I am sidestepping this issue by replacing the fetus with something that is 100% human, so it doesn't matter if the foetus is or not. As for it being an active

I am sidestepping this issue by replacing the fetus with something that is 100% human, so it doesn't matter if the foetus is or not. As for it being an active action or not: if we instead were to leave the foetus in place, but remove all the connection to the uterus only, it would still die due to lack of nutrients. You are right that the woman might have been involved with an activity that can cause babies, but then you can get into the weird arguments about liability to third-parties that do not exist at the time of the action, and the feotus in the end is no different (it does not live) as it would have if the woman had choosen to use other means, such as condoms or not had sex at all.