ABSTRACT
In England and Wales the law gradually increases the protection of the fetus as it comes nearer to legal personhood, which is achieved at birth. Though this does not necessarily bring the rights of fetus and woman into conflict, it has the effect of gradually increasing the potential for conflict. The balancing of the rights of the pregnant woman and fetus is an exercise not only of moral philosophy but also of law. It has been stated in the Introduction that, though law and ethics are entwined, the law is bound by rules of precedence and general applicability. The fetus has potential to become a person. On this basis it might be offered protection from a particular point when its potential becomes so significant that it should be regarded for all intents and purposes as a person; it might be afforded gradually increasing protection as its potential increases.
