Alas, I was somewhat hasty in my previous assertion that the Congenital Disabilities (Civil liability) Act 1976 applies to Scotland - on checking more carefully, I see it doesn't (fools rush in etc.), which explains the perceived need in a jurisdiction without such a statutory provision to develop a free standing duty of care owed to a foetus which is subsequently born. Such a freestanding duty of course brings even more sharply into focus the philosophical issues about duties owed to those not yet born that Robert mentions in his email.

Martin

--

The University of Edinburgh is a charitable body, registered in

Scotland, with registration number SC005336.