HC Deb 13 July 1979 vol 970 cc314-5W
Miss Richardson

asked the Secretary of State for the Home Department under what legislative provision it is an offence for foetuses to be destroyed which are capable of being born alive.

Mr. Brittan

It is an offence under the Infant Life (Preservation) Act 1929 for any person, with intent to destroy the life of a child capable of being born alive, by any wilful act to cause a child to die before it has an existence independent of its mother, except where the act causing the death of the child was done in good faith for the purpose only of preserving the life of the mother.

Miss Richardson

asked the Secretary of State for the Home Department under what legislative provision there is a liability for prosecution in cases in which a foetus, when it leaves the womb, is not given all possible assistance to preserve its life, including protection from experiments for purposes of research.

Mr. Brittan

If the foetus does not achieve a life independent of its mother the Infant Life (Preservation) Act 1929 applies to any wilful act done with intent to destroy it. If a child does achieve life independent of its mother, wilful neglect leading to the death of the child may amount to manslaughter.