The legal status of the fetus: an international review.
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.
Seymour
John
J
Faculty of Law, Australian National University, Canberra, ACT 0200, Australia.
D000024:Abortion, Illegal / Q000331:legislation & jurisprudence; D001315:Australia; D002170:Canada; D002961:Civil Rights / Q000331:legislation & jurisprudence*; D003416:Criminal Law / Q000331:legislation & jurisprudence*; D005260:Female; D005333:Fetus; D006708:Homicide / Q000331:legislation & jurisprudence; D006801:Humans; D013287:Illicit Drugs / Q000331:legislation & jurisprudence; D007883:Legislation, Medical; D008318:Malpractice / Q000331:legislation & jurisprudence; D011247:Pregnancy; D019966:Substance-Related Disorders; D006113:United Kingdom; D014481:United States; D026712:Value of Life; D014933:Women's Rights / Q000331:legislation & jurisprudence
D013287:Illicit Drugs