Legal status of the foetus in English law and under the human rights act Flashcards

1
Q

At what stage in its development does the foetus gain own legal rights in the UK?

A

Only gains legal rights after it can survive independently from its mother

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2
Q

What does DoH advise regarding a pregnant woman refusing treatment?

A

If mother with capacity refuses treatment this decision must be respected (except in situations defined by Mental Health Act), even if this results in death of mother and/or unborn child at any pregnancy stage

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3
Q

What 4 actions regarding pregnancy can a father do, only after gaining consent from the mother?

A

Access medical records relating to pregnancy

Attend medical appointments with mother eg. scans

Be present at/notified of birth

Visit mother and baby in hospital after birth

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4
Q

What 4 actions regarding pregnancy does the father have no rights over?

A

making decisions/contacts to pregnancy,

whether mother consents to termination, travelling abroad, receiving medical treatment

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5
Q

In USA, when does the foetus generally develop own rights?

A

8 weeks after conception

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6
Q

Describe access to abortion, according to Roe vs Wade 1973?

A

Womens’ access to abortion is constitutional right, with some autonomy restrictions

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7
Q

Describe access to abortion, according to overturning of Roe vs Wade in June 2022?

A

Right to abortion is no longer afforded protection as a constitutional right, so leaves individual US states free to introduce legislation which makes abortion illegal there and/or restricts access to abortion

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