THE Chester curate who tried to see criminal charges brought against two doctors involved in the late abortion of a foetus with a cleft lip and palate last night said she was "disappointed" they would not be prosecuted.
The Rev Joanna Jepson said she was seeking legal advice over her next move, but her primary aim was not to see the medics brought to court.
Instead, she would focus on clarifying the law to protect unborn children, particularly those with disabilities.
She insisted that a cleft lip and palate would not make a child "seriously handicapped" as the doctors had judged the foetus was at serious risk of turning out to be.
West Mercia Crown Prosecution Service said it was satisfied that the doctors who authorised the abortion had acted in good faith and would not face charges.
Chief Crown Prosecutor Jim England said: "The issue is whether the two doctors who had authorised the termination were of the opinion, formed in good faith, that there was a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.
"I consider that both doctors concluded that there was a substantial risk of abnormalities that would amount to the child being seriously handicapped."
Ms Jepson, 28, the curate of St Michael's Church, said last night: "While I am disappointed about the CPS's decision to drop the case I am pleased that the case has raised the issue of late term abortion and in particular the plight of disabled babies in late term pregnancy.
"It has exposed grave discrimination and I will be seeking legal advice as a matter of urgency and hope to decide by the end of the week whether I will press ahead to obtain clarification from the courts that unborn babies in the third trimester have human rights."
She also wanted to clarify through the courts what constituted a "serious handicap".
A police inquiry into the abortion at Hereford County Hospital was reopened following a judicial review sought by Ms Jepson, who was born with a jaw defect and had to undergo reconstructive surgery later in life.
She also has a brother with Down's Syndrome.
Her lawyers argued that a cleft lip and palate did not meet the 1967 Abortion Act standard of a "serious handicap". Ms Jepson said: "They (the CPS) haven't made a proper decision and therefore we need to push the case further to get a definition of what constitutes a serious handicap."