On May 12, 2010, a human fetus was discovered in the Dededo (Guam) sewage treatment plant. The coroner later determined that the "baby" (that's what the coroner called her) was female and 13 weeks gestation. The case is now in the hands of the police and the coroner is attempting to determine whether or not "the baby was born alive". But what if she was? Would the case then become a homicide?
There was some initial speculation that the baby was miscarried and may have simply passed into the sewage system without the mother's knowledge. However, a miscarriage at 13 weeks is extremely rare. Only 2% of miscarriages happen after 8.5 weeks. And in any case, if the baby was large enough to be recognized amongst all "the stuff" floating about a sewage treatment plant, it is doubtful that the mother did not notice her in the toilet. Thus, odds are that the child was aborted.
Certain medical abortions allow for the woman to deliver what is supposed to be a dead child at home. (I know of a recent case where a mother procured an abortion, delivered the dead child at home, wrapped it in a blanket, walked next door and handed it to a neighbor lady who had volunteered to adopt the child if she carried it to term.) It's also possible that the abortion was self-induced. In any case, there's a 98% chance that the baby girl was purposely aborted and not miscarried.
Under current Guam law, should the coroner ascertain that the baby girl was born alive before being disposed of, there is little that can be done. The chances of finding the mother are slim to none. But if by some chance the mother was identified, then there are two possible scenarios if abortion was involved: 1) If the woman obtained a legal abortion, delivered the still living baby (whether at home or in a clinic), the baby, under Guam law, is not protected. It can be killed or left to die. There would be no case. However, 2) if the woman induced the abortion herself, delivered a still living child, and killed it or left it to die, she could go to jail for infanticide or murder.
The case is further complicated by the fact that the child had not yet reached the age of viability (when it can survive outside the mother's womb - approximately 22-24 weeks). At 13 weeks, the child had no chance of survival. So then what would it matter if she killed it or left it to die since it would die anyway? And isn't the right to an abortion based on a woman's right to do with her body as she wishes? If the mother wants the child dead, society cannot stand in her way. Such questions illustrate the insanity of abortion. But now, what to do with the dead baby?
According to Title 10, Chapter 10 of the Guam Code :"All unembalmed dead human bodies shall be buried or cremated within twenty-four (24) hours after death, unless kept under adequate refrigeration in the custody of the Director..." So it seems that the body of this little girl must be buried or cremated. But what if the child was determined to have been aborted? Would the law still apply? Does the law apply now to aborted children? Just what do they do with the dead bodies of the nearly one child per day killed at the abortion clinics in Tamuning? Most likely they are discarded as bio-waste. But then isn't that breaking the law?
The law doesn't distinguish between born and unborn dead human bodies. The law says "all...dead human bodies". Dead human bodies that result from abortion are not excepted. According to the subsequent section in the law, the disposition of the body devolves to the next of kin, which of course would be the mother. By law she is required to see to the burial or cremation of her dead child. Since, this could be construed as an "undue burden" on the mother, the duty would fall to "the Director", actually, us, the taxpayer. Apparently, since the law will most likely not be enforced, our lawmakers may be forced to amend the law to allow aborted children to be dumped in the trash. Again, we see the insanity that is abortion.
Meanwhile, as a community we have on our hands the dead body of a 3 inch little girl. She weighs about 1 ounce. Her cartilage was just turning into bone. Her ribs were beginning to appear. Her nose and chin were already well defined. She was beginning to flex, kick, and suck her thumb. We can only hope that through God's "Divine Mercy", her soul was rescued and returned to Heaven at the moment of her death.