Court rules a fetus is not a person in child neglect case
Posted on 2026-04-02 07:00:14
The Kaohsiung District Court has ruled that a married couple who frequently smoked methamphetamine at home during the wife's pregnancy cannot be sentenced for impeding their child's development... since the unborn fetus is not a person in the view of the Criminal Code.
The court said the father and pregnant mother was said to have frequently smoked the synthetic drug in the presence of their one year son...
The city's Social Affairs Bureau intervened after the parent's actions were reported and took hair samples from the couple's 1-year-old son for for testing... and found high concentrations of methamphetamine.
Prosecutors indicted the couple for potentially impeding the development of their first child and unborn second child.
But the court says the parents could not be found guilty for the crime with regard to their second child, as a fetus is not considered a "person" under that Criminal Code, with personhood defined as beginning at birth.
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