One hour before birth is it human? If so how far back do you go before it's not human, is a fertilized embryo human? If not, whats the difference post birth?

One hour before birth is it human? If so how far back do you go before it's not human, is a fertilized embryo human? If not, whats the difference post birth? We know many animals are more intelligent than babies. My point is, it's a pointless comparison. Babies don't represent anything human. And as per the monkey (in this case) can't create. It's the situation they are put in that can create the art. They are just the tool.