An abortion had been carried out of a foetus which was of more than 24 weeks’ gestation. The foetus had been diagnosed as suffering from a bilateral cleft lip and palate. The abortion was carried out pursuant to section 1(1)(d) of the 1967 Act. The claimant was a Church of England curate who was herself born with a significant facial impairment, which had been successfully treated. She was opposed in principle to abortion. She considered that a cleft lip and palate could not amount to a ‘serious handicap’ within the meaning of section 1(1)(d) and that, accordingly, the abortion must have been unlawful.
Held: Permission was granted; a cleft lip and palate could not be a serious handicap within the meaning of section 1(1)(d)
Rose LJ and Jackson J
[2003] EWHC 3318 (Admin)
Abortion Act 1967 1(1)(d)
England and Wales
Cited by:
Cited – Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care Admn 23-Sep-2021
Foetus has no Established Human Rights
The Claimants sought a declaration that section 1(1)(d) of the Abortion Act 1967, as amended, is incompatible with the European Convention on Human Rights (‘ECHR’), as well as some other remedies. The claimant had Down’s Syndrome, and complained the . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 September 2021; Ref: scu.668233
