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49 Geo. L. J. 395 (1960-1961)
Justifiable Abortion--Medical and Legal Foundations

handle is hein.journals/glj49 and id is 419 raw text is: THE GEORGETOWN LAW JOURNAL VOLUME 49 Spring 1961 NUMBER 3 JUSTIFIABLE ABORTION-MEDICAL AND LEGAL FOUNDATIONS* EUGENE QUAY** Protecting the life of the unborn child has been a major concern of the earliest laws known to us. It has continued to be an object of law- making in every subsequent civilization which has contributed to our own because it springs from a universal feeling which in the past has ceased to move men only when a nation was in decay. These are beliefs we have noted in an earlier writing, but their foundation lies in a fuller appraisal of those sections of the Model Penal Code which first prompted expression. For the sake of clarity, the section with which we are chiefly concerned and which, in 1959, has received tentative approval by the American Law Institute is set out here: Section 207.11. Abortion and Related Offenses. (1) Unjustified Abortion. A person who purposely and unjustifiably ter- minates the pregnancy of another otherwise than by a live birth commits a felony of the third degree or, where the pregnancy has continued beyond the twenty- sixth week, a felony of the second degree. (2) Justifiable Abortion. A licensed physician is justified in terminating a pregnancy if: (a) he believes there is substantial risk that continuance of the pregnancy would gravely impair the physical or mental health of the mother or that the child would be born with grave physical or mental defect, or the preg- nancy resulted from rape by force or its equivalent as defined in Section 207.4(1) or from incest as defined in Section 207.3; and (b) two physicians, one of whom may be the person performing the abortion, have certified in writing their belief in the justifying circumstances, and * This is the second installment of a two-part article; the first part appeared in the winter issue, 49 Georgetown L.J. 173 (1960). ** A.B. 1909, St. Mary's (Kansas); MA. 1910, Catholic University; LL.B. 1913, Georgetown Law Center; Member of D.C. and Illinois Bars; Life Member of American Law Institute; Founder and First Editor in Chief, Georgetown Law Journal. 395

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