Six words. Six very important words in the ongoing struggle for a woman’s right to be seen as more than an incubator. This is only one Judge in the Family Court [in Australia for our o/s readers], and the woman in question said she did not intend to procure an abortion anyway. But still the foetus’ father has not been able to get the order, to force the woman to continue the pregnancy, that he asked for. That’s one teaspoon.
Justice Murphy referred to earlier cases that found ”a foetus has no legal personality and cannot have a right of its own until it is born and has a separate existence from its mother”.
Further, Justice Murphy said there was no common law right of a father to enable him to force the mother to carry a child to term.
However, the fight is not over yet.
Justice Murphy said it was possible a court other than the Family Court may have the power to make the sort of orders Mr Talbot sought, but he was only prepared to consider the Family Court.