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Richard W. Barker, "Unborn children and child protection
- legal, policy and practice issues", in "Social Work Law: an
Interface for Policy and Practice Development", Liverpool Law Review
XIX/2 (1997), 219-229: This paper examines some of the procedural, practice
and legal issues that arise in relation to child protection and unborn children.
It considers the official guidance on such interventions, and suggests that
whilst the law limits interventions, the guidance issued under 'Working
Together' expects agencies to monitor unborn children without having regard
to the complexities of the law. It is shown that the legal position is much
more complex than the guidance indicates. Particular areas then considered
are the legal position of the unborn fetus, the law in relation to parental
rights, and the law in relation to termination of pregnancy. Some statistical
evidence is provided to show the incidence of registration on child protection
registers of unborn children and how unborn children's cases are handled
very differently in different areas of England, the article concludes with
suggestions for clarifications and improvements in the guidelines in 'Working
Together' to reflect the complexities of child protection work with cases
where unborn children are a feature. e-mail: rwbarker@unn.ac.uk
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