The scientific innovations of fetal surgery and artificial womb could innovate also the concept of legal personhood

Mario Triggiani

Abstract


In English law, the foetus has no legal personality and it is deemed to have a separate existence from its mother until it is born. This rule may need to be revised, in light of technological advances in foetal surgery and artificial womb technology designed to preserve foetal viability pre-birth. Thus, the technological intervention for the preservation of foetal viability may seem incompatible with traditional legal conception that denies legal personality to the foetus. However, affording the foetus a legal personality may have a huge impact on the fundamental rights of pregnant women over their bodies.

Keywords


Artificial Womb Technology; fetal surgery; legal personhood

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Iscrizione al R.O.C. n. 25223
Registro Stampa presso il Tribunale di Napoli, n. 48 del 03.12.2019
R.G. n. 8014/19