Fetal viability
The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. (February 2024) |
Fetal viability is the ability of a human fetus to survive outside the uterus.
Viability depends upon factors such as
Medical viability is generally considered to be between 23 and 24 weeks gestational age, meaning that these newborns have a < 50% chance of either dying or surviving with severe impairment if active care is instituted; this applies to most fetuses at ≥ 24 weeks of gestation, and to some fetuses at 23 weeks of gestation with favourable risk factors.[2][3][4]
As of 2022, the world record for the lowest gestational age newborn to survive is held by Curtis Zy-Keith Means, who was born on 5 July 2020 in the United States, at 21 weeks and 1 day gestational age, weighing 420 grams.[5]
Definitions
Viability, as the word has been used in the United States constitutional law since Roe v. Wade, is the potential of the fetus to survive outside the uterus after birth, natural or induced, when supported by up-to-date medicine. Fetal viability depends largely on the fetal organ maturity, and environmental conditions.[6] According to Websters Encyclopedic Unabridged Dictionary of the English Language, viability of a fetus means having reached such a stage of development as to be capable of living, under normal conditions, outside the uterus. Viability exists as a function of biomedical and technological capacities, which are different in different parts of the world. As a consequence, there is, at the present time, no worldwide, uniform gestational age that defines viability.[7]
According to the McGraw-Hill medical dictionary a nonviable fetus is "an expelled or delivered fetus which, although living, cannot possibly survive to the point of sustaining life independently, even with support of the best available medical therapy."[8] A legal definition states: "Nonviable means not capable of living, growing, or developing and functioning successfully. It is the antithesis of viable, which is defined as having attained such form and development of organs as to be normally capable of living outside the uterus." [Wolfe v. Isbell, 291 Ala. 327, 329 (Ala. 1973)][9]
Various jurisdictions have different legal definitions of viability. In Ireland, under the Health (Regulation of Termination of Pregnancy) Act 2018, fetal viability is defined as "the point in a pregnancy at which, in the reasonable opinion of a medical practitioner, the foetus is capable of survival outside the uterus without extraordinary life-sustaining measures." [Definitions (Part 2)(8)][10]
Black's law dictionary 6th edition
Viability. Capable of living. A term used to denote the power a newborn child possesses of continuing its independent existence. That stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life-support systems. The constitutionality of this statutory definition (V.A.M.S. (Mo.),188.015) was upheld in Planned Parenthood of Central Mo. v. Danforth, 428 U.S. 52,96 S.Ct 2831, 49 L.Ed.2d 788.
For purposes of abortion regulation, viability is reached when, in the judgement of the attending physician on the particular facts of the case before her, there is a reasonable likelihood of the fetuses' sustained survival outside the womb, with or without artificial support. Colautti v. Franklin, 439 U.S. 379,388, 99 S.Ct. 675, 682, 58 L.Ed.2d 596. See Also Viable; Viable Child.
Medical viability
Fetal viability is generally considered to begin at 23 or 24 weeks
There is no sharp limit of development, gestational age, or weight at which a human fetus automatically becomes viable.[13] According to one study, between 2013 and 2018 at United States academic medical centers, the percentage of newborns who survived long enough to leave the hospital was 30% at 22 weeks, 55% at 23 weeks, 70% at 24 weeks, and 80% of those born at 25 weeks gestational age.[14] Between 2010 and 2014, babies in the United States had an approximately 70% survival rate when born under weight of 500 g (1.10lb), an increase from a 30.8% survival rate between 2006 and 2010.[15] A baby's chances for survival increases 3 to 4 percentage points per day between 23 and 24 weeks of gestation, and about 2 to 3 percentage points per day between 24 and 26 weeks of gestation. After 26 weeks the rate of survival increases at a much slower rate because survival is high already.[16] Prognosis depends also on medical protocols on whether to resuscitate and aggressively treat a very premature newborn, or whether to provide only palliative care, in view of the high risk of severe disability of very preterm babies.[17]
Completed weeks of gestation at birth | 21 and less | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 30 | 34 |
---|---|---|---|---|---|---|---|---|---|---|
Chance of long-term survival with advanced medical care | <1%[18] | 30%[14] | 55%[14] | 70%[14] | 80%[14] | 88%[14] | 90%[14] | 95%[14] | >95% | >98% |
Period of viability
Beliefs about viability vary by country. Medical decisions regarding the resuscitation of extremely preterm infants (EPI) deemed to be in the "grey zone" usually take into account weight and gestational age, as well as parental views.[19][20][21][22] One 2018 study showed that there was a significant difference between countries in what was considered to be the "grey zone": the "grey zone" was considered to be 22 to 23 weeks in Sweden, 23 to 24 weeks in the UK, and 24 to 26 weeks in the Netherlands.[19] Whether the fetus is in the period of viability may have legal ramifications as far as the fetus' rights of protection are concerned.[23] Traditionally, the period of viability referred to the period after the twenty-eighth week.[24]
Indian Law considers the period of viability to be the period after 28 weeks of gestational age.[25]
United States Supreme Court
The
Born-Alive Infants Protection Act of 2002
In 2002, the U.S. government enacted the
U.S. state laws
Forty-three states have laws banning post-viability abortions unless pregnancy threatens the life or health of the woman or there is a
Limit of viability
The limit of viability is the
As of the mid-2000s, the limit of viability is considered to be around 24 weeks, although the incidence of major disabilities remains high at this point.[35][36] Neonatologists generally would not provide intensive care at 23 weeks, but would from 26 weeks.[37][35][38]
Different jurisdictions have different policies regarding the resuscitation of extremely premature newborns, that may be based on various factors such as gestational age, weight and medical presentation of the baby, the desires of parents and medical practitioners. The high risk of severe disability of very premature babies or of mortality despite medical efforts lead to ethical debates over quality of life and futile medical care, but also about the sanctity of life as viewed in various religious doctrines.[39]
As of 2022, the world record for the lowest gestational age newborn to survive is held by Curtis Zy-Keith Means, who was born on 5 July 2020 in the United States, at 21 weeks and 1 day gestational age, weighing 420 grams.[5]
A preterm birth, also known as premature birth, is defined as babies born alive before 37 weeks of pregnancy are completed.[40] There are three types of preterm births: extremely preterm (less than 28 weeks), very preterm (28 to 32 weeks) and moderate to late preterm (32 to 37 weeks).[40]
Factors that influence the chance of survival
There are several factors that affect the chance of survival of the baby. Two notable factors are age and weight. The baby's
Several types of health problems also influence fetal viability. For example, breathing problems, congenital abnormalities or malformations, and the presence of other severe diseases, especially infection, threaten the survival of the neonate.
Other factors may influence survival by altering the rate of organ maturation or by changing the supply of oxygen to the developing fetus.
The mother's health plays a significant role in the child's viability. Diabetes in the mother, if not well controlled, slows organ maturation; infants of such mothers have a higher mortality. Severe high blood pressure before the 8th month of pregnancy may cause changes in the placenta, decreasing the delivery of nutrients and/or oxygen to the developing fetus and leading to problems before and after delivery.
Rupture of the fetal membranes before 24 weeks of gestation with loss of amniotic fluid markedly decreases the baby's chances of survival, even if the baby is delivered much later.[16]
The quality of the facility—whether the hospital offers neonatal critical care services, whether it is a Level I pediatric trauma care facility, the availability of corticosteroids and other medications at the facility, the experience and number of physicians and nurses in neonatology and obstetrics and of the providers has a limited but still significant impact on fetal viability. Facilities that have obstetrical services and emergency rooms and operating facilities, even if smaller, can be used in areas where higher services are not available to stabilize the mother and fetus or neonate until they can be transferred to an appropriate facility.[43][44][45][46]
See also
- Beginning of human personhood
- Futile medical care
- Office for Human Research Protections#Additional protection for pregnant women, human fetuses, and neonates
References
- ^ "Preterm birth". www.who.int. Retrieved 24 July 2022.
- ^ "Fetal viability is at the center of Mississippi abortion case. Here's why". Washington Post. 1 December 2021. Retrieved 24 July 2022.
- ISSN 0362-4331. Retrieved 24 July 2022.
- ^ British Association of Perinatal Medicine, Perinatal Management of Extreme Preterm Birth before 27 weeks of gestation | https://hubble-live-assets.s3.amazonaws.com/bapm/attachment/file/182/Extreme_Preterm_28-11-19_FINAL.pdf
- ^ a b "Most premature baby". Guinness World Records. 5 July 2020. Retrieved 23 July 2022.
- ^ "Fetal Viability". 2012. Archived from the original on 5 October 2018. Retrieved 15 November 2012.
- PMID 11753511.
- ^ The Free Dictionary. "nonviable fetus". Medical Dictionary. Retrieved 21 May 2019.
- ^ "Non-Viable Fetus Law and Legal Definition". USLegal. Retrieved 21 May 2019.
- ^ "Health (Regulation of Termination of Pregnancy) Act 2018" (PDF). Irish parliament.
- ISSN 0362-4331. Retrieved 8 May 2022.
- ISSN 0362-4331. Retrieved 11 November 2021.
- ISBN 978-0-7216-6974-8.
- ^ PMID 35040888.
- PMID 29956691.
- ^ a b "What are the chances that my baby will survive?". Archived from the original on 9 August 2018. Retrieved 14 November 2012.
- S2CID 20200767.
- ^ "World's most premature baby defies sub-1% survival odds to break record". Guinness World Records. 10 November 2021. Retrieved 15 March 2022.
- ^ PMID 30171144.
- ^ Li Z, Zeki R, Hilder L, Sullivan, EA (2012). "Australia's Mothers and Babies 2010". Perinatal statistics series no. 27. Cat. no. PER 57. Australian Institute of Health and Welfare National Perinatal Statistics Unit, Australian Government. Retrieved 4 July 2013.
- PMID 23700489.
- ^ Royal College of Obstetricians; Gynaecologists UK (April 2001). "Further Issues Relating to Late Abortion, Fetal Viability and Registration of Births and Deaths". Royal College of Obstetricians and Gynaecologists UK. Archived from the original on 5 November 2013. Retrieved 4 July 2013.
- ^ "Attorney Catherine Christophillis Discusses The Reasoning Behind The Drug Testing Of Pregnant Women". Legal News Chat Transcript. 25 October 2000.
- OCLC 14054441.
- ^ "IMA issues guidelines on fetal viability". India Today. Retrieved 11 March 2023.
- ^ a b c Roe v. Wade, 410 U.S. 113, 160, 93 S.Ct. 705, 730 (1973).
- ^ "House Report 107-186 - Born-Alive Infants Protection Act of 2001". frwebgate.access.gpo.gov. Retrieved 3 April 2018.
- PMID 16199687.
- . Retrieved 8 October 2015.
- PMID 20956432.
- PMID 12602752.
- ^ Foer F (1997). "Fetal Viability". Slate. Retrieved 14 November 2012.
- PMID 28883097.
- ^ Walsh F (11 April 2008). "Prem baby survival rates revealed". BBC News. Retrieved 11 May 2008.
- ^ S2CID 20495326.
- S2CID 27735824.
- PMID 17955714.
All would provide intensive care at 26 weeks and most would not at 23 weeks. The grey area is 24 and 25 weeks gestation. This group of infants constitute 2 per 1000 births.
- ^ Roe v. Wade, 410 U.S. 113 (1973) ("viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks.") Retrieved 4 March 2007.
- ^ "Critical care decisions in fetal and neonatal medicine: ethical issues: a guide to the Report" (PDF). Nuffield Council on Bioethics. London, England. 2007.
- ^ a b "Preterm birth". World Health Organization. Retrieved 3 April 2018.
- PMID 16396844.
- PMID 26232714. Proposed mechanisms include:
- Male fetuses mature slower than female fetuses, and thus have prolonged vulnerability. [...]
- The uterus is less hospitable to male fetuses than it is to female fetuses. [...]
- Prenatal sex steroids differentially affect the intrauterine environment and developing fetal brain. [...]
- From an evolutionary biology standpoint, male and female fetuses may rely on different adaptation strategies to maximize survival early in life.
- ^ "NIH Study Reveals Factors That Influence Premature Infant Survival, Disability" (Press release). NIH. 16 April 2008. Retrieved 29 February 2020.
- PMID 25988638.
- ^ Behrman RE, Butler AS, eds. (3 April 2018). "Mortality and Acute Complications in Preterm Infants". Preterm Birth: Causes, Consequences, and Prevention. National Academies Press (US). Retrieved 3 April 2018.
- ^ Belluck P (6 May 2015). "Premature Babies May Survive at 22 Weeks if Treated, Study Finds". The New York Times. Retrieved 3 April 2018.
Further reading
- "Fetal Viability and Death" (PDF). United States. National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. May 2006.