ABSTRACT
This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book considers the state interest in protecting the fetus and examines the importance of autonomy of the pregnant woman. It demonstrates the means by which the born alive rule was extended in certain states in America and looks at the potential for extension in the UK. The book also considers legal arguments against extended criminalization and argues that existing criminal, civil and family law measures together with adequate healthcare provisions offer a better solution than extended criminalization on both pragmatic and legal grounds. It provides a backdrop for the ensuing debate. The book also views in greater detail at the nature of maternal acts and omissions that can harm or kill the fetus born alive and then examines the 'born alive rule' which has enabled extension of criminalization in the USA and has potential for extension in England and Wales.
