- Published on
KembaraXtra-Case Law-Re F (in Utero) (1988)
Key Principle:
A fetus cannot be made a ward of court in the UK.
Facts of the Case:
Pregnant Woman: A woman with a history of psychiatric problems. Resident in a local authority home.
Disappearance: She went missing in the 38th week of her pregnancy.
Local Authority Action: The local authority applied for an order to make the fetus a ward of court.
Court Decision (Court of Appeal):
Request Denied: The Court of Appeal rejected the local authority's request.
Reasoning (Staughton LJ):
Wardship jurisdiction gives the court parental rights/powers.
This cannot happen until the child is born.
The orders sought would directly control the lives of both the mother and the (unborn) child.
Cited Paton v UK (European Commission of Human Rights) - the life of the fetus is intimately connected to the life of the pregnant woman.
Implications and Related Cases:
Fetus's Rights: This case establishes that a fetus does not have independent legal rights that would allow it to become a ward of court.
Post-Birth Considerations:
Re D (A Minor) (1986) HL: The House of Lords has ruled that a mother's behavior during pregnancy can be considered when making care orders after the child's birth.
Prenatal behavior isn't ignored, just can't be used to make the fetus a ward of court
Key Principle:
A fetus cannot be made a ward of court in the UK.
Facts of the Case:
Pregnant Woman: A woman with a history of psychiatric problems. Resident in a local authority home.
Disappearance: She went missing in the 38th week of her pregnancy.
Local Authority Action: The local authority applied for an order to make the fetus a ward of court.
Court Decision (Court of Appeal):
Request Denied: The Court of Appeal rejected the local authority's request.
Reasoning (Staughton LJ):
Wardship jurisdiction gives the court parental rights/powers.
This cannot happen until the child is born.
The orders sought would directly control the lives of both the mother and the (unborn) child.
Cited Paton v UK (European Commission of Human Rights) - the life of the fetus is intimately connected to the life of the pregnant woman.
Implications and Related Cases:
Fetus's Rights: This case establishes that a fetus does not have independent legal rights that would allow it to become a ward of court.
Post-Birth Considerations:
Re D (A Minor) (1986) HL: The House of Lords has ruled that a mother's behavior during pregnancy can be considered when making care orders after the child's birth.
Prenatal behavior isn't ignored, just can't be used to make the fetus a ward of court
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