Partial Birth Abortion

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Partial Birth Abortion

In the continuing debates on the legality and morality of abortion, "partial birth" abortions have become a hot topic. What exactly is a partial birth abortion? Nebraska state legislation defines it as "an abortion procedure in which the person performing the abortion partially delivers a living unborn child before killing the unborn child and completing delivery" (1). While this definition may be fine for legal purposes, it still does not address the actual procedures; we still do not know what an actual partial birth abortion procedure entails.

The most common procedure is called Intact Dilation and Evacuation, or D&E. D&E involves dismembering the fetus inside the uterine cavity and then pulling it out through the already dilated cervix (1) . Another less common, but more controversial method is the dilation and extraction method, or D&X. This procedure requires a woman to take medication several days in advance to dilate the cervix. Once the cervix has dilated, she returns to complete the procedure. When she returns, the physician turns the fetus around in the uterus so that it is positioned feet first, and then delivers the fetus until only the head remains inside the mother's body. At this point, the physician punctures the base if the skull and suctions out the contents of the fetus' head, causing the skull to collapse. The dead fetus is then removed from the woman's body (2). In each case the head (or more) is left inside the woman's body because in order for a birth to have occurred under common law the head of the fetus must leave the mother's body. Under the current interpretation of the United States Constitution, a person must be born in order to be protected by the government, so by leaving the head in the mother's body the procedure is considered to be legally viable (1).

Proponents of a ban on partial birth abortions cite what they see as the extreme cruelty of the procedures as violating the constitutional rights of the fetus. They believe that birth should be defined as occurring as soon as any part of the fetus' torso above the navel is visible, or when any of the fetus' body has left the mother (1). Many argue that since the fetus in undoubtedly alive during the procedure, the issue of whether or not an actual birth has occurred should be of little consequence (3).

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