ABSTRACT
The purpose of this chapter is to analyse the legal status of the fetus in Europe in the context of fetal surgery. It focuses on the questions of whether doctors and pregnant women owe a duty of care towards the fetus and whether the prospective mother can refuse treatment beneficial for her future child. Our study of the constitutional provisions in France, Germany and the UK, and the European human rights law shows clearly that the fetus does not have a distinctive legal existence and thus, with very limited exceptions, medical interventions on the fetus necessitate the pregnant woman’s free and informed consent.
