Abstract
The article examines the way that courts and legislatures in the United Kingdom, the United States of America, Canada and Australia have answered questions regarding the legal status of a fetus. These questions have arisen in a variety of legal situations: the article deals with succession, criminal, child protection and negligence law. The conclusion offered is that a fetus has a value and an existence that the law should recognise. This does not mean, however, that in all circumstances the law should protect the interests of the fetus. Law-makers will respond differently to claims made on behalf of a fetus, depending on the context. The fetus does not have a uniform value or character in the eyes of the law. The law makes choices as to the situations in which it will take account of actual or threatened antenatal harm.
| Original language | English |
|---|---|
| Pages (from-to) | 28-40 |
| Number of pages | 13 |
| Journal | Journal of law and medicine |
| Volume | 10 |
| Issue number | 1 |
| Publication status | Published - Aug 2002 |