From Wikipedia, the free encyclopedia

Feticide or foeticide, also known as "fetal homicide," as a legal term refers to the deliberate or incidental killing of a fetus due to a criminal human act, e.g. a punch or kick to the abdomen of a pregnant woman. It does not refer to the death of a fetus from entirely natural causes, or through the spontaneous abortion of a pregnancy where the life of the fetus could not be maintained artificially ex utero. Feticide or fetal homicide is punishable as a crime in many jurisdictions. For example, in India, the term feticide is used to refer to the widely condemned practice of killing female fetuses in an effort to secure male offspring while not having too many children.

As a medical term, feticide includes termination of a fetus as the first phase of a legal induced abortion from around gestational week 20, usually after detection of a fetal abnormality.^[1] The possibility of unsuccessful feticide--resulting in birth of a live baby--is a malpractice concern.^[2] From the 20th to 23rd week of gestation, an injection to stop the fetal heart can be used to achieve feticide, as the first phase of a legal surgical abortion procedure.^[3] Although the term "feticide" may refer to legal induced abortion, this term is often defined as "causing the death of a fetus."^[4]

Fetal homicide laws in the United States

In the U.S., most crimes of violence are covered by state law, not federal law. Thirty-four (34) states currently recognize the "unborn child" (the term usually used) or fetus as a homicide victim, and 24 of those states apply this principle throughout the period of pre-natal development.^[5][6]. 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.^[7]

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 34 states that recognize fetal homicide, 24 apply the principle throughout the period of pre-natal development. However, 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. ^[8] Some other states do not consider the killing of a fetus to be homicide until the fetus has reached quickening or viability.

• Unborn Victims of Violence Act
• Born alive rule
• Murder of a fetus

1. ^ The Abortion (Amendment) (Wales) Regulations 2002 (Guidelines for doctors giving an abortion)
2. ^ Jansen RP (1990). "Unfinished feticide". J Med Ethics 16 (2). PMID 2195170. 
3. ^ -Vause S, Sands J, Johnston TA, Russell S, Rimmer S. (2002). PMID 12521492 Could some fetocides be avoided by more prompt referral after diagnosis of fetal abnormality? J Obstet Gynaecol. 2002 May;22(3):243-5. Retrieved 2006-03-17.
   -Dommergues M, Cahen F, Garel M, Mahieu-Caputo D, Dumez Y. (2003). PMID 12576743 Feticide during second- and third-trimester termination of pregnancy: opinions of health care professionals. Fetal Diagn Ther. 2003 Mar-Apr;18(2):91-7. Retrieved 2006-03-17.
   -Bhide A, Sairam S, Hollis B, Thilaganathan B. (2002). PMID 12230443 Comparison of feticide carried out by cordocentesis versus cardiac puncture. Ultrasound Obstet Gynecol. 2002 Sep;20(3):230-2. Retrieved 2006-03-17.
   -Senat MV, Fischer C, Bernard JP, Ville Y. (2003). PMID 12628271 The use of lidocaine for fetocide in late termination of pregnancy. BJOG. 2003 Mar;110(3):296-300. Retrieved 2006-03-17.
4. ^ Definitions of feticide from dictionary.com.
5. ^ NRLC. State Homicide Laws That Recognize Unborn Victims (Fetal Homicide)
6. ^ National Conference of State Legislatures. (June 2006). "Fetal Homicide". Retrieved January 19, 2007.
7. ^ NRLC. Constitutional Challenges to State Unborn Victims (Fetal Homicide) Laws
8. ^ People v. Davis, 7 Cal.4th 797, 30 Cal.Rptr.2d 50, 872 P.2d 591 (Calif. 1994).