HLTH3000 Lecture Notes - Lecture 10: Born Alive Rule, Surrogacy, Miscarriage
Document Summary
Consciousness - capacity to be able to feel stimulus. Until born, a foetus, and its father have no rights. Does the legal position differ from the medical position. Pregnancy- interplay between the rights na interests of the mother and those of the foetus - concept of personhood, "everyone has a right to life, liberty and security of person", article 3, Children need extra protection because they are more "vulnerable" due to their. Parents are generally natural surrogate decision makers for their children, but is not always the case, so its not "absolute" According to section 61 of the family law act, 1975 (cth) ("fla") each parent of a child, under the age of 18 years has parental responsibility, unless altered by a court order. The supreme court of queensland has inherent power to intervene - The family court/ federal circuit court may also intervene- welfare: refer ss. Refers to termination of a pregnancy, also referred to as miscarriage.
