The family of Dr. Henry Morgentaler has asked that the lawsuit against the province of New Brunswick be officially discontinued, says the manager of the Fredericton clinic.

Morgentaler began the legal fight 12 years ago to force the government to pay for abortions at his Fredericton clinic.

The case has been in limbo since Morgentaler's death last May.

Simone Leibovitch, manager of the Fredericton clinic, says she's been told the Halifax lawyer handling the case has been asked to file a notice of discontinuance of the action.

Since last week's announcement the clinic will close in July, the provincial government has not commented on the matter, saying it was before the courts.

Leibovitch says that should change when the lawsuit is dropped.

"Well, I guess that means they'll have to start commenting," she said.

Leibovitch doesn't know how long the process of officially discontinuing the action against the province will take.