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    The Ethical and Legal Conundrum: Should a Mother Owe a Duty of Care to her Unborn Child?

    195100_102289_Do_Mapulanga-Hulston_Duty_of_Care.pdf (123.5Kb)
    Access Status
    Open access
    Authors
    Do, Christina
    Mapulanga-Hulston, Jackbeth
    Date
    2013
    Type
    Journal Article
    
    Metadata
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    Citation
    Do, Christina and Mapulanga-Hulston, Jackie. 2013. The Ethical and Legal Conundrum: Should a Mother Owe a Duty of Care to her Unborn Child? Journal of Applied Law and Policy (JALAP). 6: pp. 1-11.
    Source Title
    Journal of Applied Law and Policy (JALAP)
    ISSN
    1836-6953
    URI
    http://hdl.handle.net/20.500.11937/12886
    Collection
    • Curtin Research Publications
    Abstract

    It is likely that, for emotional and moral reasons, the vast majority of society would agree with the proposition that a mother ought to care for and protect her unborn child. However, it is questionable whether those same members of society would all agree with the imposition of a broad, legally enforceable duty of care on an expectant mother, when armed with knowledge of the consequences that may flow from breach of such a duty. This research paper seeks to examine the competing international policy considerations in order to conclude whether the imposition of such a duty is appropriate and acceptable in modern Australia. This analysis will compare the approaches to such a duty in Canada and the United Kingdom. Presently in Australia, the circumstances under which a mother owes a duty of care to her unborn child are not settled. The Australian legislature and judiciary are yet to reach a definitive conclusion as to the extent of the duty of care owed by a mother to her unborn child.

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