1. All this,“, persuades us that the word ‘person,’ as used in the Fourteenth Amendment, does not include the unborn.” Roe v. Wade, 410 U.S. 113, 158 (1973).
2. The “moment of live birth” is a convenient point in time that can be ascertained easily, witnessed, and verified, whereas the moment of conception, the moment of quickening, and the “period of viability” are impossible to determine with certainty.
3. The U.S. census does not enumerate fetuses. Abelev. Markele, 351 F. Supp. 224, 229, n.9 (Conn. 1972). The U.S. Supreme Court has held that states are not required to provide AFDC benefits for unborn children. Burns v. AIcala, 420 U.S. 575 (1975). But the New York Court of Appeals upheld the state s regulation allowing eligible women to claim AFDC benefits from the fourth month of a medically certified pregnancy. Bates v. Toia, 5 F.L.R. 2004 (N.Y. Ct. App., Oct. 16, 1978 ).
4. Carroll v. Skloff, 202 A.2d 9 (Pa., 1964 ). “If the fetus is never bom, it does not and cannot have an estate from which others may take.” Ibid, at 11.
5. Bonbrest v. Kotz, 65 F. Supp. 138 (D.C. 1946 ). This was the first case allowing recovery for prenatal injuries not resulting in death. See Annot., 40 A.L.R.3d 1220 (1971) for a review of liability for prenatal injuries. Wrongful death actions involving a fetus after viability resulting in stillbirth have met with some success, but since wrongful death actions are purely statutory it depends on the wording or the interpretation of the statute. See Stern v. Miller, 348 So. 2d 303 (Fla. 1977), rehearing denied, for a case where the court held that a viable fetus is not a “person” within the intent of the Florida statute on wrongful death.