Decision today on Baby O deportation case

The High Court is due to deliver its judgement today in the case of the unborn baby of a Nigerian woman who is seeking a declaration that the foetus is a legal person.

Baby O, whose mother is due to be sent back to Nigeria, wants the court to declare that the child cannot be deported.

The crux of the case is the legal status of the unborn child, who has separate legal representation.

Lawyers for the baby are seeking a declaration that the child cannot be deported. Among the grounds for their claim is the high infant mortality rate in Nigeria, thus deportation could hinder the right to life of the unborn infant.

The State claims the child is not without rights, but that the baby's rights are not distinguishable from the mother's rights. The decision could have widespread implications on the future deportation of foreign nationals.