A New York appeals court has ruled that a 7-year-old girl has the right to sue for injuries that occurred while she was in the womb -- a monumental decision that could have vast implications because it gives retroactive rights to the preborn.
Sarah Leighton was born premature due to injuries she sustained in the womb. She has mental and physical disabilities her parents say were caused by these injuries while she was still in the womb.
Carrie Gordon Earll, senior analyst for bioethics at Focus on the Family Action, said the court included the abortion issue in its decision, stating that it didn't affect abortion law. However, it left the door open for a child who survived an attempted abortion.
"This ruling indicates that the court would entertain that kind of an argument in a botched abortion where the surviving child would have legal standing to file suit, perhaps against the abortion practitioner," Earll told Family News in Focus.
Both the American Civil Liberties Union and NARAL Pro-Choice America are opposed to such rulings because they claim elevating the status of the fetus would erode the right to abortion. Neither group returned calls for comment.
