Questions and Answers
When is a fetus considered born for civil purposes according to Art. 41 of the Civil Code?
If it is alive at the time it is completely delivered from the mother's womb.
According to Art. 42 of the Civil Code, the birth of the fetus marks the beginning of personhood.
True
At what point does PD 603 legally define human personhood?
At the point of fertilization or conception.
Which of the following theories suggests that human life begins when brain waves are detectable?
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According to the Biological Independence Theory, when can a fetus be said to have started to live?
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What does the Metabolic Theory argue regarding fertilization?
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When does the Embryological Theory maintain that human life begins?
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According to the Self-Consciousness Theory, when does human life begin?
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The Genetic Theory states that human life begins at fertilization.
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Study Notes
Beginning of Human Life
- Article 41 of the Civil Code states a foetus is considered born if alive at complete delivery; not deemed born if under seven months gestation and dies within 24 hours post-delivery.
- Article 42 of the Civil Code asserts that personhood begins at birth; civil personality ends at death.
- PD 603 (Child and Youth Welfare Code of 1974) defines human personhood as beginning at fertilization or conception.
Importance of Determining the Beginning of Human Life
- Essential for addressing serious moral issues like abortion.
Theories on the Origin of Life
- Various theories exist regarding when human life begins, each presenting distinct perspectives.
Neurological Theory
- Centers on electroencephalogram (EEG) functionality; determines brain waves to assess life status.
- Developed by Hans Berger, EEG indicates clinical death through a "flat line" recording.
- A fetus is considered alive when EEG detects brain activity, typically around 24-27 weeks (4-6.75 months) after gestation.
Biological Independence Theory
- Based on fetal viability, determined by the maturation of the fetal lungs.
- Viability significantly increases after 24 weeks (6.25 months) when lungs reach the saccular stage.
- Human life starts once the fetus can live independently outside the uterus.
Metabolic Theory
- Argues fertilization is a conceptual construct; both egg and sperm cells are individual living organisms.
- Proponents suggest fetal development is ongoing and cannot be pinpointed to a single moment.
Embryological Theory
- Claims human life begins at gastrulation, approximately during the third week of pregnancy (21 days).
- Describes a zygote as human and single, but not yet a person due to lack of individuality.
Self-Consciousness Theory
- Proposed by Michael Tooley, this theory posits that life begins when a child achieves self-consciousness.
- Personhood and the start of human life occur when a child attains an awareness of their own existence.
Genetic Theory
- Asserts that fertilization marks the beginning of humanness and personhood.
- Suggests the zygote, formed at fertilization, is an individual entity due to its unique genetic composition.
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Description
Explore the complex legal and moral theories surrounding the beginning of human life. This quiz covers important articles from the Civil Code and various theories, including the Neurological Theory, that address when personhood begins. Understanding these perspectives is crucial for informed discussions on topics such as abortion.
