Feticide
Encyclopedia
Feticide is an act that causes the death of a fetus
. In a legal context, "fetal homicide" or "child destruction" refers to the deliberate or incidental killing of a fetus
due to a criminal human act, such as a blow to the abdomen of a pregnant woman. Feticide does not refer to the death of a fetus from entirely natural causes, such as the miscarriage
of a pregnancy.
, matricide
, regicide
.
In the U.S., most crimes of violence are covered by state law, not federal law. Thirty-five (35) states currently recognize the "unborn child" (the term usually used) or fetus as a homicide victim, and 25 of those states apply this principle throughout the period of pre-natal development. These laws do not apply to legal induced abortions. Federal and state courts have consistently held that these laws do not contradict the U.S. Supreme Court's rulings on abortion.
In 2004, Congress enacted and President Bush signed the Unborn Victims of Violence Act
, which recognizes the "child in utero" as a legal victim if he or she is injured or killed during the commission of any of 68 existing federal crimes of violence. These crimes include some acts that are federal crimes no matter where they occur (e.g., certain acts of terrorism), crimes in federal jurisdictions, crimes within the military system, crimes involving certain federal officials, and other special cases. The law defines "child in utero" as "a member of the species homo sapiens, at any stage of development, who is carried in the womb."
Of the 38 states that recognize fetal homicide, approximately two-thirds apply the principle throughout the period of pre-natal development, while one-third establish protection at some later stage, which varies from state to state. For example, California treats the killing of a fetus as homicide, but does not treat the killing of an embryo (prior to approximately eight weeks) as homicide, by construction of the California Supreme Court. Some other states do not consider the killing of a fetus to be homicide until the fetus has reached quickening
or viability.
Unlawful abortion may be considered "feticide", even if the pregnant woman consents to the abortion.
Fetal homicide laws are increasingly often used to prosecute pregnant women accused of intentionally or recklessly causing miscarriages or stillbirths. According to the organization National Advocates for Pregnant Women, South Carolina, one of the first states to pass such a law, has charged only one man who assaulted a pregnant woman under this law, while approximately 300 women have been arrested.
, "child destruction" is the crime of killing a child "capable of being born alive", before it has "a separate existence". The Crimes Act
1958 defined "capable of being born alive" as 28 weeks' gestation, later reduced to 24 weeks. The 1990 Amendment to the Abortion Act 1967
means a medical practitioner cannot be guilty of the crime.
The charge of child destruction is rare. A woman who had an unsafe abortion
while 7½ months pregnant was given a suspended sentence
of 12 months in 2007; the Crown Prosecution Service
was unaware of any similar conviction.
or potassium chloride
to stop the fetal heart can be used to achieve feticide. Less commonly, urea may be injected into the amniotic sac, or the umbilical cord may be cut, resulting in the fetus bleeding to death. Fetal death causes the tissues to soften, making removal of fetal parts in a dilation and evacuation
procedure easier. In the United States, the Supreme Court has ruled that a legal ban
on intact dilation and extraction
procedures does not apply if feticide is completed before surgery starts. When used before labor induction
, feticide prevents the possible complication of live birth. The possibility of unsuccessful feticide—resulting in birth of a live infant—is a malpractice concern.
The most common method of selective reduction
—a procedure to reduce the number of fetuses in a multifetus pregnancy—is feticide via a chemical injection into the selected fetus or fetuses. The reduction procedure is usually performed during the first trimester of pregnancy. It often follows detection of a congenital defect in the selected fetus or fetuses, but can also reduce the risks of carrying more than three fetuses to term.
Fetus
A fetus is a developing mammal or other viviparous vertebrate after the embryonic stage and before birth.In humans, the fetal stage of prenatal development starts at the beginning of the 11th week in gestational age, which is the 9th week after fertilization.-Etymology and spelling variations:The...
. In a legal context, "fetal homicide" or "child destruction" refers to the deliberate or incidental killing of a fetus
Fetus
A fetus is a developing mammal or other viviparous vertebrate after the embryonic stage and before birth.In humans, the fetal stage of prenatal development starts at the beginning of the 11th week in gestational age, which is the 9th week after fertilization.-Etymology and spelling variations:The...
due to a criminal human act, such as a blow to the abdomen of a pregnant woman. Feticide does not refer to the death of a fetus from entirely natural causes, such as the miscarriage
Miscarriage
Miscarriage or spontaneous abortion is the spontaneous end of a pregnancy at a stage where the embryo or fetus is incapable of surviving independently, generally defined in humans at prior to 20 weeks of gestation...
of a pregnancy.
Etymology
The suffix "icide" is added in place of fetus' last syllable. It derives back to caedere, a Latin term meaning to cut or kill. Older examples: homicideHomicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
, matricide
Matricide
Matricide is the act of killing one's mother. As for any type of killing, motives can vary significantly.- Known or suspected matricides :* Amastris, queen of Heraclea, was drowned by her two sons in 284 BC....
, regicide
Regicide
The broad definition of regicide is the deliberate killing of a monarch, or the person responsible for the killing of a monarch. In a narrower sense, in the British tradition, it refers to the judicial execution of a king after a trial...
.
Laws in the United States
In 2004, Congress enacted and President Bush signed the Unborn Victims of Violence Act
Unborn Victims of Violence Act
The Unborn Victims of Violence Act of 2004 is a United States law which recognizes a "child in utero" as a legal victim, if he or she is injured or killed during the commission of any of over 60 listed federal crimes of violence...
, which recognizes the "child in utero" as a legal victim if he or she is injured or killed during the commission of any of 68 existing federal crimes of violence. These crimes include some acts that are federal crimes no matter where they occur (e.g., certain acts of terrorism), crimes in federal jurisdictions, crimes within the military system, crimes involving certain federal officials, and other special cases. The law defines "child in utero" as "a member of the species homo sapiens, at any stage of development, who is carried in the womb."
Of the 38 states that recognize fetal homicide, approximately two-thirds apply the principle throughout the period of pre-natal development, while one-third establish protection at some later stage, which varies from state to state. For example, California treats the killing of a fetus as homicide, but does not treat the killing of an embryo (prior to approximately eight weeks) as homicide, by construction of the California Supreme Court. Some other states do not consider the killing of a fetus to be homicide until the fetus has reached quickening
Quickening (medical)
In pregnancy terms, the moment of quickening refers to the initial motion of the fetus in the uterus as it is perceived or felt by the pregnant woman...
or viability.
Unlawful abortion may be considered "feticide", even if the pregnant woman consents to the abortion.
Fetal homicide laws are increasingly often used to prosecute pregnant women accused of intentionally or recklessly causing miscarriages or stillbirths. According to the organization National Advocates for Pregnant Women, South Carolina, one of the first states to pass such a law, has charged only one man who assaulted a pregnant woman under this law, while approximately 300 women have been arrested.
Child destruction
In English lawEnglish law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, "child destruction" is the crime of killing a child "capable of being born alive", before it has "a separate existence". The Crimes Act
Crimes Act
Crimes Act is a stock short title used for legislation in Australia, New Zealand and the United States, relating to the criminal law...
1958 defined "capable of being born alive" as 28 weeks' gestation, later reduced to 24 weeks. The 1990 Amendment to the Abortion Act 1967
Abortion Act 1967
The Abortion Act 1967 is an Act of the Parliament of the United Kingdom legalising abortions by registered practitioners, and regulating the free provision of such medical practices through the National Health Service ....
means a medical practitioner cannot be guilty of the crime.
The charge of child destruction is rare. A woman who had an unsafe abortion
Unsafe abortion
An unsafe abortion is the termination of an unwanted pregnancy by persons lacking the necessary skills, or in an environment lacking minimal medical standards, or both...
while 7½ months pregnant was given a suspended sentence
Suspended sentence
A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation...
of 12 months in 2007; the Crown Prosecution Service
Crown Prosecution Service
The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. Its role is similar to that of the longer-established Crown Office in Scotland, and the...
was unaware of any similar conviction.
Use during legal abortion
The Royal College of Obstetricians and Gynaecologists recommends feticide "before medical abortion after 21 weeks and 6 days of gestation to ensure that there is no risk of a live birth". In abortions after 20 weeks, an injection of digoxinDigoxin
Digoxin INN , also known as digitalis, is a purified cardiac glycoside and extracted from the foxglove plant, Digitalis lanata. Its corresponding aglycone is digoxigenin, and its acetyl derivative is acetyldigoxin...
or potassium chloride
Potassium chloride
The chemical compound potassium chloride is a metal halide salt composed of potassium and chlorine. In its pure state, it is odorless and has a white or colorless vitreous crystal appearance, with a crystal structure that cleaves easily in three directions. Potassium chloride crystals are...
to stop the fetal heart can be used to achieve feticide. Less commonly, urea may be injected into the amniotic sac, or the umbilical cord may be cut, resulting in the fetus bleeding to death. Fetal death causes the tissues to soften, making removal of fetal parts in a dilation and evacuation
Dilation and evacuation
Dilation and evacuation literally refers to the dilation of the cervix and surgical evacuation of the contents of the uterus...
procedure easier. In the United States, the Supreme Court has ruled that a legal ban
Partial-Birth Abortion Ban Act
The Partial-Birth Abortion Ban Act of 2003 is a United States law prohibiting a form of late-term abortion that the Act calls "partial-birth abortion", often referred to in medical literature as intact dilation and extraction...
on intact dilation and extraction
Intact dilation and extraction
Intact dilation and extraction is a procedure done in late term abortion. It is also known as intact dilation and evacuation, dilation and extraction , intrauterine cranial decompression and, vernacularly in the United States, as partial birth abortion...
procedures does not apply if feticide is completed before surgery starts. When used before labor induction
Induction (birth)
Labor induction is a method of artificially or prematurely stimulating childbirth in a woman.-Indications:Common suggested reasons for induction include:* Postterm pregnancy, i.e. if the pregnancy has gone past the 42 week mark....
, feticide prevents the possible complication of live birth. The possibility of unsuccessful feticide—resulting in birth of a live infant—is a malpractice concern.
The most common method of selective reduction
Selective reduction
Selective reduction is the practice of aborting one or more fetuses in a multifetal pregnancy. Such an abortion procedure is often performed after a congenital defect has been identified...
—a procedure to reduce the number of fetuses in a multifetus pregnancy—is feticide via a chemical injection into the selected fetus or fetuses. The reduction procedure is usually performed during the first trimester of pregnancy. It often follows detection of a congenital defect in the selected fetus or fetuses, but can also reduce the risks of carrying more than three fetuses to term.
See also
- Unborn Victims of Violence ActUnborn Victims of Violence ActThe Unborn Victims of Violence Act of 2004 is a United States law which recognizes a "child in utero" as a legal victim, if he or she is injured or killed during the commission of any of over 60 listed federal crimes of violence...
- Born alive ruleBorn alive ruleThe "born alive" rule is a legal principle that holds that various aspects of the criminal law, such as the statutes relating to homicide and to assault, apply only to a child that is "born alive"...
- infanticideInfanticideInfanticide or infant homicide is the killing of a human infant. Neonaticide, a killing within 24 hours of a baby's birth, is most commonly done by the mother.In many past societies, certain forms of infanticide were considered permissible...
- sex-selective infanticide
- Fetal farming