Late termination of pregnancy in cases of severe abnormalities in the fetus

Medicine and Law

Volumn 17, Issue 1, 1998, Pages 83-92

  Gevers, Sjef ^a  

^a UNIVERSITY OF AMSTERDAM   (Netherlands)

Author keywords

Fetal abnormalities; Fetal viability; Termination of pregnancy; Third trimester abortion

Indexed keywords

ABORTION; ARTICLE; CRIMINAL LAW; FEMALE; FETUS DEVELOPMENT; FETUS DISEASE; FETUS MATURITY; HUMAN; HUMAN RIGHTS; MEDICAL ETHICS; MEDICOLEGAL ASPECT; NETHERLANDS; PRENATAL SCREENING; THIRD TRIMESTER PREGNANCY;

EID: 0032468296     PISSN: 07231393     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (17)

1. See for instance, R.Boland, Abortion law in Europe in 1991-1992, Jnl Law Med Ethics 21 (1993) 72-93; A.Eser, Abortion reform in Germany in international comparative perspect he, Eur Jnl Health Law 1 (1994) 15-34.
2. See for instance, R.Boland, Abortion law in Europe in 1991-1992, Jnl Law Med Ethics 21 (1993) 72-93; A.Eser, Abortion reform in Germany in international comparative perspect he, Eur Jnl Health Law 1 (1994) 15-34.
3. D.Paintin, Abortion after 24 weeks, Br J Obstet Gynaecol 104 (1997) 398-400.
4. C.J.Forder, Abortion: a constitutional problem in European perspective, Maastricht Jnl Eur Comp Law 1 (1994) 56-100.
5. European Commission of Human Rights, Hercz v Norway, 19 may 1992, Appl. 17004/90.
6. J.A.M.Hunfeld, The grief of late pregnancy loss, Erasmus University, Rotterdam 1995, reports that shortly after hearing the diagnosis of a serious or lethal fetal anomaly, 46 women were interviewed on their motives for terminating or for continuing their pregnancy of more than 24 weeks. In 30 cases the pregnancy was terminated two to six weeks following the diagnosis. The main reason for doing so was that the women considered the fact that they were carrying a baby which would die to be unbearable. A minority of 16 women wanted to continue with the pregnancy, the most important reason for this being 'the strong tie with the baby'(p.69).
7. Art. L. 162-12 Code de sante publique. As a result of the adoption of the famous Bioethics Laws, this article has been modified, but the substance has not been changed.
8. Art.350, 2 Penal Code.
9. Termination of pregnancy for fetal abnormality in England, Wales and Scotland, Royal College of Obstetricians and Gynaecologists, London, January 1996.
10. The guidelines stipulate, that judgements should be cautio us: it W ul d not be possible to give an authoritative view of the meaning of 'seriously handicapped' as this has not been interpreted by the courts.
11. For a more restrictive approach to 'serious handicap', see F.A.Chervcnak a.o., Is third trimester abortion justified? Br Jnl Obst Gyn 102 (1995) 434-435.
12. R.J.Lilford, J.Thornton, Ethics and late termination of pregnancy, Lancet 342 (1993) 499.
13. D.Paintin, o.c., at page 400.
14. Hoge Raad 29 mei 1990, NJ 1991, 217.
15. Nota late zwangerschapsafbreking (report on late termination of pregnancy); official views of the Netherlands Association for Obstetrics and Gynaecology, Utrecht 1994.
16. It is not clear why this third category has been added. Dutch law does not allow for the active termination of the life of a handicapped newborn. What seems crucial - see also the second category - is that the medical condition after birth is expected to be so hopeless, that the medical team will refrain from life-prolonging interventions.
17. For a full account, see J.M.Bosma, G.van der Wal, S.L.Hosman-Benjaminse, Late termination of pregnancy in North Holland, Br Jnl Obst Gyn 104 (1997) 478-487.