ABSTRACT

This chapter aims to show how one can support a very liberal abortion law, and recognise that if a pregnancy is ended without the woman's consent a serious wrong involving the foetus is done. The moment of birth has a dramatic impact on the legal status of the foetus. Prior to the birth, the foetus holds a somewhat ambiguous position but afterwards it is a legal person with the full protection of the law. A foetus cannot be victim of offences under the Offences Against the Person Act 1861 (OAPA 1861). The chapter argues against the common approach towards discussions of the law on termination, which focuses on determining the status of the foetus and weighing these against the rights of women. It also argues instead that we should focus on the relational context of pregnancy which puts caring relationships as the marker of moral value.