1. The baby can not defend itself.
2. The baby has not committed any wrongful acts, so the baby is
innocent.

Baby Amillia was born 5 months after conception (i.e. after the
mother's egg was fertilized) -
The Baptist Children's Hospital in Miami, Florida, said Amillia Sonja
Taylor was born at 21 weeks and six days on 24 October 2006, making
her possibly the most premature baby on record to survive.
http://www.newscientist.com/article/dn11222-worlds-most-premature-baby-set-to-leave-hospital.html

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