So basically by time a women realizes shes pregnant...then its a baby.
Brain waves have been recorded at 40 days on the Electroencephalogram (EEG). H. Hamlin, "Life or Death by EEG," JAMA, Oct. 12, 1964, p. 120
Brain function, as measured on the Electroencephalogram, "appears to be reliably present in the fetus at about eight weeks gestation," or six weeks after conception. J. Goldenring, "Development of the Fetal Brain," New England Jour. of Med., Aug. 26, 1982, p. 564