Drinking alcohol while pregnant could become illegal

Consuming alcohol during pregnancy could become a criminal offence in the UK, a women’s charity has warned.

Two leading women’s charities have warned women who drink while pregnant could face prosecution

The suggestion comes in light of a six-year-old girl suffering from foetal alcohol syndrome (FAS) whose case was presented before the Court of Appeal yesterday.

The child was born with disabilities resultant of her mother’s alcohol consumption during pregnancy including growth problems, facial abnormalities and intellectual impairment, as reported by the Metro.

The legal team for the council aim to prove the child’s mother’s excessive drinking was a violent crime that deserves to be acknowledged under the government’s Criminal Injuries Compensation scheme, and if the child’s case is successful she could be awarded criminal injuries compensation.

However, two leading women’s charities the British Pregnancy Advisory Service (BPAS) and Birthrights cautioned the outcome could lead to the prosecution of women who drink during pregnancy.

“Making one particular form of behaviour during pregnancy into a criminal offence would lay the ground for criminalising a wide range of other behaviours because they may too pose a risk to the health of the baby,” said Ann Furedi, chief executive of BPAS, and Rebecca Schiller, co-chair of Birthrights.

“When we consider that the taking of necessary medication, such as treatment for epilepsy or depression, or the refusal of a caesarean section could be seen to fall into the category of maternal behaviours that may damage the foetus, the trajectory of such an approach is deeply worrying.

“We should take very seriously any legal developments which call into question pregnant women’s fundamental right to bodily autonomy and right to make their own decisions.

“Preganant women deserve support and respect not the prospect of criminal sanction for behaviour which would not be illegal for anyone else.”

Although, Neil Sugarman, of GLP solicitors, disagreed and said the case would not lead to the criminalisation of women.

“All we’re seeking to do on behalf of this child is to get the Court of Appeal to accept that [her mother’s drinking] is a criminal act for the purpose of the scheme,” he explained to the Independent. “It’s not about criminalising women.”

Since changes to the law in November 2012, the British government no longer grants compensation for FAS however the six-year-old’s plight was submitted before this date.