Re Baby R, 5 August 1988.
The petitioner sought cancellation of an order confirming the apprehension of her newborn child and ordering permanent guardianship over it.  The child had been apprehended under authorization of the Superintendent of Family and Child Services while still unborn when the mother refused to undergo a Cesarean section in order to give birth.  The Supreme Court of British Columbia granted the petition, ruling that an unborn child is not a child within the meaning of the Family and Child Service Act and, thus, can not be apprehended as a child apparently in need of protection under the Act.  It noted, however, that the Superintendent was free to reapprehend the child if there was sufficient evidence to warrant doing so.
D000569:Americas; D001519:Behavior; D002170:Canada; D002585:Cesarean Section; D002655:Child Custody; D002668:Child Rearing; D019049:Developed Countries; D005333:Fetus; D013502:General Surgery; D007603:Jurisprudence; D009656:North America; D013513:Obstetric Surgical Procedures; D011247:Pregnancy; D011640:Public Policy; D012098:Reproduction; D013812:Therapeutics
Americas; Behavior; Canada; Cesarean Section; Child Custody; Child Rearing; Court Decision; Developed Countries; Fetus; North America; Northern America; Obstetrical Surgery; Pregnancy; Reproduction; Social Protection--legal aspects; Surgery; Treatment