DCC 3103 Lecture Notes - Lecture 7: Filiation, Blood Transfusion, Plastic Surgery
Document Summary
Case regarding whether a father had the right to abort the baby. The lady name is diagle and the marital status between them is common law marriage. She wants to get an abortion and tremblay does not want her to get one. He seeks an injunction (which is an order from a court that orders a person to either do something or refrain from doing something) to stop diagle from having an abortion. Tremblay invokes his right as a father in becoming (a future father). The foetus is not a human being because it does not have life. Human beings are juridical persons and they have juridical personalities. As s a juridical person it means you are attained the life to right. A foetus is not considered a juridical person. The foetus has no right and cannot be subject to obligations. The moment the foetus becomes a human being is when the foetus is born alive and viable.