[~Mr. Self Destruct~]

Impressive response time. :P
Yes, but that sperm and that egg COULD have been born into this world.
The question here isn't if an unborn child isn't displaying signs of life, it's whether it is alive as a human being.
If you wanted to impose sanctions on the potential of things occurring, you'd end up with situations like Missionary Report; actually being charged with something that has not happened yet. And before Dave jumps in, let me elaborate. :P If you wanted abortion outlawed, you'd first have to redefine, legally, what a "person is". That, in this instance, would have to be an adaption to the "human being" model. And as it stands, fetuses and other stages of development prior, are not considered "persons".