NPO welcomes ConCourt ruling on burying early-term foetuses
Last year, the Pretoria High Court found that foetuses which didn’t survive past 26 weeks were effectively considered “medical waste” and so couldn’t be buried - and this is what the group has been challenging.
JOHANNESBURG - NPO, Voice of the Unborn Baby has welcomed the Constitutional Court’s finding that the Births and Deaths Registration Act doesn’t place a bar on burying early-term foetuses.
Last year, the Pretoria High Court found that in terms of the act, foetuses that didn’t survive past 26 weeks were effectively considered “medical waste” so couldn’t be buried - and this is what the group has been challenging.
This is on the back of a case brought by the non-profit.
The Constitutional Court last week declined to uphold the high court’s ruling - finding, though, that despite the fact that this was how the law had been interpreted in the past, there was actually nothing in law barring the burial of a foetus under a certain age, to begin with.
Sonja Smith - the founder of The Voice of the Unborn Baby has welcomed clarity in the matter.
"It was such a grey area. For all these years it would appear the law was interpreted incorrectly - by everyone from the medical fraternity right through to parents, hospitals, doctors, even the department of health."
Smith said she is happy with the final outcome.
"If you look at the bigger picture, we are happy with the outcome which is ultimately what we were fighting for. I’m relieved this saga is now over, and I’m happy with the ruling."