The legal discussion of life technology in mankind operation and duplication of the embryo, abortion, euthanasia, the research and development of the embryo stem cell and the medical cloning always causes the controversies of ethics and law. Especially for the reasons of the object these scientific techniques operate is exactly mankind, but mankind is exactly the subject of the order of law. Through the defiant speech to the judgment of the abortion case of The federal constitutional court of the German scholar Norbert Hoerster and the contradictory speech of the academic circles, this article presents and examines the reasoning made by The federal constitutional court of admitting the fetus has the constitutional standing of the right of life guarantees.