Abstract
The process of developing a new life has always been a mystery. But with the help of modern image technology, mankind can finally uncover the vail that leads to life’s origin. Whenever we talk about nurturing a new life, a beautiful image of a mother eagerly expecting the birth of her child appears in our mind. But the issue of abortion and improper care becomes has cracked this dream for many mothers. When the society forces women to take on the full responsibility of giving birth and rearing the young, this could have become the reason that pushes women in lower social class to choose high risk, and highly invasive measure of abortion. Sometimes there could be a over restriction issue that protects the safety of the fetus to the point that might affect the mother’s right. In light of these issues, what should the relationship between a mother and a fetus should be? How should a country protect the life and safety of a fetus? Whether the current law provides enough protection for a fetus? And how can we ensure the right of a fetus is protected will be our main focus. This article will be a three part discussion focusing on the legal status of a fetus and the rights that protect it. The first part of the argument will come from the biomedicine and bioethics and talk about the definition of a fetus and its relation to its mother. The second part will be looking at the legal status of a fetus that it currently holds, and combining it with the previous argument to determine whether our current legal system is protecting a fetus’s life and safety. Then this article will provide its own take on how fetuses’ legal status should be and how it should be protected. Finally, this article will compare the legal structure and precedents from Germany and the U.S., then provide a suggestion to amend our law.