Paternal-Fetal Conflict: An Examination of Paternal Responsibilities to the Fetus

Abstract

Virtually all of the literature regarding liability for fetal health and well-being has concentrated on female behavior. Prosecution of women for “fetal abuse or neglect” has received widespread popular press coverage. Far less attention has been paid to the role of males in contributing to the health and welfare of newborns. This paper redresses this lack of attention by reviewing the ways in which males contribute to newborn health and by examining legal doctrine to determine if the same legal challenges that have been advanced against pregnant women are applicable to males as well. Questions are raised regarding the consequences of prosecuting males for their role in contributing to fetal harm.