| 释义 |
abortion
n. The removal of an embryo or foetus from the uterus at a stage in the pregnancy when it is deemed incapable of independent survival (see viable). Under the Offences Against the Person Act 1861 (s 58) abortion is a criminal offence unless carried out in accordance with the provisions of the Abortion Act 1967, which sets out the grounds upon which a termination is legal (s 1). Generally, a termination is lawful if the pregnancy has not exceeded 24 weeks and if the continuance of the pregnancy would involve a greater risk to the physical or mental health of the pregnant woman than having an abortion. In some circumstances a termination is permitted after 24 weeks, for example if there is a substantial risk that the child if born would be seriously handicapped or if the continuance of the pregnancy would involve grave permanent injury to the physical or mental health of the pregnant woman. The abortion must be carried out in an approved hospital or clinic and two medical practitioners must certify that the termination is necessary for one of the reasons set out in the Act. The distinction between abortion and contraception is a crucial one. In R (Smeaton on behalf of SPUC) v Secretary of State for Health [2002] EWHC 610 (Admin), [2002] 2 FLR 146 the High Court ruled that use of the “morning after pill”, which prevents the implantation of the fertilized egg in the womb, did not constitute an abortion. Doctors are not obliged to perform abortions if they can prove that they have a conscientious objection to so doing. A husband cannot prevent his wife having a legal abortion if she so wishes (C v S [1988] QB 135). Compare child destruction. |