Paper Short Abstract:

In this paper I analyse the relationship between gestational age and viability to explore how technoscientific concepts are translated into legal language in reproductive policies and judicial verdicts, and prompt moral and criminal judgements on the basis of specific understandings of temporality.

Paper Abstract:

Pregnancy dating, or gestational age assessment, is one of the processes that is considered crucial to design care for pregnant people, irrespective of the outcome of the pregnancy. Gestational age is also strictly related to the notion of foetal viability.

In this paper the relationship between the concepts of gestational age and viability will be analysed to explore how given technoscientific processes and concepts are not only translated into legal language when it comes to produce policies around reproductive options and healthcare (e.g. abortion policies) but they are also mobilised to sustain arguments of criminal intentionality and behaviour vs self-managed healthcare practices in judicial verdicts. Drawing on the analysis of healthcare protocols, reproductive laws and judicial documents, this paper will introduce the starting phase of an international and interdisciplinary project on gestational age assessment, which is going to roll out in the years to come.

In particular, as a case study, an Italian verdict of homicide will be unpacked to investigate what knowledges, healthcare practices and understandings of temporality are been valued or devalued in relation to abortion, self-care, and foetal life in such a cultural context. The paper will especially focus on how the notions of gestational age and viability are used to express positions on time and temporality about pregnancy discontinuation and prompt moral and criminal judgements.