1. Alice, eight months pregnant, while transporting her pregnant horse and cow to market is struck by a truck when its driver runs a red light. Her viable fetus, foal and calf are all stillborn within twenty-four hours as a result of the collision. Can Alice recover under the Texas wrongful death statute for loss of her fetus, and can she recover for loss of her property interest in her preborn animals?

Fetus? Yes No

Foal? Yes No

Calf? Yes No

2. Maria is three weeks pregnant. Her husband is killed in an oil field explosion due to negligence of the lease operator. Does her preborn daughter possess a cause of action in Texas for wrongful death of her father when she is only three weeks of age from conception?

Yes

No

3. Alfred fires a gunshot through Betty with an intent to kill Betty and her preborn child. The bullet passes through Betty and Betty's 8 1/2 month old preborn daughter. Betty survives. Her fetus is killed instantly. Alfred can be convicted in Texas for murder of Betty's fetus.

True

False

4. Alice, eight months pregnant, while transporting her pregnant horse and cow to market is struck by a truck when its driver runs a red light. Her foal and calf are stillborn within twenty-four hours as a result of the collision. Her premature child is born the next day, lives two weeks, and then dies from the injury. Can Alice recover under the Texas wrongful death statute for death of her child? [Note: This is not the same as question as number 1.]

Yes

No

5. Alfred fires a gunshot through Betty with an intent to kill Betty and her preborn child. The bullet passes through Betty and Betty's 8 1/2 month old preborn daughter. Betty survives. Her child is born alive the next day, lives for one week, then dies of the gunshot wound. Alfred can be convicted in Texas for murder of Betty's daughter. [Note: This is not the same as question as number 3.]

True

False

6. Under the Texas Wrongful Death Statute, for parents seeking to recover for the in utero wrongful death of their fetus, the Texas Supreme Court considers the fetus:

A person

A chattel

A nothing

7. Under the Texas Wrongful Death Statute, the Texas Supreme Court considers the preborn child seeking to recover for the wrongful death of a parent:

A person

A nothing

8. Grandmother leaves a Last Will and Testament giving her estate to her only child, Son, if living, and if not, equally to her grandchildren. Grandmother and Son die in a common disaster. Son is survived by three children of his first marriage ages 2, 6 and 8, and by Lisa, a child of his second marriage who was conceived before Son's death and born eight months following the deaths of Grandmother and Son.

Lisa owns one-fourth of her grandmother's estate.

Lisa owns none of her grandmother's estate.

9. Jennifer goes to Dr. Showery for an abortion of her third-trimester preborn child via hysterotomy abortion (similar to cesarean section). "Complications" develop, and the child is removed with signs of life. Its face is covered with its own placenta by Dr. Showery in an effort to suffocate it. When it refuses to die, it is immersed by Dr. Showery in a liquid in an effort to drown it. When it still refuses to die, it is sealed in a plastic trash bag by Dr. Showery where, finally, it dies. Dr. Showery can be convicted in Texas for murder of the child.

True

False

10. Sandy's will gives her $500,000.00 estate to her only son, James, if living, and if not, to his children. The Will also provides that if James fails to survive Sandy without a child surviving him, her estate is given to her sisters. James dies when his wife is one month pregnant, without leaving other children. Sandy dies the next month. James' widow willfully secures a nontherapeutic abortion the following month. Who receives Sandy's $500,000.00 estate?

James' widow

The sisters

11. During an after-school fight, Juanita, age 16 and eight months pregnant, is attacked by three classmates who intend to kill or injure Juanita's fetus with blows to the abdomen. Juanita stabs and kills one of the attackers. Juanita can rely on the defense-of-a-third-party statute (Texas Criminal Code Section 9.33) in her trial for murder.

True

False

12. If a voluntary statement of fatherhood has been executed by a man claiming to be the biological father of a preborn child who has no presumed father, a suit to establish paternity may be filed:

At any time following conception

After the child becomes viable

Only after birth

13. A suit for termination of the parent-child relationship may be filed:

At any time following conception

At viability

Only following birth

14. Texas has a criminal abortion statute?

True

False

Uncertain

All of the Above

15. Texas has laws prohibiting doctors from aborting a preborn child:
(Hint: you can choose more than one)

After conception

After viability if the mother's life or health are not in danger

During parturition

16. Pursuant to current U. S. Supreme Court cases on abortion:

a. A woman has a fundamental right to an abortion.

True

False

b. A state may prohibit all abortions after viability except where necessary to save the life of the mother or to protect her from serious risk of substantial and irreversible impairment of a major bodily function.

True

False

c. A state may require an abortionist to provide printed information to a woman planning an abortion at least 24 hours before he removes the fetus/preborn child:

• showing health risks of abortion

• stating the probable gestational age of the preborn child

• consisting of printed materials published by the State describing the preborn child

• containing a list of agencies which provide adoption and other services as alternatives to abortion

True
False

17. (sections a through l)
Under present Texas law, when do I become a person?

	At Conception	At Viability	At Birth	Never
a. For inheritance from my father?
b. For my murder while preborn?
c. For non-fatal injury done to me?
d. For my wrongful, in utero, negligent death?
e. For my death via abortion if my mother is healthy?
f. For my death via abortion if my mother is not healthy?
g. For wrongful death of my father?
h. For purposes of the Fourteenth Amendment to the U. S. Constitution?
i. For child support?
j. For the Rule Against Perpetuities?
k. For my mother's recovery of prenatal health care expenses in a paternity suit?
l. For probate proceedings, disclaimers, and suits involving trusts?

WHO/WHAT AM I?

Permission to use artwork granted by The Heritage House '76, Inc. "The Precious Feet People." For FREE catalog call 1-800-858-3040.

For Question 18, each answer corresponds with one question - each answer should only be used one time.

a. According to her four-year-old brother, I am:

	A product of conception
	Postconception life
	A baby
	A U.S. Constitution 14th Amendment non-person
	Her little sister
	A developing organism

b. According to U. S. Supreme Court Justice Harry A. Blackmun in Roe v. Wade, I am:

	A product of conception
	Postconception life
	A baby
	A U.S. Constitution 14th Amendment non-person
	Her little sister
	A developing organism

According to her seven-year-old sister after viewing the sonogram, I am:

	A product of conception
	Postconception life
	A baby
	A U.S. Constitution 14th Amendment non-person
	Her little sister
	A developing organism

According to 66th Texas Legislature of 1979 in Texas Family Code Section 151.004(b), I am:

	A product of conception
	Postconception life
	A baby
	A U.S. Constitution 14th Amendment non-person
	Her little sister
	A developing organism

According to U. S. Supreme Court Justice Sandra Day O'Connor in Planned Parenthood v. Casey, 112 S.Ct. 2771, 2811, I am:

	A product of conception
	Postconception life
	A baby
	A U.S. Constitution 14th Amendment non-person
	Her little sister
	A developing organism

According to Justice Stevens in Planned Parenthood v. Casey, 112 S.Ct. 2791, 2839, I am:

	A product of conception
	Postconception life
	A baby
	A U.S. Constitution 14th Amendment non-person
	Her little sister
	A developing organism

1. Your heart began to beat regularly:

A. At 18 days (2 1/2 weeks) following your conception

B. When you became viable

C. When you first realized:

(1) girls were pretty

(2) boys were handsome.

2. You started swimming and doing back flips:

A. When your mom was 6 months pregnant

B. 9 weeks (2 1/4 months) pregnant

C. 8 months pregnant

D. Forget the back flips, you can't even do a good belly-flop.

3. When did you most likely feel pain for the first time?

A. When they cut your umbilical cord

B. When your mom was 7 weeks pregnant

C. After your first lunch in the school cafeteria

4. By the time your mother found out she was pregnant, you were:

A. A tiny speck smaller than the period at the end of a sentence

B. A miniature human with arms, legs and a heartbeat

C. A ball of cells the size of a marble

5. When did you start using your brain?

A. When your mom was 8 months pregnant

B. When she was 40 days pregnant

C. If you still haven't started using your brain, go on to the next question.

6. When was the color of your hair determined?

A. At conception

B. 3 months into the pregnancy

C. Only your hairdresser knows for sure.