ABSTRACT
English common law treats the moment of live birth as the point at which a legal person comes into existence. Although abortion has often been pro hibited, it has almost never been classified as homicide. In contrast, infanti cide generally is classified as a form of homicide, even where (as in England) there are statutes designed to mitigate the severity of the crime in certain cases. But many people-including some feminists-now favor the extension of equal legal rights to some or all fetuses (S. Callahan 1984, 1986). The extension of legal personhood to fetuses would not only threaten women’s right to choose abortion, but also undermine other fundamental rights. I will argue that because of these dangers, birth remains the most appropriate place to mark the existence of a new legal person.
