Not a red herring at all. If you claim that they are helpless human beings that need the law to protect them, then shouldn't the law protect them post-birth. If they feel pain before birth and that is significant, then what about the unnecessary pain that many of them would feel after birth.
Those of us who believe in family planning, seek to make every child who is born a wanted child with parent(s) who are equipped to care for that child and meet the necessities of life. In the event that they cannot, we believe it is the responsibility of society until age 18. While we are very far from that ideal, planning does help.