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Does an unborn child have rights and if so, how can they be protected ?

By: דיאנה שאלתיאלPublished on: 07 June, 2022
Yes ! section 33 (a)(6) of the Legal Capacity and Guardianship Law states that a court can appoint a guardian for a foetus . The guardian would represent the foetus and protect its rights.
An example of the use of this section would be where a single woman has been made pregnant by a boyfriend who has left the country. the court can appoint a guardian to represent the foetus and apply for an order preventing the alleged father from leaving the country ,if he visits again. The mother can then file at the family court for a declaratory judgment establishing paternity and for child maintenance, once the baby is born. The order will ensure that the alleged father is in the country so that the litigation can proceed properly .

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