Abstract
The fetus-first mentality advocates that pregnant women and women who could become pregnant should put the needs and well-being of their fetus before their own. As this Article will illustrate, this popular public perception has pervaded criminal law, impacting responses to women deemed to be the “irresponsible” pregnant woman and so the “bad” mother. The Article considers cases from Alabama and Indiana in the United States and England in the United Kingdom, providing clear evidence that concerns about the behavior of pregnant women now hang heavy over criminal justice responses to women who experience a negative pregnancy outcome or who are perceived to have behaved in a way that could result in a negative outcome. This Article provides a new approach by bringing together a critical assessment of fetal protection laws with theories of motherhood ideologies and analyzing how such ideologies have resulted in legal developments not only in the US, where fetuses have been granted legal recognition in most states, but also in England and Wales, where the fetus continues to have no legal personality. The Article will conclude that the application of the fetus-first mentality within criminal law has resulted in dangerous legal developments that challenge women’s rights, while doing little to protect fetuses.
DOI
10.36641/mjgl.27.1.putting
Publication Date
2020-06-11
Publication Title
Michigan Journal of Gender & Law
Volume
27
Issue
1
Publisher
University of Michigan Law Library
Keywords
Abortion, Concealment of Birth, Foetal homicide, Homicide, Motherhood, Pregnant women
First Page
149
Last Page
211
Recommended Citation
Milne, E. (2020) 'Putting the Fetus First — Legal Regulation, Motherhood, and Pregnancy', Michigan Journal of Gender & Law, 27(1), pp. 149-211. University of Michigan Law Library: Available at: https://doi.org/10.36641/mjgl.27.1.putting
