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With the enactment of the Abortion Act 1967, an abortion is no longer an offence, subject to certain conditions.

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Introduction

Part I - Legal Research Using Library-Based Resources Question 2 With the enactment of the Abortion Act 1967, an abortion is no longer an offence, subject to certain conditions. '. . . a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner if two registered medical practitioners are of the opinion, formed in good faith--(a) that the continuance of the pregnancy would involve risk . . . of injury to the physical or mental health of the pregnant woman . . . greater than if the pregnancy were terminated . . .'1 The Abortion Act 1967 is the authority in legislation pertaining to abortion, the others being the Offences Against Person Act 1861 and the Infant Life (Preservation) Act 1929. Due to the Abortion Act 1967, a woman may choose to terminate her pregnancy if she can establish, with the expert opinion of two medical practitioners, the pregnancy is detrimental towards her physical or mental health. Mr. Lim merely believes that he is the father of the child, and this is not enough to substantiate the fact that he is the father of the child. ...read more.

Middle

S. The judgment in the Paton case has been subsequently applied in the case of C v. S [1988] QB 1354. This case involved an unmarried couple, the mother wanting to terminate her pregnancy on the grounds that the pregnancy would cause more injury to her physical and mental health than if the pregnancy was terminated. Two medical practitioners, in accordance with s 1(1) (a) of the Abortion Act 1967 certified this. The father of the child applied for an injunction to prevent the abortion. He asserted that the child was capable of being born alive, as under s 1(1) of the Infant Life (Preservation) Act 1929 it was an offence for any person, with intent to destroy the life of a child capable of being born alive (when feotus is between 28 or more weeks old, as per s 1 (2) of the Act). The father of the child, Mr. C, brought forth these proceedings because he feels that he has the locus standi based on his personal interest. He states that although his interests do not amount to a legal right, the abortion would be a crime concerning the life of his child. ...read more.

Conclusion

This would include providing evidence that the child is capable of being born alive without detriment to the mother's mental and physical health. He can authenticate this by escorting his girlfriend for a medical examination, then subsequently obtaining a detailed report by two or more medical practitioners that the pregnancy will not affect his girlfriend's mental or physical health. He has to also maintain perseverance in demonstrating the abortion as a criminal threat, by forming a firm and consistent basis of that crime. If Mr. Lim can attest that an abortion is unlawful, he can apply for an injunction to restrain the termination of his girlfriend's pregnancy. Biblography Halsbury's Laws of England 1 Section 1 (1) Abortion Act 1967 2 Halsbury's Laws (4th ed.) Vol. 11(1), para 465. 3 Paton v Trustees of BPAS [1978] 2 All ER 987, [1979] QB 276, [1978] 3 WLR 687 4 C v S [1987] 1 All ER 1230, [1987] 2 FLR 505, [1987] Fam Law 269, 2 BMLR 143 5 Halsbury's Laws (4th ed.) Vol. 11(1), para 465 6 Re F (In Utero) (Wardship) [1988] Fam 122, [1988] 2 FLR 307 7 Roe v Wade (1973) 410 US 113 8 Paton v United Kingdom (1980) 3 EHRR 408 ...read more.

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