No, knucklehead, not when it it born. A full term baby has a brain. That would be infanticide. You should be able to kill a fetus until 6 months gestation, but I feel to remove all doubt, it should be no later than 3 months gestation. An embryo is a no-brainer, you should be able to kill a days old embryo at will. And we do this ALL THE TIME!
Again it depends on gestation. If the fetus is later than 3 months, I'd say the person should be charged.