The current record of a baby surviving is around 20-21 weeks. The viability condition is one of the legal arguments people tend to attack. Justice Blackmun eve

The current record of a baby surviving is around 20-21 weeks. The viability condition is one of the legal arguments people tend to attack. Justice Blackmun even wrote in a memo when drafting the verdict for Roe vs Wade: "You will observe that I have concluded that the end of the first trimester is critical. This is arbitrary, but perhaps any other selected point, such as quickening or viability, is equally arbitrary." They did end upon a viability criteria. The exact week has also changed since medical science has advanced in the last 50 years.