Viability

What is viability?

Viability means the capacity of a fetus to survive outside the woman’s womb. Many people feel that viability is a morally significant point in pregnancy.

Viability is a contentious term, because there is no universally agreed definition of the term. These are some of the possible interpretations of the term:

• The lowest gestational age at which all newborn babies could survive.
• The lowest gestational age at which most newborn babies could survive.
• The lowest gestational age at which some or any newborn babies could survive.
• The lowest gestational age at which newborn babies could survive without any medical intervention.
• The lowest gestational age at which newborn babies could survive without long-term medical intervention.
• The lowest gestational age at which newborn babies could survive with ongoing or long-term medical intervention.
• The lowest gestational age at which newborn babies could survive without the likelihood of ongoing health or developmental problems.

Viability in the UK

In 1990 the time limit for most abortions was reduced from 28 to 24 weeks in order to take account of the increasing ability of medical staff to keep premature babies alive.

At 24 weeks many newborn babies in the UK will survive – some in good health, some with developmental problems, some with the need for long-term support and treatment. Some babies have been kept alive earlier even than this.

The skill of medics and the development of new technology are likely to increase the survival rate of babies born prematurely. However, the physiology of the developing fetus means that it is unlikely that the lower age limit for survival will fall much further.

Viability around the world

The likelihood of keeping a premature baby alive varies enormously depending on the healthcare services available in the region, country or continent. A very premature baby in a rural area within the developing world is unlikely to survive.

Therefore viability in one place means something quite different from viability in another.

Argument for the moral significance of viability

Many people consider that viability is the moment at which abortion becomes unacceptable. Up to the point of viability the survival of the fetus is inextricably linked to the woman and many people believe that as long as it is entirely dependent on the woman’s body it cannot be said to be a person with independent rights.

After viability a fetus might survive inside or outside of the woman’s body so it is less likely to be perceived as a part or an extension of the woman’s body and more likely to be seen as a separate entity with separate rights.

Argument against the moral significance of viability

Many other arguments for and against the right of a woman to choose abortion do not rely on the issue of viability. For those who believe that the most important issue is the sanctity of life, and that all life is scared from the moment of conception, the ongoing development of the fetus or its viability are not relevant.

For those who believe that a decision about abortion should be based on the circumstances a woman is in and her ability to care for and love a baby, the issue of viability is not relevant.

For those whose primary concern is the right of the woman to make a decision concerning her body and her life, viability might not be relevant.

The most morally problematic aspect of using viability as an absolute moral marker is that if the fetus is considered to have increased rights at viability, most fetuses in the developing world gain those rights long after most fetuses in the developed world. Taken to its logical conclusion, a fetus of 24 weeks in the developing world might have no moral or legal rights; whereas a fetus in the developed world would have a legal or moral right to life.