But the Court of Cassation said the circular had not been approved by parliament, and officials had overstepped the mark. An earlier decision by the Court of Appeal, in favour of the circular, was struck down.

State attorney Alain Legoux said the decision left a troubling legal void about the criteria for determining the survivability of a foetus, and this raised potential conflicts about abortion and embryo research.

He called on legislators to fill the void.

His appeal was echoed by Jean-Paul Delevoye, who acts as a mediator between the state and the public.

The ruling could fuel a simmering row over pregnancy termination, pitching feminists and supporters of abortion against the Catholic church and anti-abortion groups, sources said.

Chantal Birman, deputy president of a pro-abortion and contraception group called ANCIC, said the court's determination would provide a powerful emotional argument for opponents of abortion, as it implied that a foetus or an embryo of any stage of development had the right to a name.

"A foetus is only viable after 26 weeks," said Birman, a midwife by training. "You have to take the timetable of pregnancy into account."

The decision "will help a rollback (on abortion rights) that has been taking place in Europe for the last few months," Birman told AFP, pointing to changes in Lithuania, the Netherlands, Poland and Spain.

France has among the most liberal laws on pregnancy termination in the world. Abortion is permitted up to 12 weeks after the start of pregnancy, and can be carried out by a simple pill which induces miscarriage, rather than by operation.

Abortion was authorised in 1975 and is vigorously defended by French feminists, who see it as a cornerstone of their rights. The 30th anniversary of the passing of the law in January saw skirmishes in the media and rallies by both sides.

Delevoye, the ombudsman, urged parliament to pass a law on the right to name a foetus that would give legal force to the administrative circular.

But he cautioned that the change was more complex than it may seem, as the new law would also touch on other pieces of legislation.

One potential loophole, he said, was in retirement legislation. Women in France can retire earlier if they have more children, so lawmakers had to spell out clearly what this right entailed.

Source-AFP
SRM/L