Under section 1(3) of the Abortion Act 1967, treatment for the termination of pregnancy must be carried out in a NHS hospital or private or approved clinic, as determined by the Secretary of State.

Mrs Paton became pregnant and, without the knowledge of her husband, sought an abortion. This was certified under section 1(1)(a) of the Abortion Act 1967 by two doctors, in good faith, on the grounds that continuation of the pregnancy could adversely affect her physical and mental health. The father (Mr Paton) subsequently applied for an injunction to stop the termination. The court refused the application and the judge held that, in English law, the foetus does not have rights of its own until it has been born and has an existence separate from the mother.

A foetus has no independent right or legal personality until such time as it is born.

Mrs Paton, unbeknown to her husband, was to (legally) have an abortion. Having failed to obtain an injunction, Mr Paton appealed to the European Commission of Human Rights on the basis of Article 8 ECHR (right to family life) and Article 2 ECHR (right to life) in order to protect the life of his unborn child. His arguments were rejected.

A (potential) father has no rights in relation to whether or not the woman who is pregnant by him may terminate the pregnancy.

Mr McFarlane had a vasectomy following the birth of his fourth child and was negligently informed that his sperm count was negative. Mrs McFarlane subsequently became pregnant. The couple brought an action for damages. The claim for damages in respect of pure economic loss for the costs of raising the child was rejected.

Compensation will not be awarded for the costs of raising an unintended healthy child born as a result of prenatal negligence.

A pregnant woman’s amniotic sac was ruptured negligently by a doctor. As a result of this and further errors, the pregnancy had to be terminated on medical grounds. Miss Vo brought a case to the European Court of Human Rights, arguing that the foetus’s life was protected under Article 2 of the European Convention on Human Rights. In a majority decision, the court held that there was no violation of the foetus’s right to life (in French law).

Foetal life is not protected under Article 2 of the European Convention on Human Rights.