Good Question that indicates a flawed legal definition. Here's another....
Can an adult human bring charges against their parents if they realize that they would have chosen to remain non-existant to being born into a life they did not choose? Would the plainiff have a legitimate complaint of violation of his/hers unborn right to self determination?
I mean, the Pro-Lifers argue that a fetus is a human being and is protected under the constitutiion. So , what about the rights of the unborn spirit? How can one call a fetal abortion murder when that fetus was never allowed its right to self determination?
What gives ANY HUMAN parent the right to speak for the will of the unborn spirit? Just because NONE of us can remember what the comfort , warmth and safety of non-existance was like , what makes YOU think conscious life is so much more desirable?
Ignorance should not be an excuse for violating anothers right to choose , whether born or unborn.
( Human embryo at 6 weeks. Note umbilical cord, yolk sac (a vestigial organ), gill arches, and tail.)