Considerations pertaining to neonatal life termination

Life termination causing or hastening death by the administration of a substance intended to have that effect – is a criminal offence in the Netherlands, which may constitute manslaughter or murder. However, under certain circumstances, a doctor who ends the life of a neonate may justify his/her action on the grounds of force majeure in the form of ‘necessity’. Such justification is legally acceptable if the neonate’s health status is such that the baby’s suffering is or will become so severe that the doctor’s duty to alleviate that suffering outweighs his/her duty to preserve the neonate’s life.