Kelly v Kelly

The principle allowing a child to bring a civil suit for injuries sustained in the womb[1] cannot be extended to give a father the right to prevent termination of a pregnancy through abortion.  The court held that an unborn foetus does not have rights which can be vindicated.

1997 SC 285

Full report


[1] Hamilton v Fife Health Board, 1993 SC 369

Art. 02 Right to Life, Child & Family Law, Medical Law

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.