Chapter

Abortion and prenatal harm

Jo Samanta and Ash Samanta

in Medical Law Concentrate

Published on behalf of Oxford University Press

Published in print October 2014 | ISBN: 9780199689552
Published online June 2015 | e-ISBN: 9780191784828 | DOI: http://dx.doi.org/10.1093/he/9780199689552.003.0005

Series: Concentrate

Abortion and prenatal harm

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for and how to achieve extra marks. This chapter is concerned with the statutory provisions governing abortion and prenatal harm. It first considers the offence of abortion under sections 58 and 59 of the Offences Against the Person Act 1861 and section 1(1) of the Infant Life (Preservation) Act 1929, as well as defences to abortion prior to the Abortion Act 1967. It then discusses the ethical debates concerning abortion, paying particular attention to ‘right to life’ arguments and the rights of parties such as the foetus and the father. It also looks at the court's approach towards adult women who lack capacity before concluding with an analysis of actions for prenatal harm, namely, wrongful birth, wrongful conception, prenatal injury, and wrongful life. Relevant court cases are cited where appropriate.

Keywords: abortion; prenatal harm; women who lack capacity; wrongful birth; wrongful conception; prenatal injury; wrongful life

Chapter.  7209 words.  Illustrated.

Subjects: Medical and Healthcare Law

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