 The twenty-three weeks is usually regarded as the lower bound of fetal viability because technology has been unable to surpass the limit set by lung development.It was nonetheless stated that technology has made it possible to regard the fetus as a patient independent of the mother.In "Winnipeg Child and Family Services v. G.", the judges argued that "technologies like real-time ultrasound, foetal heart monitors and foetoscopy can clearly show us that the foetus is alive" and thus the born alive rule is "outdated and indefensible".