Abortion—The Female, the Foetus and the Father

The recent case of Paton v. Trustees of B.P.A.S. raised an issue never previously canvassed before an English court, namely: does a husband have any rights in English law to prevent his wife having a lawful abortion within the terms of the Abortion Act 1967? Apart from its interest as a case of first impression in an area of the law which has never been devoid of controversy, the case raised directly or by implication fundamental questions about the control of family life and the rights and duties of those in any way connected with it. Should the final decision as to the termination of a preg­nancy rest with the mother (in consultation with her physicians), the father, or the State? What rights, if any, does the unborn child possess? What remedies, if any, are available to control the actions of those involved in the abortion process