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Yes or no, depending. The question is investigated in "The Status of Pregnant Women and Fetuses in US Criminal Law" (JAMA), which collects 23 opinion in US jurisdiction. In Reinesto v. Superior Court, 182 Ariz. 190 where the court ruled that the state cannot prosecute for child abuse a woman who uses heroin during pregnancy and thereafter gives birth to a heroin-addicted child. However, in Whitner v South Carolina, 492 SE 2d 777 the court did find the mother criminally liable for child abuse, based on prenatal drug use. The South Carolina case is the sole example of that type, in the study (published 2003).

Charges range from child endangerment/abuse, illegal drug delivery to a minor, or fetal murder/manslaughter. The general finding is that since a fetus is not legally deemed to be a person (in those jurisdictions, at that time), where was no "child abuse". South Carolina, on the other hand, reasoned (hare, here and in prior cases), that

We have no difficulty in concluding that a fetus having reached that period of prenatal maturity where it is capable of independent life apart from its mother is a person.

A different study ("Criminal Charges for Child Harm from Substance Use in Pregnancy", JAAPL) includingwhich included cases up to 2015, found a slightly different distribution but generally concludes that courts do not consider maternal drug use to be a legal question. That article also cites a web page which at the time is purported to say that 18 states allow civil child abuse proceedings.

In Chenault v. Huie (Texas), the court found that

Texas does not recognize a cause of action in tort for injuries to a child that result from the mother's negligent or grossly negligent conduct while she was pregnant with the child

but according to the more current Guttmacher Institute study, about half of the states have such a civil cause of action.

Yes or no, depending. The question is investigated in "The Status of Pregnant Women and Fetuses in US Criminal Law" (JAMA), which collects 23 opinion in US jurisdiction. In Reinesto v. Superior Court, 182 Ariz. 190 where the court ruled that the state cannot prosecute for child abuse a woman who uses heroin during pregnancy and thereafter gives birth to a heroin-addicted child. However, in Whitner v South Carolina, 492 SE 2d 777 the court did find the mother criminally liable for child abuse, based on prenatal drug use. The South Carolina case is the sole example of that type, in the study (published 2003).

Charges range from child endangerment/abuse, illegal drug delivery to a minor, or fetal murder/manslaughter. The general finding is that since a fetus is not legally deemed to be a person (in those jurisdictions, at that time), where was no "child abuse". South Carolina, on the other hand, reasoned (hare and in prior cases) that

We have no difficulty in concluding that a fetus having reached that period of prenatal maturity where it is capable of independent life apart from its mother is a person.

A different study ("Criminal Charges for Child Harm from Substance Use in Pregnancy", JAAPL) including cases up to 2015 found a slightly different distribution but generally concludes that courts do not consider maternal drug use to be a legal question. That article also cites a web page which at the time is purported to say that 18 states allow civil child abuse proceedings.

In Chenault v. Huie (Texas), the court found that

Texas does not recognize a cause of action in tort for injuries to a child that result from the mother's negligent or grossly negligent conduct while she was pregnant with the child

but according to the more current Guttmacher Institute study, about half of the states have such a civil cause of action.

Yes or no, depending. The question is investigated in "The Status of Pregnant Women and Fetuses in US Criminal Law" (JAMA), which collects 23 opinion in US jurisdiction. In Reinesto v. Superior Court, 182 Ariz. 190 where the court ruled that the state cannot prosecute for child abuse a woman who uses heroin during pregnancy and thereafter gives birth to a heroin-addicted child. However, in Whitner v South Carolina, 492 SE 2d 777 the court did find the mother criminally liable for child abuse, based on prenatal drug use. The South Carolina case is the sole example of that type, in the study (published 2003).

Charges range from child endangerment/abuse, illegal drug delivery to a minor, or fetal murder/manslaughter. The general finding is that since a fetus is not legally deemed to be a person (in those jurisdictions, at that time), where was no "child abuse". South Carolina, on the other hand, reasoned, here and in prior cases, that

We have no difficulty in concluding that a fetus having reached that period of prenatal maturity where it is capable of independent life apart from its mother is a person.

A different study ("Criminal Charges for Child Harm from Substance Use in Pregnancy", JAAPL) which included cases up to 2015, found a slightly different distribution but generally concludes that courts do not consider maternal drug use to be a legal question. That article also cites a web page which at the time is purported to say that 18 states allow civil child abuse proceedings.

In Chenault v. Huie (Texas), the court found that

Texas does not recognize a cause of action in tort for injuries to a child that result from the mother's negligent or grossly negligent conduct while she was pregnant with the child

but according to the more current Guttmacher Institute study, about half of the states have such a civil cause of action.

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Yes or no, depending. The question is investigated in "The Status of Pregnant Women and Fetuses in US Criminal Law" (JAMA), which collects 23 opinion in US jurisdiction. In Reinesto v. Superior Court, 182 Ariz. 190 where the court ruled that the state cannot prosecute for child abuse a woman who uses heroin during pregnancy and thereafter gives birth to a heroin-addicted child. However, in Whitner v South Carolina, 492 SE 2d 777 the court did find the mother criminally liable for child abuse, based on prenatal drug use. The South Carolina case is the sole example of that type, in the study (published 2003).

Charges range from child endangerment/abuse, illegal drug delivery to a minor, or fetal murder/manslaughter. The general finding is that since a fetus is not legally deemed to be a person (in those jurisdictions, at that time), where was no "child abuse". South Carolina, on the other hand, reasoned (hare and in prior cases) that

We have no difficulty in concluding that a fetus having reached that period of prenatal maturity where it is capable of independent life apart from its mother is a person.

A different study ("Criminal Charges for Child Harm from Substance Use in Pregnancy", JAAPL) including cases up to 2015 found a slightly different distribution but generally concludes that courts do not consider maternal drug use to be a legal question. That article also cites a web page which at the time is purported to say that 18 states allow civil child abuse proceedings.

In Chenault v. Huie (Texas), the court found that

Texas does not recognize a cause of action in tort for injuries to a child that result from the mother's negligent or grossly negligent conduct while she was pregnant with the child

but according to the more current Guttmacher Institute study, about half of the states have such a civil cause of action.