Emerging medical concept of ‘fetal pain’ and related controversies in law

The research explores an emerging field of law that deals with medical jurisprudence, but takes a multidisciplinary approach, as it does not purely demarcate an intersection between law and medicine. The instant research intends to analyse the foetal pain perception while referring to the developments in law. Not only the law but also the ethical conduct of the professionals dealing with the foetus is challenged by the developed neuro-scientific evidence supporting the potential human being’s sensory perceptions. The researcher has adopted a qualitative approach to unfold the identified controversies in law. One of the significant aspects of the methodology is the comparative method, utilising the main jurisdictions (the United Kingdom and the United States) in the world. The United Kingdom has been discussed to highlight the British Medical Association’s stance on foetal pain, whereas the United States provides a solid foundation for the research with case law. The concluding perspective of the paper presents that the legal recognition of foetal pain has changed the doctor-patient relationship that exists between the pregnant woman and the medical professional who deals with her condition.