Status prawny płodu upośledzonego
The legal status of a malformed fetus

Summary/Abstract: Polish law permits abortion on eugenic reasons when prenatal tests or other medical findings indicate a high probability of severe and irreversible damage or an incurable life-threatening disease of the fetus. During the parliamentary debate on the initiative of removal an eugenic cause from reasons of legal abortion, fetuses with biological defects were described as disabled children. This article focuses on the question whether the fetus with biological defects has the status of “disabled per-son” and/or “disabled child” in the polish law, and what kind of legal consequences might be associated with that, particularly in the area of protection of human’s life and health. There are three levels of deliberations: constitutional, international law and statutory law.

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