ABSTRACT

Under common law, a crime resulting in the death of a fetus that was viable but not “born alive” was viewed as a transgression less serious than murder. Accordingly, courts did not allow parents to bring wrongful death suits for the death of a fetus. In the past decade, however, several states have amended their criminal or civil statutes to include the specific crime of “feticide” or “fetal homicide,” and the Federal government is considering similar legislation. This paper examines 206the history and current status of criminal and civil law regarding the third-party killing of a fetus. [Article copies available for a fee from The Haworth Document Delivery Service: 1-800-HAWORTH. E-mail address: <docdelivery@haworthpress.com> Website: <https://www.HaworthPress.com> © 2003 by The Haworth Press, Inc. All rights reserved.]