Embryo Project Encyclopedia Articles

In the case Whitner v. South Carolina in 1997, the South Carolina State Supreme Court defined the concept of a child to include viable fetuses. This allowed grounds for prosecution of a pregnant womanÕs prenatal activity if those activities endangered or could potentially endanger the fetus within her. The case brought the issue of fetal rights versus pregnant womenÕs rights to light. The case also explored whether or not the conviction of a pregnant woman was in the best interest of a fetus, because fear of prosecution could lead the woman to not seek prenatal care or to seek an abortion outside of licensed clinics.

The biogenetic law is a theory of development and evolution proposed by Ernst Haeckel in Germany in the 1860s. It is one of several recapitulation theories, which posit that the stages of development for an animal embryo are the same as other animals' adult stages or forms. Commonly stated as ontogeny recapitulates phylogeny, the biogenetic law theorizes that the stages an animal embryo undergoes during development are a chronological replay of that species' past evolutionary forms. The biogenetic law states that each embryo's developmental stage represents an adult form of an evolutionary ancestor. According to the law, by studying the stages of embryological development, one is, in effect, studying the history and diversification of life on Earth. The biogenetic law implied that researchers could study evolutionary relationships between taxa by comparing the developmental stages of embryos for organisms from those taxa. Furthermore, the evidence from embryology supported the theory that all of species on Earth share a common ancestor.

The US Supreme Court case Ferguson v. City of Charleston (2001) established that public hospitals couldn't legally drug test pregnant women without their consent when those women sought prenatal care at those hospitals. The court held that such searches violated the pregnant women's protections under the Fourth Amendment to the US Constitution. The decisions also indicated those circumstances that qualified as special needs exceptions to the Fourth Amendment, and it highlighted the extent to which pregnant women are sovereign individuals in the eyes of the Court. Ferguson v. City of Charleston brought public attention to women's reproductive rights and to fetal rights.