premature, fully mature and post-maturity. In the first 5 to 7 days after birth, a newborn`s body weight decreases by 3 to 7 percent,[3] and is largely due to the absorption and urination of fluid that initially fills the lungs, in addition to a delay of a few days before breastfeeding takes effect. After the first week, healthy newborns should gain 10 to 20 grams/day. [3] A newborn`s shoulders and hips are wide, their abdomen protrudes slightly, and their arms and legs are relatively long compared to the rest of their body.
Some newborns have fine, fluffy hair called lanugo. It can be especially visible on the back, shoulders, forehead, ears and face of premature babies. Lanugo disappears within weeks. Infants can be born with full hair; Others, especially Caucasian infants, may have very fine hair or even be bald. In fair-skinned parents, this fine hair may be blonde, even if the parents are not. The color and structure of an infant`s hair can change: red can give way to blonde, curly hair can become straight, and thick, dark hair can look much sparser and lighter. [ref. needed] The scalp may also be temporarily bruised or swollen, especially in hairless newborns, and the area around the eyes may be swollen. Although children do not have a constitutional right to a safe home, a permanent and stable family, or quality care, significant progress has been made in improving the lives of children. The right of a state to ensure the well-being of children within its borders derives from the ancient concept of parens patriae, meaning “father of one`s country”, which was used to describe the relationship between a king and his subjects. Today, this right is restricted by the legal right of parents to be free from government interference in their children`s education.
However, state intervention is justified when a parent fails to fulfil his or her responsibilities or when a child is endangered, neglected or abused. The courts may then place the child temporarily in foster care and require the parent to receive assistance to remedy the problem, or terminate the parent`s rights over the child if it is determined that it is in the best interests of the child. Dutch abortion law allows abortion up to the age of 24. Week of pregnancy. This is the time when the fetus becomes viable outside the womb. Late-term abortions – after the 24th week – are exempt from abortion law and fall under criminal law. Doctors are required to report them to the Examination Board. The same concern for children that provided this protection was responsible for the creation of juvenile justice. From the founding of the United States until the late nineteenth century, children accused of crimes were treated in the same way as adults. Juvenile justice was born out of the belief that rehabilitation, not punishment, would better serve the child and the State. Today, juvenile justice systems have been adopted by all States. These courts hear cases of violation of status, ill-treatment, dependency, neglect and deprivation of parental rights.
Status offenses are legal violations based solely on the person`s age, such as truancy and curfew violations. Children in the juvenile justice system have the constitutional right to be informed, to be counselled, not to incriminate themselves, to plead guilty beyond reasonable doubt and to be protected from double jeopardy. However, juveniles still lack the federal constitutional right to a jury trial and are generally not released on bail.