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49 Geo. L. J. 173 (1960-1961)
Justifiable Abortion--Medical and Legal Foundations

handle is hein.journals/glj49 and id is 197 raw text is: THE
GEORGETOWN LAW JOURNAL
VOLUME 49                    Winter     1960                    NUMBER 2
JUSTIFIABLE ABORTION-MEDICAL AND LEGAL
FOUNDATIONS*
EUGENE QUAY**
INTRODUCTION
For some time now there has been an agitation for loosening of the
statutory bans on criminal abortion. Many respected and influential
voices have been raised in support of this movement but there is no
indication that it has originated in any ground swell of discontent with
the existing laws. Unlike the penal code lifted out of Exodus in the
Connecticut Blue Laws,' the abortion laws of the states generally were
adopted in a moderate first form and, for the most part, have had no
substantial amendment except to tighten them. The relevant sections
of the Model Penal Code, tentatively approved by the American Law
Institute in 1959, are a violent departure from all existing laws.
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(l) or from incest as defined in Section 207.3; and
* This is the first installment of a two-part article; the second part will appear in the
spring issue.
** A.B. 1909, St. Mary's (Kansas); MA. 1910, Catholic University; LL.B. 1913, George-
town Law Center; Member of D.C. and Illinois Bars; Life Member of American Law Insti-
tute; Founder and First Editor in Chief, Georgetown Law Journal.
1 Con. Gen. Stat. tit. 53, §§ 29-32 (1958).

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