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Foetal Alcohol Syndrome to be considered a crime?

SecondGeneration's picture

This morning there was a short news story about whether a child born with serious disabilities caused by their mothers alcohol consumption should be compensated as a victim of crime. The speaker went on to suggest whether mothers who knowingly consume alcohol during their pregnancies should or could be prosecuted if their baby is born with foetal alcohol syndrome. The argument is that it should be considered a crime, causing harm to another human being , yet the current argument is whether or not a judge, or indeed the law can consider a foetus an independent being.

The main argument against it was "if you criminalise women during their pregnancy for drinking alcohol during their pregnancy then women may not go to their Drs or may terminate an otherwise wanted pregnancy"

Now, I've never been pregnant, a number of my friends are now welcoming their first babies into the world and a few of them continued out on girls nights out, albeit swopping alcohol for soft drinks. The general consensus is that women avoid alcohol once they find out they are pregnant, a few may enjoy an occassional glass of wine or so but it is not that kind of drinking that brings on this syndrome.

I do not know much about foetal alcohol syndrome but I am going to be interested in watching how this plays out.
To me, if a woman knowingly continues to drink excessive alcohol whilst pregnancy, or uses illegal substances in such an excess that it causes physical and mental damage to their baby then yes they should face negligence charges at the least. Social services, child protection should be able to use these cases to be able to monitor and if needed remove the infant from the parents.

However my concern is syndromes like foetal alcohol syndrome include symptoms like narrow eyes, thin upper lips, these physical symptoms can be picked up immediately, but the chances at that point of misdiagnosis would be a concern to me. Particularly when you know that actually, the development of a babies face is during the first term of pregnancy, well, some women dont even know they are pregnant then. How is it to be policed? In this modern day with records too frequently being ill-kept I wonder how they intend to keep on top of their already growing work loads.

I agree in point, but in terms of measuring the long term effects on a baby born with foetal alcohol syndrome, would take weeks to months, so what are they suggesting? To treat giving birth to a baby with foetal alcohol syndrome as a crime, prosecute the mother and then what? Remove the baby into foster care until they can determine what damage is there and then? Return the baby or does the mother then loose the baby?

What do you think?

http://www.bbc.com/news/health-29614413

Comments

MommyNotMommy's picture

A least where I live, if the state removes your children and they go into foster care, you are responsible for child support. You pay the state, not the foster family. Most women in this situation can't pay, but it is a law.

FTMandSM's picture

I think there needs to be some consequences for hurting your child before it's even born. To me, this is child abuse. My FDH had this. And guess what, AFTER he was born she kept abusing him until he ws 8 when she alomst killed him in a car accident while DRUNK driving. And even though his dad and stepmom took pictures, called CPS, everything they could to get him away from her. BUT it didn't happen until he almost died....

My 2 cents

Aeron's picture

Trying to legislate on this will just make a total mess. Yes, FAS is a horrible thing and while I personally don't get anyone drinking, smoking or doing any drugs while pregnant, there is no good way to put laws in place around this. Pregnant women often get treated like public property as it is, get judged for their weight gain (too much, too little), for their activities, for every single thing they choose to eat cause someone will always have a horror story to along with Whatever it is they see. So what else would get tacked on to this law to make consuming alcohol illegal? I don't trust the government to be smart enough or sane enough to create such a law. Even if it didn't have a huge impact on the right to choose which it almost certainly would.