feticide

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Homicide
Murder
Note: Varies by jurisdiction
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Manslaughter
in English law Negligent homicide Vehicular homicide
Non-criminal homicide
Note: Varies by jurisdiction
Justifiable homicide Capital punishment Human sacrifice Feticide Medicide
By victim or victims
Suicide
Family
Familicide · Avunculicide Prolicide (Filicide • Infanticide • Neonaticide) Fratricide / Sororicide Mariticide / Uxoricide Parricide (Matricide • Patricide)
Other
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v d e

Feticide (or foeticide) is an act that causes the death of a fetus.^[1]

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: homicide, matricide, regicide.

Fetal homicide

Laws in the United States

Fetal homicide laws in the United States

  "Homicide" or "murder".

  Other crime against fetus.

  Depends on age of fetus.

  Assaulting woman.

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.^[2] 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^[3] 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.^[4] Some other states do not consider the killing of a fetus to be homicide until the fetus has reached quickening or viability.^[5]

Unlawful abortion may be considered "feticide", even if the pregnant woman consents to the abortion.^[6]

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.^[3]

Child destruction

In English law, "child destruction" is the crime of killing a child "capable of being born alive", before it has "a separate existence".^[7] The Crimes Act 1958 defined "capable of being born alive" as 28 weeks' gestation, later reduced to 24 weeks.^[7] The 1990 Amendment to the Abortion Act 1967 means a medical practitioner cannot be guilty of the crime.^[7]

The charge of child destruction is rare.^[8] A woman who had an unsafe abortion while 7½ months pregnant was given a suspended sentence of 12 months in 2007;^[9] the Crown Prosecution Service was unaware of any similar conviction.^[8]

Use during legal abortion

In medical use, the word "feticide" is used simply to mean causing the death of the fetus, usually prior to some form of abortion. The Royal College of Obstetricians and Gynaecologists recommends feticide be performed "before medical abortion after 21 weeks and 6 days of gestation to ensure that there is no risk of a live birth".^[10] In abortions after 20 weeks, an injection of digoxin or potassium chloride to stop the fetal heart can be used to achieve feticide.^[11][12] 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.^[12] The possibility of unsuccessful feticide—resulting in birth of a live infant—is a malpractice concern.^[13]

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.^[14] 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.^[15]

See also

• Unborn Victims of Violence Act
• Born alive rule
• Infanticide
  • Sex-selective infanticide
• Fetal farming

References