**Is that considered a crime?** [Tag:england-and-wales] **NO**, not if the baby lives The leading case is [CP (A Child) v First-Tier Tribunal (Criminal Injuries Compensation) [2014] EWCA Civ 1554](https://www.casemine.com/judgement/uk/5b46f1f72c94e0775e7ef245) in which compensation was sought for a child on the basis that the mother's drinking was an offence under [section 23](https://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/23?timeline=false) Offences Against the Person Act 1861: > Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by **any other person** any poison or other destructive or noxious thing, so as thereby to endanger the life of **such person**, or so as thereby to inflict upon **such person** any grievous bodily harm, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding ten years. However, the Court of Appeal found that a feotus is not a "person" within the meaning of section 23 so this offence is not committed in these circumstances. The publisher [Family Law](https://www.familylaw.co.uk/news_and_comment/cp-a-child-v-first-tier-tribunal-criminal-injuries-compensation-2014-ewca-civ-1554) offers this detailed summary: > The child was born with foetal alcohol spectrum disorder as a consequence of the mother’s excessive drinking during pregnancy. An application for compensation was made to the Criminal Injuries Compensation Authority. The application was rejected on the grounds that the child had not sustained an injury directly attributable to a crime of violence within the terms of the Criminal Injuries Compensation Scheme 2008 [*CICA*<sup>1</sup>]. > > ... > **YES, MAYBE** if the baby dies as a result. I cannot find and caselaw for a mother being liable for her baby's death in this way, but in a related case, the [Attorney General's Reference (No 3 of 1994)([1997] 3 All ER 936](https://www.casemine.com/judgement/uk/5b46f1ed2c94e0775e7ee311/amp), as well making it clear that a foetus was not to be regarded as another person, injuries to one in the womb that causes death following a live birth would be manslaughter - the offender in this case stabbed the mother which injured her feotus who died soon after birth. -------------------- <sup>1</sup><sub>The Criminal Injuries Compensation Authority (CICA), is a government funded organisation that was created to provide compensation for blameless victims of violent crime. A conviction is not necessary, just enough evidence to meet the criteria for compensation.</sub>