Fetal Viability term papers report that protection under the Fourteenth Amendment is not the only element that has been offered as a determining factor in the availability of legalized abortion. The issue of when a fetus can be considered a viable human being has also been entered in many cases that debate a pro-life verses pro-choice stance. In the Supreme Court Case of Planned Parenthood of Southeastern Pennsylvania vs. Carey, the Court determined that the State was compelled to intercede in cases involving the viable fetus but that the determination of viability is largely at the discretion of the physician. Only when a fetus is considered capable of survival outside of a woman’s body may the State enforce abortion regulations. Unfortunately, the determination of viability is an inexplicit science.
The inexact measures of proving fetal viability were addressed in the case of Planned Parenthood of Central Missouri v. Danforth, which went before the U.S. Supreme Court. Not only did the U.S. Supreme Court determine that an attending physician had the right to ascertain the viability of a fetus on an individual basis, but it also rejected previously decided fetal conditions for that determination. It also voided a Pennsylvania statute mandating adherence to a standard of care if the fetus was, in fact, determined viable.