Fetal Abuse: Culpable Behavior by Pregnant Women or Parental Immunity?

Authors

George P. Smith II, The Catholic University of America, Columbus School of LawFollow

Document Type

Article

Publication Date

1988

Abstract

The purpose of this essay is to demonstrate the pressing need of the law to take decisive action in imposing tort liability for willful and malicious conduct by drug addicted women during their pregnancy. Liability should be imposed notwithstanding the warnings from civil libertarians that the enforcement of such a policy would most assuredly give rise to "prenatal police patrols.'

Recommended Citation

George P. Smith, II, Fetal Abuse: Culpable Behavior by Pregnant Women or Parental Immunity?, 3 J. L. & HEALTH 23 (1988).