Legal status of fetus Flashcards
Definition of live birth, full term birth, preterm birth, miscarriage, still birth
Live birth- a foetus, whatever its gestational age, exits the maternal body & shows signs of life (heartbeat, pulse) for however brief a time & regardless of whether umbilical cord or placenta intact.
Full term- born between 38-42 completed weeks of gestations
Preterm birth- born alive before 37 completed weeks of pregnancy.
Miscarriage- spontaneous loss of pregnancy before 24 weeks of gestation
Stillbirth- born after 24 weeks of pregnancy & did not breath or show other signs of life after expelled from mother
What is the legal status of a fetus?
Fetus does not have legal rights until capable of surviving independently from mother
Therefore, mother’s wishes should be respected regardless of thought process- if has capacity- even if it results in death of unborn child
- can be for religious or other reasons (rational or irrational)- court does not have jurisdiction to declare medical intervention lawful.
Congenital disability act 1976- gives right to handicapped born child to sue in negligence in limited circumstances- mother exempted
What are the 4 articles of Human Rights Act 1998?
- The right to life is protected by the law
- Prohibition of torture (prolonging life)
- Right to private and family life
- Men & women of marriageable age have the right to marry a form a family
—> all of these points do not apply to the fetus
What are the 4 views important in determining the moral status of the embryo?
- Identify foetus as a human organism
- The foetus becomes a human organism at conception- so treated same as any other human
- Therefore, it would be wrong to kill the embryo at any stage of development - The potential to be a person - valuable future of embryo
- By killing the embryo at any stage, you are killing a potential child - Identity as a person
- 24 weeks gestation - can feel pain - before this, not given moral status
- rationality, consciousness, future-directed plans & goals - the value given to the human organism by others is crucial (conferred moral status)
- fetus takes on important social role which gives it moral status vs foetus is not recognised as a member of society so it is acceptable to terminate pregnancy
Under what circumstances is it acceptable to have an abortion?
- Rape
- Not being able to support the child
- Failure of contraception
- The child will have severe disabilities
- If having the child poses a risk to the mother
What is the abortion act? Why was the abortion act mainly brought in?
States that abortion is lawful in the UK if 2 doctors decide the following criterial is met:
- Continuing the pregnancy poses greater risk to the mother’s physical & mental health than if the pregnancy was terminated
- Necessary to prevent grave injury to the mental or physical health of the mother
- Pregnancy has not exceeded the 24th week of gestation
- Continuing the pregnancy poses greater risk to mental & physical health of any existing children of the family of the pregnancy women, than if the pregnancy was terminated
- There is risk of the child having substantial mental or physical abnormalities
Brought in To prevent back street abortions
Under what circumstances is abortion legal on wide grounds?
- Up to 24 weeks gestation abption is legal, w/ the mother’s consent
- Because pregnancy always poses some risk to the mother
- After 24 weeks, abortion is only legal if there is risk of significant harm to the mother or the foetus
When must you register a Childs birth?
must be registered w/in 42 days (6 weeks) of birth in England & Wales.
What is process of registering birth for opposite sex couples? Married & un-married.
If married or in civil partnership at time of birth or conception:
- mother or father can register birth on their own
- Both parents can be included on certificate
If unmarried- details of both parents will be on certificate if:
- they sign birth register together
- there is statutory declaration of parentage or
there is court order giving father parental responsibility
- Mother can choose not to enter father’s detail on certificate
What is process of registering birth for same sex female couples? Married & un-married.
Married/ civil partners
- either can register if child born by donor insemination or fertility treatment
Unmarried:
- Partner seen as second parent if treated together by licensed clinic & made a ‘parenthood agreement’ - but can only be on certificate if meet same requirements as opposite sex unmarried couples.
What is the process of registering birth for same-sex male couples?
Must get a parental order- cannot get this until 6 weeks after birth
Therefore, mother must register
What is definition of parental responsibility?
All the rights, duties, powers, responsibilities & authorities which by law a parent has in relation to child
When child requires treatment, consent required from either child or 1 person w/ parental responsibility
Who has parental responsibility?
Birth mothers automatically have it
Father who is married to child’s mother at time of birth has parental responsibility- not lost if parents later divorce
Who can obtain parental responsibility?
Unmarried fathers do not automatically has PR
can gain by:
- marrying mother
- having their name registered
- making parental responsibility agreement w/ mother
- obtaining parental responsibility order from court
- obtaining residence order from court
- becoming child’s guardian on mother’s death
Adoptive parent will acquire PR on adoption
Do step parents, foster parents, staff, sperm donors, egg donors have parental responsibility?
Step parents- gain PR by obtaining PR order from court
Foster parents- do not have PR- either remains w/ parents or shared between foster parents & local authority
Staff from children’s residential establishments e.g. mental health, boarding schools, specialist units- do not have PR
Sperm donors- if donation through HFEA licensed clinic, then not legal parent of child (not on birth certificate, no rights, no financial obligations).
- If unlicensed clinic, will be legal father of child.
Egg donors- if you give birth, you are legal mother, even w/ donated egg
What is a surrogate mother? Is surrogacy enforced?
Surrogate mother- a woman who carried a child in pursuance of an arrangement:
- made before she has to carry the child
- made w/ a view to any child carried in pursuance of it being handed over to another person
Surrogacy arrangements not legally enforceable even if contract signed & expenses of surrogate have been paid
Human Fertilisation & Embryology Act- does not regulate surrogacy
Who has parental responsibility in terms of surrogacy?
Surrogate will be legal mother of child unless or until parenthood is transferred to intended parents- either by parental order or adoption
Husband of surrogate also has PR
Surrogate has legal right to keep child, even if not genetically related to her
Who can apply for parental order in terms of surrogacy?
Must be genetically related to child to apply for parental order, i.e egg or sperm donor, & in relationship where partners are either:
- married
- civil partners
- living as partners
Must also:
- have child living w/ them
reside permanently in either UK, Channel island or Isle of Man
Application must be made when child is under 6 months old
Adoption following surrogacy?
If neither partner is related to child, or person is single, adoption only way to become child’s legal parent
