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Lancet. 1987 Mar 7;1(8532):576-7.

An action by putative father and unborn fetus to prevent termination.



Brahams reports the details of C v. S, an action rejected in the High Court and again on 1987 Feb 24 by both Britain's Court of Appeal and the House of Lords. An unwed father, active in the Society for the Protection of the Unborn Child, sought an injunction to prevent his former girlfriend from terminating her pregnancy, estimated to be of 18 to 21 weeks' duration. The court was asked to give a locus standi to the alleged father, and to recognize the legal persona of the unborn fetus, on the grounds that it was alive, albeit immature, and therefore capable of being born alive under the Infant Life (Preservation) Act. If this argument had prevailed, terminating the pregnancy under the Abortion Act 1967 could have been a criminal offense. Brahams comments that the pro-life lobby may yet seek another legal approach to breach the Abortion Act 1967 as British courts prefer to leave abortion decisions to physicians and their patients.

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