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  • Title: Modern medical technologies in Commonwealth law and beyond.
    Author: Cook RJ.
    Journal: IPPF Med Bull; 1983 Aug; 17(4):1-2. PubMed ID: 12279588.
    Abstract:
    Commonwealth law does not clearly delineate the point at which contraception becomes abortion. Liability varies according to jurisdiction and whether a woman acts upon herself or is acted upon by another person. As a result, Commonwealth law provides substantial opportunities for the introduction of modern medical technologies that act before quickening, pregnancy, or implantation can be confirmed. Under English and Roman Dutch Common law, procedures used before quickening can be established (12-14 weeks after the last menstrual period) are legal. Although there are now reliable techniques for detecting pregnancy very early in gestation, making it possible for criminal liability to be attached to an earlier gestational stage, these tests are unavailable in most Commonwealth countries. The Indian Penal Code requires that a woman be proven "with child" as a precondition for criminal liability. Scottish Common law makes the same stipulation. Some jurisdictions define pregnancy as beginning after a fertilized ovum has been implanted. Thus, postcoital contraceptives which are thought to prevent fertilization or implantation are allowable. In countries where English Common law prevails, a woman can treat herself until quickening can be proven. This provision opens the door for development of more safe and reliable methods of self-administered fertility control, including prostaglandin suppositories and injections to induce menstruation.
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