That’s Georgia’s bill. Not Ohio where this child is. Ohio’s bill has no such provisions for rape or incest.
http://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_133/bills/sb23/EN/05?format=pdf
Yes..My apologies for the confusion..But the Ohio, Georgia and the one they are trying to push through in Alabama are all rooted and tangled with oddites, contradictions and what ifs. Years ago conservatives then poo-pooed the notion as fear mongering that a woman might be prosecuted for a miscarriage yet here we are. And not to mention the notion of defining the fetus as a person. The sticking points arise from ANY law going to great lengths to declare that as soon as an embryo has a detectable heartbeat, it is a "natural person" and has the right to Equal Protection as guaranteed in the Fourteenth Amendment.
I also find it interesting that the law (The Georgia one) determines that personhood begins when a heartbeat is detectable, not when the heart actually begins to beat. That, of course, is a practical matter. Yet if the heartbeat is used as the determination of personhood, it would make sense to declare that natural personhood even earlier, at 3 weeks + 1 day. The issue of personhood is complex. The law both tries to simplify it and cover it completely and fails at both, as it was bound to do.