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IN RE BABY BOY DOE

No. 1-93-4322.

632 N.E.2d 326 (1994)

260 Ill. App.3d 392

198 Ill.Dec. 267

In re BABY BOY DOE, a fetus (The People of the State of Illinois, Plaintiff-Appellant, v. Mother Doe, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

April 5, 1994.

Attorney(s) appearing for the Case

Renee Goldfarb/Jeanne Bischoff, State's Atty's. Office, Appeals Div., and Patrick T. Murphy, Office of the Public Guardian, Chicago, for appellant.

Colleen K. Connell and Susan Wishnick, The Roger Baldwin Foundation of ACLU, Inc., Rita Fry, Public Defender, Xavier Velasco, Henry Hams, Asst. Public Defenders, Chicago, for appellee.

Presiding Justice DiVITO delivered the opinion of the court:

This case asks whether an Illinois court can balance whatever rights a fetus may have against the rights of a competent woman to refuse medical advice to obtain a cesarean section for the supposed benefit of her fetus. Following the lead of the Illinois Supreme Court in Stallman v. Youngquist (1988), 125 Ill.2d 267, 126 Ill.Dec. 60, 531 N.E.2d...

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