Fetal Abuse: An Exploration of Emerging Philosophic, Legal, and Policy Issues

Focusing on a recent California court case, various philosophic, legal, and policy issues associated with fetal abuse and neglect claims are explored. Philosophic approaches regarding the moral status of the fetus, the nature of abuse, and the rights and duties of affected parties are reviewed in an effort to discover common ground in adjudicating among claims of competing interests. Criminal and tort law judgments are reviewed in demonstrating that the courts increasingly are admitting a role for the state in protecting fetal claims and that criminal and tort action may be entertained against responsible individuals including parents. Finally, some tentative suggestions are offered regarding future policy in this area revolving around the recognition of multiple and overlapping layers of responsibility.