NCJ Number
122118
Journal
Harvard Law Review Volume: 101 Issue: 5 Dated: (March 1988) Pages: 994-1012
Date Published
1988
Length
19 pages
Annotation
The constitutionality and policy implications of fetal abuse laws are assessed with emphasis on targeting only specific egregious conduct and fostering prenatal education programs.
Abstract
In 1986 in People v. Stewart, a California resident was charged with child abuse for behavior that caused harm and eventually death to the fetus she was carrying. The article examines maternal and fetal rights and the State's interest in both, focusing on laws that would impose criminal penalties on a woman who carried out behavior injurious to the fetus she was carrying. The privacy interests of the mother and the State's interest in protecting fetal health are analyzed with the conclusion that fetal abuse laws are undesirable because they discourage bonding between the mother and the fetus and because they deprive women of control over their own bodies. 96 footnotes.