can a baby live outside the womb at 28 weeks
The United States Supreme Court stated in Roe v. Wade (1973) that viability (i.e., the ``interim point at which the fetus becomes ... potentially able to live outside the mother's womb, albeit with artificial aid'') ``is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks.'' The 28-week definition became part of the ``trimester framework'' marking the point at which the ``compelling state interest'' (under the doctrine of strict scrutiny) in preserving potential life became possibly controlling, permitting states to freely regulate and even ban abortion after the 28th week. The subsequent Planned Parenthood v. Casey (1992) modified the ``trimester framework,'' permitting the states to regulate abortion in ways not posing an ``undue burden'' on the right of the mother to an abortion at any point before viability; on account of technological developments between 1973 and 1992, viability itself was legally dissociated from the hard line of 28 weeks, leaving the point at which ``undue burdens'' were permissible variable depending on the technology of the time and the judgment of the state legislatures.
Fetal viability