Abortion - Responsibility and Rights

Author: TheMorningsStar

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This thread is being made as a place to discuss the topic of abortion. The motivation for creating it was that I did not want to spam a different thread with SkepticalOne's and my discussion on the topic.

For some background, I have been pro-choice since I got into political discussion about a decade ago, but recent events and arguments have made me start to reconsider. I have not yet taken up the pro-life position, but am wanting to, in this thread, entertain the idea in a rational discussion on the topic.

______________________________________________________________

Why be pro-life? For years I viewed the issue of abortion solely through the lens of rights, but recently I have come to realize that rights make up only half of the discussion, responsibilities are also important to discuss. To copy some of my comments from the other thread,
"Ultimately, just laws are created for two reasons. One, to protect people's rights (and prevent one person from infringing on another's rights). Two, to enforce fundamental responsibilities (responsibilities that are weighed as more important, in some instances, than the individual's rights). All just laws consider both these points and tries to find where the balance should be. The pro-life position tends to wish to protect the life of the unborn by upholding the responsibility of the mother. It is the desire to protect one's life but the responsibility aspect is considered when making this decision."

"Rights get limited by responsibilities and obligations all the time. Take a newborn baby as an example. The legal guardian of a newborn baby has moral and legal obligations which can, in some instances, limit the freedoms said guardian would enjoy if they did not have these obligations. This is why neglect of a child is a legal issue. Responsibility/obligation, in this instance, is placed before rights/freedom.

The question is if such a thing should be placed on the unborn as well. So, not including cases of rape, does a woman have a responsibility over the life of their unborn child, and does that responsibility lead to a limit on the bodily autonomy. That is the debate.

If you only care about maximizing freedom and rights then the answer might seem clear, no matter what the unborn is infringing on the bodily autonomy of the mother and thus is 'guilty' of violating the rights of another. However, if you prioritize only rights and freedom like this then, some would argue, we must also agree to get rid of laws around neglect (as well as some other laws). After all, these laws too put responsibility and obligations before rights and freedom, and the same ethos behind these laws can be argued to apply in cases of abortion."

Can the legal and moral responsibilities to take care of the unborn be compared, on some level, to those to take care of a newborn? The pro-choice position would conclude no while the pro-life position would be to conclude yes.

As you might have noticed, in one of the above quotes I specified 'not including cases of rape'. Why is this important? Because consent, even consent to potential consequences, is a necessary part of what gives one responsibilities. Let's take an example of someone driving a car.

If I get into my car with the express purpose of driving from A to B, nothing else, I engaged in the act of driving with a clear purpose in mind. If, during the course of events, I hit accidentally hit and kill a person I still am responsible. When I chose to drive I never did so with the idea of killing a person in mind, and the odds of it happening are small, but that does not change the fact I am responsible. Vehicular manslaughter is always a possibility whenever you chose to drive from point A to point B, and as it is a possible consequence of the action that means that when I chose to drive I also chose to take responsibility if and when this accident occurs.

However, if I do not chose to drive from point A to point B but am being forced to by another, possibly a passenger with a gun to my head, then if in the process of driving I accidentally kill someone it is not my responsibility. I would not be charged with vehicular manslaughter. This is because it was not my choice to drive, I thus did not consent to the possible consequences that may come from driving.

Consenting to an action means responsibility for consequences, even if those consequences are unintended and/or unlikely. This applies to numerous situations legally. Why should this not apply to sex, pregnancy, and the life of the unborn?

People do not just become pregnant out of nowhere, it does not happen overnight for no reason. Pregnancy is, outside of cases of rape, a consequence of a choice one makes. A man and woman decide they want to have sex, they do not do it for the purpose of having a child and they find it unlikely that such an event will happen, but does that matter? Much like in the example of the driver when two people consent to having sex they also take on the responsibilities that come with that choice, one of which is pregnancy.

If I want to avoid ever having the chance of being charged with vehicular manslaughter then I will never drive a vehicle, if I wish to avoid ever having the responsibility of parenthood I will never have sex with a woman. If I choose to drive I take on responsibilities that come with said action, if I choose to have sex I take on responsibilities that come with said action.

One objection that SkepticalOne made was that "the limitations potentially imposed on a female parent by forced birth can never be applicable to the male parent." I must ask why this is, necessarily, an issue. Sexual dimorphism is a real thing, as such there will always be differences between men and women. There are some responsibilities that one sex might have to take on that the other cannot. We do not live in a perfectly 'fair' world, sexual dimorphism as a defense against taking on responsibilities needs a better defense than the existence of sexual dimorphism.

Another objection from SkepticalOne, in regards to the analogy to a newborn and neglect (from one of the above quotes), was that "an unwilling parent can legally give the child up." True, but even during periods in which they desire to give the child up for adoption they are responsible for the well-being of the child. Until such a time that another person consents to take responsibility over the child their well-being is still your responsibility. It is not that responsibility vanished, it is that it transfers. Abortion is not a transfer of responsibility, it is the ending on one. Furthermore, adoption is not immediate either. When you call an adoption agency about giving up your child they do not just come and take the child away and relinquish you of responsibility, it takes time, sometimes a longer time than you might desire. Why then is it not seen in a similar way with pregnancy and adoption? You can arrange things while pregnant, and just like if you try to arrange things afterwards, it takes time. Since the option given for a parent to no longer be responsibility for their newborn takes time I do not see why abortion becomes a comparable option for the unborn.

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I know that there are more points I could make (and some I know I have missed), but I told SkepticalOne I would get this post made coming up on 24 hours ago and so will post it for now.
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@SkepticalOne
Pinging SkepticalOne. Honestly, I find it so weird calling you that. On DDO your name was skepticalone and, for some reason, I always read it as SkepticAlone. The added caps throw me off sometimes.
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You can list your personal reasons for being pro life.You never have to have an abortion. Your moral standard is not something you get to force onto others. No one wants to be in an accident, that does not stop one from driving. They drive safer. It still happens. 
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@Polytheist-Witch
Your moral standard is not something you get to force onto others
I do not see how this is consistent.
I am morally opposed to muggings, should we allow for people to have the right to mug others?
Laws take into account morality all the time, but when it is other laws the debate is often isn't over 'enforcing your morality onto others' but a debate about rights or responsibilities, in which moral frameworks might influence which side you fall onto.
If you ignore the topic of responsibilities and jump straight to total embracement of freedom and the view that people cannot enforce morality onto others then what is the justification for laws around neglect?

Let's say that there exists a couple that are fascinated by the Spartans and decide they wish to raise their baby the way Spartans did.
Can they argue against neglect laws by saying that the "anti-neglect" side is 'forcing their moral standards onto them'?
After all, it should be their choice, right?
Not at all, because laws take into account a certain level of moral understanding when creating laws about responsibility/obligation.


 No one wants to be in an accident, that does not stop one from driving. They drive safer. It still happens. 
But this is my point, even if you do not want to be in an accident, even if you take precautions, the moment an accident happens, which will always remain a possibility, you are still morally and legally responsible.
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@TheMorningsStar
I will jump in here when I get a bit more time, but I wanted to let you know I'm here.
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So because we found muggings to be illegal I want kids to be raised to Spartans is that what you're implying that your moral standards okay but mine's not.
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@Polytheist-Witch
So because we found muggings to be illegal I want kids to be raised to Spartans is that what you're implying that your moral standards okay but mine's not.
This is one of the biggest strawmen I have seen.
The point was that laws are already based, on some level, from moral standards and I have two separate examples.
One of which, the Spartan example, I went into detail on to show that even if your moral standards are different that it doesn't mean that there isn't reason to make a law that 'forces a moral standard' onto you.
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@TheMorningsStar
Are you selectively moral?

Most pro-lifers are.

Do you sit as uneasily with US drones remotely killing whosoever might be in the way, as you do with the thought of killing a cute cuddly wuddly baby.

Not that embryos and foetuses are necessarily cute and cuddly wuddly... 

Pro-choicers on the whole, do not advocate the killing of babies.

Killing babies is a typical pro-lifers plea to the emotions.......Generally backed up with religious baloney.

In my opinion, the responsibility for the fertilized egg rests with the mother, and certainly not with a load of pious do-gooders, and certainly not with a make believe god.
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@3RU7AL
@Double_R
Some other comments to move over for this discussion. My comments will be quoted and italicized while the other peoples (name above section) will have normal formatting for having quoted them. I intend to focus my discussion on this thread now and will no longer respond in the other threads, that way we can keep everything located in one place.

-->@Double_R
The most common arguments that early stage fetuses are human beings tend to center on the concept of the potential it has to develop into one
"I have been pro-choice for years and held this view, but it was really shaken when my unborn son died at 28-29 weeks. The reason for his death was because my, now ex, smoked and drank heavily during the first trimester (no matter how much I tried to get her to stop).

The thing is that I am sure we can agree that if killing someone is worse than drugging them (just drugging, nothing more). Even if not, they would be placed on an equal level, drugging someone is not usually seen as worse than killing.

So if we justify killing an unborn in the first trimester, can we take a stance against drugging one? Because it is the development in the first trimester that has the greatest impact on the viability of the unborn. If my ex did that smoking and drinking in the 2nd or 3rd trimester my son would have had a vastly greater chance at having been born. In fact, the later in the pregnancy that one takes drugs on any kind the less it impacts the child.

If we give no rights to the unborn in the 1st trimester in order to allow abortion, then does that mean that there is no moral issue with a woman purposefully taking hard drugs (or even starting to, so addiction cannot be used as an argument) in the first trimester as it only harms a 'potential human'? If they stop once it becomes an 'actual human' then it could be argued that the state they are in at that point is their natural state and thus any medical defects or abnormalities are just natural to said child and if they die (even after birth) that no one can be held even morally responsible?

An unborn child in the first trimester isn't just a 'potential human'. Even if we want to keep the label of 'potential' it is a 'potential human in which anything done to will have great impact on an actual human's well being'.

I am also curious how you define 'human' and at what point of development one becomes a 'human'.

Also, I created a new thread to talk about abortion itself since this thread is about 'abortion and covid', so would you like to continue the conversation over there? If so then just quoting what I stated here and respond over there should work well."
(@Double_R: I know I said for you to quote it, but as this comment became a part of discussion with 3RU7AL I figured it would be better to move it over alongside the discussion with them.

-->@3RU7AL
(IFF) the unborn have the rights of CITIZENS (THEN) every miscarriage and stillbirth must be investigated as MANSLAUGHTER
"Disagree. When a baby dies of SIDS there is rarely that much of an investigation into manslaughter. Miscarriages and stillbirths should be treated the same. If there is good reason to suspect that the guardian/parent did something that is when you might investigate, but otherwise there is little reason to."
Without violating medical privacy, how can anyone determine the difference between a miscarriage and an abortion ?
"You are aware that medical privacy is 'violated' all the time when it comes to legal issues, right? If child abuse is suspected, as one example, doctors will ignore medical privacy and report it to the police There are many instances of this, how would it be any different here? If a doctor suspects that it was an abortion then it can be reported and then an investigation happens."

-->@3RU7AL
I'm not sure an intentional miscarriage caused by alcohol and tobacco is going to be distinguishable from any other unintentional type of miscarriage.
"I'm sure that some intentional miscarriages would appear to be intentional by a doctor, but I agree that there would be those that do not.
If we are talking about drug usage leading to a miscarriage then I say that you only investigate that angle if a credible witness reports it, maybe have other factors involved for determining it.

Essentially, unintentional miscarriages would be treated similarly to SIDS and would be the default assumption, thus most miscarriages would never lead to an investigation.

Yes, there will always be those that intentionally miscarried or were reckless and caused the death of of the unborn child that never get caught, but that is true of all crime everywhere. That doesn't mean you do nothing."

Polytheist-Witch
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@TheMorningsStar
Mugging involves a victim whose rights have been violated. The unborn don't have rights you cannot violate them.
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@Polytheist-Witch
Mugging involves a victim whose rights have been violated.
And the entirety of the abortion debate is on if the unborn should be given rights or not.
You cannot use 'unborn don't have rights' as the justification for the pro-choice position as that is absolutely circular reasoning.
You would need to justify why the unborn should not be given rights.

 I'm born don't have rights you cannot violate them.
What?
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@TheMorningsStar
You are not a citizen of the United States or even someone that can have a birth certificate or get a driver's license or ID or anything else until you're born. Birth is the criteria that establishes humanness. Like it or not that is what my argument is based on legal standing. Morally I would not have an abortion so I won't but that should not keep me from telling someone else they can't because I don't freaking like their moral stance on it. If I feel strongly enough about it then I will join a pro-life group and fight for people to not have abortion and for the unborn to have rights I don't because I don't think they should. Which is why I am pro-choice and support pro-choice candidates and causes.
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@Polytheist-Witch
You are not a citizen of the United States or even someone that can have a birth certificate or get a driver's license or ID or anything else until you're born
Non-citizens also have rights in the US, even if some of the protections are specific for citizens. Even non-humans have some limited rights in the US (animal rights).

for the unborn to have rights I don't because I don't think they should.
What don't you think they should?
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@TheMorningsStar
We're discussing the unborn having rights if you're going to be like this then I don't need to respond to you again thanks.
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@Polytheist-Witch
We're discussing the unborn having rights if you're going to be like this then I don't need to respond to you again thanks.
I'm sorry, but what did I say that got this reaction? I am genuinely confused, I am trying to have a calm and rational conversation. If it does not come off that way to you then I apologize.
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Abortion is bad because in many cases, it makes the mother sad.

Many people abort due to that they can't afford to raise the child. If we focus more on contraception, healthcare, etc, we would make the child grow to be successful and not aborted.
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@TheMorningsStar
So if we justify killing an unborn in the first trimester, can we take a stance against drugging one?
I think you’re starting to mix up different concepts. The point I made about the woman having no responsibility to the fetus was in the context of which right outweighs the other. It’s a binary choice so the arguments to consider are often framed as such. Your argument however is going down the path of inhuman treatment, which is a different conversation and poses no contradiction. We slaughter animals for food but still respect their rights as living beings (most of us would anyway).

I am also curious how you define 'human' and at what point of development one becomes a 'human'.
If I had to pick a line, I would say once the fetus has reached a stage of development where it could survive outside the womb. In reality however there is no one point, which is why I said earlier there’s a big grey area in the middle where it could go either way.





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@TheMorningsStar
Very interesting OP. Never looked at it from this perspective being pro life myself
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@Polytheist-Witch
Birth is the criteria that establishes humanness.
Scientifically this is false. A unique DNA code identifies something as human. 
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@Polytheist-Witch
We're discussing the unborn having rights if you're going to be like this then I don't need to respond to you again thanks.
Your argument is circular. Unborn don’t have rights. 

Why?

Because they don’t deserve rights

Why?

Because they’re not human 

Why are they not human?

Because they don’t have rights
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@Double_R
In reality however there is no one point, which is why I said earlier there’s a big grey area in the middle where it could go either way.
Technically conception is the line.

Pro lifers believe conception is the line

Pro choice (though not a majority of Americans) define it as removal of the baby form inside of the mother through a normal delivery or a C-Section
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@ILikePie5
They don't have rights because they're not born. The criteria to be a citizen is to be born in the United States. It's not because they don't have rights they don't have rights cuz they're not born. Don't add anything extra to it cuz that's just you lying.
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@Intelligence_06
7.9 billion and counting.

Abortion is not a problem.
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God aborts elderly humans, so why shouldn't humans abort fetuses?
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@bmdrocks21
You might as well ask why rights exist.

Yeah, but I'm too busy asking you why the right to live doesn't exist for those that have been alive for less than ~9 months.
You seem to have a fundamental misunderstanding of rights. We all have rights - my rights don't trump your rights and vice versa. I have a right to do what I want with my body, as do you.

If I'm dying and can be saved with the help of your body, I don't automatically get what I need to survive and that doesn't mean my right to life has been denied. My right to life doesn't overule anyone else's rights.

Besides that, a blastocyst has no rights. A zygote has no rights. An embryo has no rights. Individual rights are attached at birth.


If the bar for personhood is low enough to allow zygotes,  for instance, then many other things - like cancer, gametes, or animals- will qualify for personhood as well.
Zygotes are unique DNA from either parent that wants to murder it. So, not like gametes.
Gametes are unique DNA unlike other DNA of the parent....

It is human DNA, so it doesn't apply to animals.
Humans are related to all life on the planet, so 'because human DNA' is insufficient to disallow rights from animals.. in fact, this argument would demand more closely related organisms be granted more human rights.

It will grow to be a regular human, indistinguishable from others: walking, talking, eating. So it isn't like cancer.

I think the odds are pretty close to 50/50 successful implantation will occur and less a 'walking, talking, eating,' thinking human will be the result. Assuming what will be isn't an argument for granting rights to what is.

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@Double_R
 Your argument however is going down the path of inhuman treatment, which is a different conversation and poses no contradiction. We slaughter animals for food but still respect their rights as living beings (most of us would anyway).
So would you then agree that the unborn do have rights, just not so much so that abortion becomes unjustified?
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@TheMorningsStar
One objection that SkepticalOne made was that "the limitations potentially imposed on a female parent by forced birth can never be applicable to the male parent." I must ask why this is, necessarily, an issue. Sexual dimorphism is a real thing, as such there will always be differences between men and women. There are some responsibilities that one sex might have to take on that the other cannot. We do not live in a perfectly 'fair' world, sexual dimorphism as a defense against taking on responsibilities needs a better defense than the existence of sexual dimorphism.
My interlocutor suggests there are responsibilities one sex might have to accept. I can agree with that, but this does not mean someone should accept a responsibility when their body is induced to do something before they were ready. 

Also, rights are not dimorphic. If they were then 'equal rights' is something that could never be. I don't want to love in a world where the phrase "more equal than others" has a home.

Another objection from SkepticalOne, in regards to the analogy to a newborn and neglect (from one of the above quotes), was that "an unwilling parent can legally give the child up." True, but even during periods in which they desire to give the child up for adoption they are responsible for the well-being of the child. Until such a time that another person consents to take responsibility over the child their well-being is still your responsibility.
I feel like I already pointed this out, but a newborn has rights, while a blastocysts (for example) does not. So this isn't really a fair comparison. 

For the record, I don't understand the exception for rape from a pro-life perspective. If someone believes abortion is murder or a violation of unborn rights, then how can an exception be allowed?  I did not find the forced driving analogy helpful. We can hash that out as we go though.
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This is from:  Abortion: is the fetus human?
                            by Rochelle Forrester


If I compare a fetus, say a few weeks after conception, to me I
seem to have little in common with it. It not only doesn’t live in my
world, it doesn’t live in any world, as it has no nervous system and no
brain. It has no awareness of anything, it doesn’t even know it exists. If
the fetus existence ends early on in the pregnancy, it won’t miss anything
as it was not aware of anything. Obviously this changes as time goes by,
but at least early on the fetus has much more in common with a plant than
with a human being.

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@SkepticalOne
For the record, I don't understand the exception for rape from a pro-life perspective. If someone believes abortion is murder or a violation of unborn rights, then how can an exception be allowed?
Because rights and responsibilities are inherently tied together. This does not mean that every responsibility is legislated as sometimes one can view the right as having more significance. We can look at speech for an example of this in the modern day. With freedom of speech comes a responsibility not to misuse your speech. Someone spreading disinformation (not just misinformation) is acting irresponsibly. That does not necessarily mean spreading of disinformation should be made illegal, but it does not change that there is a level of responsibility. Some countries do legislate responsible use of language (like Holocaust denial being made illegal in some countries) as in those specific cases they put some level of responsibility as of more importance than the right of free speech.

Let's also use one of your analogies as an example,
"If I'm dying and can be saved with the help of your body, I don't automatically get what I need to survive and that doesn't mean my right to life has been denied."

It is a classic analogy used to understand the right of bodily autonomy, but I feel like it misses a crucial aspect, and that is responsibility/obligation. Nothing has been done to make the party that can save your life responsible for your life, so why should they have their freedoms/rights restricted?

A pregnant woman (not in the case of rape) consented to the actions in which caused pregnancy, and thus a link of responsibility/obligation can be made from that expression of freedom/rights. She made the choice (freedom/right) to have sex and a consequence is she got pregnant, now she has an obligation/responsibility tied to the unborn child.

In the case of rape the pregnant women did not make a choice, and since responsibilities stem from rights and she did not express her rights (the choice was taken from her) a responsibility is not attached.

It is like how I am responsible for my kid as it was my actions/choices (expression of rights/freedom) that lead to be being responsible for them, but I am not responsible for your kid as no such action occurred to make me responsible.

I hope I made it clear, if not just tell me.


 I did not find the forced driving analogy helpful. We can hash that out as we go though.
The analogy for forced driving is in regards to rape. While I am responsible for vehicular manslaughter in the case it was my choice that put me behind the wheel (responsibility attached to expression of rights) I am not responsible for vehicular manslaughter if I was forced to drive (no expression of rights thus no responsibility).

Also, rights are not dimorphic. If they were then 'equal rights' is something that could never be
I believe rights, ultimately, stem from what types of choices one can make. If it is the case that there are types of choices that can be made that are dimorphic, then that necessarily makes rights also dimorphic in nature. This does not mean that there are not 'equal rights', just that our understanding of what 'equal rights' means is different.

Furthermore, society already acts as if the sexual dimorphism has 'separate but equal' status. Segregated bathrooms and changing rooms, women's only sports, etc. While such segregation is rejected when made among racial lines it is accepted when it is by sex (and, by some, gender). This topic, however, can get us off track really fast and almost deserves a discussion in its own right.
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@TheMorningsStar
If someone believes abortion is murder or a violation of unborn rights, then how can an exception be allowed?
Because rights and responsibilities are inherently tied together. 
I'm not sure I agree with your argument, but (for the sake of clarity) who would that responsibility be to? Other people? If so, in the context of pregnancy, aren't you assuming personhood of the unborn without actually making that argument?

I agree rights are necessarily restricted because absolute rights to absolutely everyone is an impossibility. Those restrictions should be the same across the board lest we create a situation where some have a privileged position. That exactly what rights are meant to prevent....

Even assuming the personhood of the unborn the rights/responsibility argument is still flawed. You stated my analogy was insufficient because the potential donor had no responsibility to me.  Ok. Let us imagine the same scenario, except my injuries were due to something you did. I still do not have a right to use your body. This demonstrates someone's responsibility for our predicament does not mean we have a right to use their body.

Tl;dr:

1. Responsibilities are applicable to persons. No serious definition of 'person' has been established which allows all stages of prenatal development.

2. Responsibility does not mandate sacrificing our most intimate property (our body).