, 1896-09-26

ACASA -
not alter the above mentioned existing rule In
Overwhelmingly that no living being born
of wsman can he regarded as an abortion, but
that every such being born alive comes IN der
the law and can have rights which through 1t
NAV pass over to OtheTs,-Yet may give rise
to misunderstanding and in particular may
cause that the proof Of the birth of a living
child and of the time of the birth may be
lost; and the Ministry has called on the Go
vernment to have the matter rectlfed.
In accordance with the above the present
Draft of Ordinance is brought forward, IN
which also in accordance with the results of
Medical science, the Jime-limit, after the ex-
piration of the 28th week Of pregnancy" has
been introduced instead of "after the middle
of the 18th month of pregnancy' as deciding
low far a stillborn child must be regarded
as an abortion.
The Acting Vice Governor introduced the
Draft of Ordinance and remarked that the
Members of the Council by p%ernsing the
Draft and the printed Remarks attached to
it would see what it's object was; but it
might perhaps be desirable that he should
give some further explanations verbally.
Honorable Members were aware of, that
children, who are born before & certain time
of the mothers pregnancy, are unable to snr-
vive. This ''timelimit' was formerally con
Sidered to be the middle of the seventh month
of pregnancy, but according to later research
es it is found, that the right "tlms-Ilmit is
the end of the 28th week of pregnancy. 1t
is then a fact that children, who are born be-
fore the expiration of the 28th week of preg-
nancy lack the power TO live, but it does not
follow, that they may not live for a short
time, some hours or perhaps longer, and such
children, when they are born alive, are CON
Sequently by no means abortions. AS it is a
fundamental rule in Danish Law, that every
human being, which is born alive, from the
moment of its birth is in possession Of
legal rights, has what in Danish Is called
'Retsevne, or, as il is called in the English
translation of the printed remarks to
the Draft, comes under the law such
rights do consequently also devOlve on all
children, WI, are born before the expiration
of the 28th week of pregnancy, provided they
be born alive. Among such rights are I. /,
the right of inviolability, and hon. member
are aware of, that it is equally punishable to
injure or kill such a child as it is to injure
or kill a child, which is fully developed and
able to survive. But there is another night.
which devolves on all children born alive,
and which it is particularly of Importance to
mention here, namely the right TO inherlE.
If the father Of a child dies before the child
is born and without leaving any other issue,
then it will remain in suspense, who is to in
herit him, until the birth has taken place;
if the child be stillbOrn, then the mother
will only inherit a certain part of what her
husband has left. say / part, whereas the
parts will go to has relations. Otherwise, if
the child be born alive, even if 1t cannot con-
tinue to live on account of being before the
expiration Of the 18th week of pregnancy; in
that case the child and the mother will joint
~ inherit all what the father and husband has
left, and when the child then shortly after
wards dies, the mother will again inherit the
child's, and it will consequently be seen, that
the mother in reality finally will be her hus-
bands sole heir, partly in her own right, and
partly through the child, whereas the reIa-
tions of the husband do not inherit at all in
this case.
Honorable members will see from the
here mentioned example, that it is of the
greatest Importance with regard to every
child, also with regard to a child, which lis
born SO early, that it lacks the power to sur
vive, to ascertain, if it is born alive. and in
that case to secure the proof. that it is born
alive; and it is particularly also for that rea-
son prescribed, that the birth of every child,
which is born alive, shall be reported to
certain authorities, that there may not arise
any doubt afterwards, if a child was born
alive or was stillborn.
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