Legal Rights of Unborn Children in NC – Revised October 2015

October 6th, 2015 by

Legal Rights of Unborn Children in North Carolina

By: Paul Stam, Representative of the 37th District

Revised October 1, 2015

Abortion and Cloning Law in North Carolina

 The first section summarizes the current legal rights of unborn children in North Carolina.

The second section is the history of the way that legal rights of unborn children have been approached alongside the law of abortion in North Carolina. A longer version appears as “The End of the State Abortion Fund” 22 Campbell Law Review 119 (1999).

The third section includes questions on human cloning. There is no North Carolina case or statutory authority on this subject except that cloning is subject to limits on abortion for clones that are intentionally destroyed.

Anyone with children knows that birth does not usually occur in a particularly private setting. Nor do the vast majority of abortions. These occur at clinics that use group counseling and employ a doctor who rarely knows the patient and certainly has not explored with her patient any existential questions on the meaning and mysteries of her existence.[1] Until October 1, 2013, the physician did not even have to be present in the same room with the woman.[2]

The consequences of an abortion are not limited to those making the decision. One thinks of the father whose opportunities for custody and whose obligations for monthly support obligation can either be zero or a substantial figure multiplied by 12 months times 18 years. His financial interest is in seeing the abortion go forward but he is allowed no say in the decision.[3] On the other, hand, the Social Security Trust Fund is heading toward insolvency because of the rapidly declining ratio of workers to retired people. Whatever the merits of these countervailing fiscal pressures, the consequences of an abortion are anything but private.         

[1] Planned Parenthood v. Casey, 505 U.S. 833 (1992).

[2] S.L. 2013-366 Sec. 4(a). N.C. Gen. Stat. § 90-21.82(a).

[3] Planned Parenthood v. Casey, supra, Section VC.

For the full article with footnotes please click here.