" ABORTION OF JUSTICE AUTHORIZING anencephalic fetus "
By Team AE, estadao.com.br, Updated: 04/02/2011 12:16
Justice of São Paulo allows abortion of anencephalic fetus
SAO PAULO - An injunction of the Court of the State of São Paulo (TJ-SP) granted on Tuesday, January, authorized interruption of pregnancy of anencephalic fetus in the region of Sao Jose do Rio Preto in the interior. According to the State Public Defender, which triggered the Justice at the request of the parents of the child 'makes no sense from the perspective legal or medical, prolonging a pregnancy that does not exist the possibility of survival of the fetus'. As the press office of the Ombudsman, the woman is pregnant 24 weeks (about 6 months).
In action, public defenders Julio Cesar and Rafael Bessa Yamamura Tanon said they were told by doctors that the continuation of pregnancy may cause risk to physical and mental health of the mother and the problem of birth defects is irreversible and there possibility of intra or extrauterine treatment. The medical team then recommended the termination of pregnancy.
The request for abortion was denied at first instance. 'If it were possible, when preparing the Criminal Code, the medical examinations that enable today determine genetic defects of the fetus, the legislature, for better or for worse, certainly, would have allowed this event (termination of pregnancy in cases of anencephaly) ', explained Judge Francis Bruno. The advisory did not give details about the city where the couple lives because of the secrecy imposed by case law.
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