Is there any branch of the law, where a foetus is given legal personality separate to that of the mother? [migrated]

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The Politicus
May 04, 2022 08:18 AM 0 Answers
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If the rights or wrongs of abortion are a judicial matter rather than political, central to it would seem to be the question of what defines a "person".

Critical to the idea that abortion should be illegal seems to be that a foetus is defined as a person, and is entitled to all the rights etc as such.

Civil (including commercial law, in the United States and all English-speaking jurisdictions) has its own definitions of persona which is in some ways more extensive and in others less so than in criminal law. For example legally constituted companies, or governmental bodies etc have legal personality and can sue or be sued. Equally people who lack mental capacity (eg those with dementia) are, in many cases, unable to act in law.

But is there ANY branch of the law, in any country of which subscribers may be aware - where a foetus is given legal personality separate to that of the mother?

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