DERCKX/HONDIUS legal fiction occurring under Art. 1: 2 of the Dutch Civil Code only being applicable if the woman were pregnant. 46 Conflicts between the embryo and the mother In the literature there has been a great deal of discussion conceming the question of whetherthe mother has legal obligations in relation to the embryo, for example in the case where the mother refuses necessary research on the embryo. Some are of the opinion that an em bryo has it own right to life and a right to be bom hea lthy or believe that the woman, after the termination of the period during which an abortion can be carried out, has given up the right to refuse treatment for the foetus. Those who adhere to this view are of the opinion that there must be a child protection provision during pregnancy.47 The prevailing view in health law, however, is that the law does not provide any legal grounds for infringing the woman s fundamental rights(physical integrity, privacy ). The woman only has moral- not legal bligations. According to Leenen she is a so-called childminder 48 The Embryos Bill does not provide for the appointment of a legal representative for the embryo if the mother does not give permission for research to be camied out on the foetus Abortus provocatus In The Netherlands a woman may temm ina te her pregnancy subject to the conditions la id down in the Term ination of Pregnancy Act. 49 The Term ination of Pregnancy Act does not lay down a maxmum pregnancy temm within which terminations are permitted. A criterion is laid down for this pupose in a crim inal law provision-Art 82a of the Crim inal Code- which determ ines that it is a punishable offence to kill a foetus which has a viable independent existence. The legislator has expressly not set a lim it in the Term ination of Pregnancy Act due to the fact that developing science may be able to further reduce the viability boundary. At the time of the enactment of the Crim inal Code a foetus of less than 24 weeks was not considered to have a viable independent existence. As a limit a maximum of 22 weeks has beenadhered to From the time of viable independent existence the woman loses the authority to have the regnancy teminated. Abortion is not a criminal offence if it is carried out by a doctor in a hospital or in an abortion clinic licensed for this purpose. The necessary criteria for the term ination of a pregnancy are the existence of an emergency situation as far as the woman is concerned and the fact that there has been a period of deliberation 50 The decision as to whether there is a case of an emergency situation will be that of a doctor. a doctor is not obliged to carry out an abortion (an abortion Among others Sluyters, De Bruijn-Luckers. In 2000 there were 8 abortions per 1000 women in the 15-44 age-group n The Netherlands Annual Reportof the Health Care Inspectorate 2000, p 102. The number of abortions I connected to, among other things, the availability of brth control devices Accordng to Leenen/Gevers 2000, p. 161, thesecriteriaseem to exclude one another.DERCKX/HONDIUS 10 legal fiction occurring under Art. 1:2 of the Dutch Civil Code only being applicable if the woman were pregnant.46 8 Conflicts between the embryo and the mother In the literature there has been a great deal of discussion concerning the question of whether the mother has legal obligations in relation to the embryo, for example in the case where the mother refuses necessary research on the embryo. Some are of the opinion that an embryo has it own right to life and a right to be born healthy or believe that the woman, after the termination of the period during which an abortion can be carried out, has given up the right to refuse treatment for the foetus. Those who adhere to this view are of the opinion that there must be a child protection provision during pregnancy.47 The prevailing view in health law, however, is that the law does not provide any legal grounds for infringing the woman s fundamental rights (physical integrity, privacy). The woman only has moral - not legal obligations. According to Leenen she is a so-called childminder . 48 The Embryos Bill does not provide for the appointment of a legal representative for the embryo if the mother does not give permission for research to be carried out on the foetus. 9 Abortus provocatus In The Netherlands a woman may terminate her pregnancy subject to the conditions laid down in the Termination of Pregnancy Act.49 The Termination of Pregnancy Act does not lay down a maximum pregnancy term within which terminations are permitted. A criterion is laid down for this purpose in a criminal law provision - Art. 82a of the Criminal Code - which determines that it is a punishable offence to kill a foetus which has a viable independent existence. The legislator has expressly not set a limit in the Termination of Pregnancy Act due to the fact that developing science may be able to further reduce the viability boundary. At the time of the enactment of the Criminal Code a foetus of less than 24 weeks was not considered to have a viable independent existence. As a limit a maximum of 22 weeks has been adhered to. From the time of viable independent existence the woman loses the authority to have the pregnancy terminated. Abortion is not a criminal offence if it is carried out by a doctor in a hospital or in an abortion clinic licensed for this purpose. The necessary criteria for the termination of a pregnancy are the existence of an emergency situation as far as the woman is concerned and the fact that there has been a period of deliberation.50 The decision as to whether there is a case of an emergency situation will be that of a doctor. A doctor is not obliged to carry out an abortion (an abortion 46. Leenen/Gevers, 2001, p. 132. 47. Among others Sluyters, De Bruijn-Luckers. 48. Leenen/Gevers, 2000, p. 153. 49. In 2000 there were 8 abortions per 1000 women in the 15-44 age-group in The Netherlands, Annual Report of the Health Care Inspectorate 2000, p. 102. The number of abortions is connected to, among other things, the availability of birth control devices. 50. According to Leenen/Gevers 2000, p. 161, these criteria seem to exclude one another