If a near term pregnant woman died, could the baby be removed for viewing at the request of the family?
The reason I am asking this is because of Jessi Davis, the woman from Ohio who was murdered. If I were her family, I think I would want to see the baby.
I'm sorry if I offend anyone, but I did warn you! I posted this in the News category and in this category earlier, and while I have found that most people agree with me in wanting to see the baby, I have not found the actual legal answer!! I have spent many hours searching myself..
2007-07-01 09:23:54 · 12 answers · asked by Jason S 1 in Politics & Government ➔ Law & Ethics
I don't know the legal answer but I will answer you as a mother of 2. If my daughter died within the last month of her pregnancy I would want to be able to bury her with her child in her arms. Holding your baby is the ultimate goal for a pregnant woman.
If something happened to me during the last month of pregnancy I would want to be buried holding my child.
I know this is a strictly from the heart answer but that is all I have for you.
2007-07-01 09:31:11 · answer #1 · answered by New England Babe 7 · 1⤊ 0⤋
I do not know the exact answer, I am sure the laws vary by state. However, a full term baby viable for life is considered a separate individual usually after 22 weeks of development in the womb. This is because some preemies have been born and lived a normal life eventually from this point. In the Ohio case the murder is charged with two counts and the court system is considering the child a separate murder. I think if the families wish is to see the child it should be granted. My guess is the child was removed during the autopsy to help build the second murder case and prove a cause of death. We might find out the answer to your question when the guy goes to trial. In the mean time watch Nancy Grace on CNN who knows she might answer your question.
2007-07-01 16:40:06 · answer #2 · answered by Lily 7 · 1⤊ 0⤋
I would first ask the Coroner to see what condition the baby was in before I'd want to view. Jessie was left in the open for at least 10 days and was badly decomposed so the baby may well have had some serious decomposition, too.
Personally, I would not want to see either of them. I'd rather remember Jessie as she was last time I saw her and I wouldn't want to see my niece or granddaughter in that condition ~ it would only bring on bad memories later.
2007-07-01 16:34:32 · answer #3 · answered by KittyKat 6 · 1⤊ 0⤋
Im not sure but Im pretty sure they could. I don't see a reason not to. In the hospital if a baby is stillborn they will treat the baby no differently. They will wash the baby up and dress him or her, take pictures, let the parents hold him or her and make a scrapbook for the mom. Some people want that, some don't.
2007-07-01 16:28:32 · answer #4 · answered by littletricky 4 · 1⤊ 0⤋
Hmmmm a very sad question certainly.
If the baby was deemed to have expired with the mother, then I can see no legal requirement to permit other members of the family to 'see'the child. I can;t think of any precedent set for this situation to be honest.
2007-07-01 16:28:21 · answer #5 · answered by Sal*UK 7 · 0⤊ 0⤋
I would think that would be a personal choice that the family could make. I don't see where there would be anything illegal about it. During the autopsy I am sure they would need to remove the baby to wiegh her etc.
2007-07-01 16:27:41 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Sorry but I don't know the legal answer. However, I think that removing the baby would be tragic and too much for most people to handle. I would never do it.
2007-07-01 16:28:05 · answer #7 · answered by Bob 6 · 0⤊ 1⤋
It is possible. There is no legal problem,I don't think anyway. Nobody would get involved. They would fear an ethical outcry. A layman's opinion only.
2007-07-01 16:42:32 · answer #8 · answered by Dave-O Tacoboy 4 · 0⤊ 0⤋
don't worry about the question being offensive.
it sounds okay to want to see the baby. I'd want to see the baby if he/she was a memeber of my family.
2007-07-01 16:29:01 · answer #9 · answered by Anonymous · 1⤊ 0⤋
There's no law against it, but I don't think you could find another person who would actually want to do such a gruesome thing, so it is doubtful it would ever happen.
2007-07-01 16:27:40 · answer #10 · answered by Diminati 5 · 0⤊ 1⤋