Legal Medicine - Abortion, Birth and Infanticide

ABORTION
BIRTH
ABORTION BIRTH
and
and
INFANTICIDE
INFANTICIDE
Concepts of Abortion:
Expulsion of the
contents of a
gravid uterus
anytime before
full term
AGE OF VIABILITY:
fetus is potentially able
to live outside the
mothers womb albeit
with respiratory aid
Forcible expulsion
of the products of
conception before
the age of viability
Legal Concept of Abortion:

willful killing of
the fetus in the
uterus, or violent
expulsion of the
fetus from the
maternal womb
which results in
the death of the
fetus.
clinical types of abortion:

missed abortion ovum is destroyed by
hemorrhage into the choriospace
threatened abortion hemorrhage without
dilatation of the cervical os
inevitable abortion hemorrhage with
dilatation of the internal os and
presence of rhythmical pain
CAUSES of ABORTION
abnormality of
the uterus
emotional
instability
abortifacient
drugs
trauma
hyperpyrexic
diseases
fetal death
hormonal
deficiency
complete abortion
The whole
product of
conception is
expelled
incomplete abortion
Not all products
of conception
are expelled
from the uterus
The crime of abortion under the

REVISED PENAL CODE
Art. 256: INTENTIONAL

ABORTION
Elements:
Woman is pregnant
That violence was applied, or drug
was administered
That the fetus dies or is expelled
That the offender has the intention
Art. 257: UNINTENTIONAL

ABORTION
Elements:
Woman is pregnant
Violence was applied
on her without the
intention of aborting
her
Abortion resulted
from the violence
Art. 258: ABORTION PRACTICED BY THE

WOMAN HERSELF OR BY HER PARENTS
Elements:
the woman is
pregnant
abortion is intended
to be committed
as induced by:
the woman herself
other persons with
consent of the woman
parents of the woman
for the purpose of
concealing dishonor
Art. 259:
ABORTION PRACTICED BY A
PHYSICIAN OR MIDWIFE AND
DISPENSING OF ABORTIVES
The woman is pregnant

The physician induced or
assisted in causing the
abortion with the use of
scientific knowledge
There was intent
Kinds of Abortion
spontaneous
induced
Therapeutic
Criminal
Grounds for THERAPEUTIC ABORTION
cardiovascular conditIons
renal conditions
advanced kochs
blood conditions and severe anemia
gynecological conditions
diabetes, exopthalmic goiter
hereditary insanity
LEGAL JUSTIFICATION to
THERAPEUTIC ABORTION
ART. 11, No. 4, RPC
Any person who, in order to avoid an evil or
injury, does an act which causes damage to
another, provided that the ff. requisites are
present:
That the evil sought to be avoided actually exists
The injury feared be greater than that done to
avoid it
Safeguards in performing THERAPEUTIC

ABORTION
Licensed Physician
Performed to save
the life of the
mother
Must be performed
openly in a
hospital setting
Secure the
opinions of other
physicians
Enlightened or
Expressed
Consent
Why Do Women Procure Abortion
1. To preserve life and health

2. To terminate prematurely
illegitimate pregnancy in
order to conceal dishonor
3. Financial difficulty
4. To preserve body form
HOW ABORTION IS INDUCED

GENERAL VIOLENCE
LOCAL VIOLENCE
Severe pressure
on the
abdomen
Violent exercises
Cupping
Leeches
Warm and cold douche

Injection of fluid into
the
uterine cavity
Luminaria or tangle
tent
Insertion of soft rubber
Instrumentation
Why is it difficult to prosecute Physicians ?
1. The crime is performed clandestinely

2. The physician may have several medical
reasons to justify the procedure
3. The corpus delicti is easily discarded
4. The woman herself is in connivance with
the physician
5. Lukewarm attitude of the medical
society to assist the state
Justification of ABORTION LAWS

Life begins from the
moment of conception
In a predominantly
Catholic society, abortion
is considered sinful, illicit
and contrary to the tenets.
God created man and He
alone can destroy it!
LIBERALITY OF ABORTION LAWS

The rich can afford a clandestine, illegal but
safe abortion as against the poor performing
it under high-risk situations
Statistics show that children born resulting
from thwarted abortion end up mentally and
physically impaired
It violates a womans right of privacy
Predictability of fetal status
The abortion trend is in consonance with
solving over-population
BIRTH
LEGAL SIGNIFICANCE OF BIRTH:
Art. 40, NCC
Birth determines
personality; but the
conceived child shall be
considered born for all
purposes that are favorable
to it, provided it be born
later with the conditions
specified in the ff. article.
Art. 41, NCC
For civil purposes, the fetus

is considered born if it is
alive at the time it is
completely delivered from
the mothers womb.
However, if the fetus had an
intra-uterine life of less
than 7 months, it is not
deemed born if it dies within
24 hrs. after its delivery.
Art. 760, NCC

Every donation inter vivos
made by a person having no
children may be revoked
or reduced if the donor,
after the donation, has
children, even though they
be posthumous.
Concepts of BIRTH:
MEDICINE:
The entire delivery of
a child with or without its
separation from the body
of the mother
The cessation of
the symbiotic
relation between
mother and fetus
It is not necessary
that the cord should
have been cut or the
placenta expelled
STILL BIRTH
When the child has
not breathed or has
not shown any signs
of life after being
completely born
CAUSES:
Immaturity
Congenital diseases
Debilitating
diseases
Disease of the
generative organ
Accidents in Delivery
Violence
PROOFS of LIFE:
LIVE BIRTH
Heart activity
Movement and crying
Respiration
chest arching
fall of the level of
the diaphragm
lung expansion:
- overlapping heart
and thymus gland
- voluminous and
mottled
- crepitations with
froth Marble look
In LAW, the presumption

is every newborn child
found dead was born
dead.
HYDROSTATIC TEST
FODERES test
STATIC test
Introduction of air into
the lungs will lower the
specific gravity
En-Bulk immersion
Piece-Meal immersion
Query: What about

putrefaction?
When is HYDROSTATIC TEST not necessary?
Intra-uterine
Intra-uterinelife
lifeofofless
lessthan
than180
180days
days
Monster
Monsterfetus
fetus
Separated
Separatedumbilical
umbilicalcord
cord
Cicatrized
Cicatrizedumbilicus
umbilicus
Coagulated
Coagulatedmilk
milkininthe
thestomach
stomach
Intrauterine
Intrauterinefetal
fetalmaceration
maceration
EXPANDED
Smaller volume
Sharply-projected edges
beyond thymus and heart
Uniform dark color or
purplish gray
Solid feel
On section, very little
blood exudes
450-650 gms.
Hydrostatic test (-)
Micro: collapsed air sacs
UNEXPANDED
Greater volume
Edges rounded and
covers the thymus and
heart
Bright vermilion and
mottled lungs
Spongy and crepitant
Blood-stained frothy
serum exudes on
squeezing
900 1,000 gms.
Hydrostatic test (+)
Micro: expanded air sacs
Other TESTS:
On still-born: stomach
only contains mucous
After respiration: mucous,
air bubbles and saliva
WREDINS TEST:
middle ear is filled with
gelatinous, embryonic
connective tissue
STOMACH-BOWEL
TEST
FLOATATION TEST
BRESLAUS SECOND
LIFE test
Skin bright red
in color
Vital reactions in
marks of
violence
Signs of maturity of the child AT BIRTH:
Length = 50 cm.; Weight = 3 kg.

Lanugo absent; body plump
Vernix caseosa; no facial wrinkles
Hair about 2 in. long
Fingernails project, toenails no
Testicular descent on one or both
Vulva closed by labia
Lower end of femur shows
ossification by about 0.6 cm.
NEONATICIDE
Art. 255, RPC: INFANTICIDE

the killing of a child less than 3 days old
Penalty imposed:
Parricide (Art. 246)

Murder (Art. 248)
Lesser penalty if
committed by the
mother to conceal
her dishonor
Or by the maternal
grandparents, or either
Motives for committing

INFANTICIDE:
To conceal family dishonor
Financial constraints
Ineffective family planning
Congenital abnormality
Parental mental abnormality
Belief of Karma
How the crime of INFANTICIDE is

committed:
Omission or Neglect
Failure to ligate the
umbilical cord
to protect the child
from heat or cold
to secure medical
or paramedical help
to feed
Accidental suffocation
Commission
Inflicting physical
injuries
Deliberate exposure
to heat or cold
Drowning,
suffocation or
strangulation
Poisoning
Burning

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ABORTION

Legal Concept of Abortion:

clinical types of abortion:

The crime of abortion under the

Art. 256: INTENTIONAL

Art. 257: UNINTENTIONAL

Art. 258: ABORTION PRACTICED BY THE

The woman is pregnant

Grounds for THERAPEUTIC ABORTION

Safeguards in performing THERAPEUTIC

Why Do Women Procure Abortion

1. To preserve life and health

HOW ABORTION IS INDUCED

Warm and cold douche

Why is it difficult to prosecute Physicians ?

1. The crime is performed clandestinely

Justification of ABORTION LAWS

LIBERALITY OF ABORTION LAWS

LEGAL SIGNIFICANCE OF BIRTH:

Art. 40, NCC

Art. 41, NCC

For civil purposes, the fetus

Art. 760, NCC

In LAW, the presumption

Query: What about

When is HYDROSTATIC TEST not necessary?

Signs of maturity of the child AT BIRTH:

Length = 50 cm.; Weight = 3 kg.

Art. 255, RPC: INFANTICIDE

Parricide (Art. 246)

Motives for committing

How the crime of INFANTICIDE is

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