Brain death and pregnancy: on the legalities of post-mortem gestation

Cameron Stewart*, Ian Kerridge, Lisa O'Reilly, Linda Sheahan, George Tomossy, George Skowronski

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review


This column examines a 2020 decision of the Supreme Court of the Australian Capital Territory, Millard v Australian Capital Territory [2020] ACTSC 138, which dealt with a dispute concerning a brain dead pregnant woman and whether treatment to sustain her body should have been continued to save the life of her fetus. The column compares the case to other cases from overseas jurisdictions to examine the question of whether there is any jurisdiction which would authorise the continuation of care in such circumstances.
Original languageEnglish
Pages (from-to)75-89
Number of pages15
JournalJournal of Law and Medicine
Issue number1
Publication statusPublished - 2020


  • brain death
  • pregnancy
  • fetus
  • human tissue
  • anatomical examination
  • jurisdiction


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