A summary of: Termination of Pregnancy
Notes from Law of Persons (LAWS1013A at Wits University).
A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable.
Termination of Pregnancy
Created @September 2, 2022 9:42 AM
Type
Materials
Reviewed
Class
Application of NF to Termination of
Pregnancy
Christian League V Rall (Headnote) 1981
1. NF does not give legal personality to the unborn child → it only ensures that post-
birth benefits are held until the child is born alive
2. NF cannot be extended to TOP as NF does not hold legal personality and therefore
cannot retain legal rights and/or duties
3. Foetus cannot have curator ad litem (Legal representative)
Circumstances under which TOP can occur
The Choice on Termination Of Pregnancy Act 92 of 1996
Section2:
(2)(1)(a)
Termination of Pregnancy 1
, up to 12 weeks
Under request of the woman
(2)(1)(b)
13 - 20 weeks
Under advice of a medical practitioner
if
i. poses a risk to the woman’s mental or physical health
ii. abnormality in foetus
iii. pregnancy occurred as a result of rape/incest
iv. will affect the socio-economic circumstance of the woman
(2)(1)(c)
20 weeks onwards
Under advice of a medical practitioner
if:
i. pregnancy will pose a risk to the womans life
ii. sever malformation in foetus
iii. risk of injury of foetus
(2)(2)
Carried out by a medical practitioner/registered midwife
Constitutionality of Choice on TOP act
Termination of Pregnancy 2
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