It is evident that the determination of what is right or wrong in human conduct belongs to the science of ethics and the teaching of religious authority. Both of these declare the Divine law, "Thou shalt not kill". The embryonic child, as seen above, has a human soul; and therefore is a man from the time of its conception; therefore it has an equal right to its life with its mother; therefore neither the mother, nor medical practitioner, nor any human being whatever can lawfully take that life away. The State cannot give such right to the physician; for it has not itself the right to put an innocent person to death. No matter how desirable it might seem to be at times to save the life of the mother, common sense teaches and all nations accept the maxim, that "evil is never to be done that good may come of it"; or, which is the same thing, that "a good end cannot justify a bad means". Now it is an evil means to destroy the life of an innocent child. The plea cannot be made that the child is an unjust aggressor. It is simply where nature and its own parents have put it. Therefore, Natural Law forbids any attempt at destroying fetal life.
The teachings of the Catholic Church admit of no doubt on the subject. Such moral questions, when they are submitted, are decided by the Tribunal of the Holy Office. Now this authority decreed, 28 May, 1884, and again, 18 August, 1889, that "it cannot be safely taught in Catholic schools that it is lawful to perform . . . any surgical operation which is directly destructive of the life of the fetus or the mother." Abortion was condemned by name, 24 July, 1895, in answer to the question whether when the mother is in immediate danger of death and there is no other means of saving her life, a physician can with a safe conscience cause abortion not by destroying the child in the womb (which was explicitly condemned in the former decree), but by giving it a chance to be born alive, though not being yet viable, it would soon expire. The answer was that he cannot. After these and other similar decisions had been given, some moralists thought they saw reasons to doubt whether an exception might not be allowed in the case of ectopic gestations. Therefore the question was submitted: "Is it ever allowed to extract from the body of the mother ectopic embryos still immature, before the sixth month after conception is completed?" The answer given, 20 March, 1902, was: "No; according to the decree of 4 May, 1898; according to which, as far as possible, earnest and opportune provision is to be made to safeguard the life of the child and of the mother. As to the time, let the questioner remember that no acceleration of birth is licit unless it be done at a time, and in ways in which, according to the usual course of things, the life of the mother and the child be provided for". Ethics, then, and the Church agree in teaching that no action is lawful which directly destroys fetal life. It is also clear that extracting the living fetus before it is viable, is destroying its life as directly as it would be killing a grown man directly to plunge him into a medium in which he cannot live, and hold him there till he expires.
However, if medical treatment or surgical operation, necessary to save a mother's life, is applied to her organism (though the child's death would, or at least might, follow as a regretted but unavoidable consequence), it should not be maintained that the fetal life is thereby directly attacked. Moralists agree that we are not always prohibited from doing what is lawful in itself, though evil consequences may follow which we do not desire. The good effects of our acts are then directly intended, and the regretted evil consequences are reluctantly permitted to follow because we cannot avoid them. The evil thus permitted is said to be indirectly intended. It is not imputed to us provided four conditions are verified, namely:
That we do not wish the evil effects, but make all reasonable efforts to avoid them;
That the immediate effect be good in itself;
That the evil is not made a means to obtain the good effect; for this would be to do evil that good might come of it -- a procedure never allowed;
That the good effect be as important at least as the evil effect.
All four conditions may be verified in treating or operating on a woman with child. The death of the child is not intended, and every reasonable precaution is taken to save its life; the immediate effect intended, the mother's life, is good -- no harm is done to the child in order to save the mother -- the saving of the mother's life is in itself as good as the saving of the child's life
