A British court is to rule on whether a woman committed a "crime of violence" against her child by drinking heavily during pregnancy, in a case that has raised concerns about criminalising mothers.
A local authority is applying to the government's criminal compensation authority for damages on behalf of a seven-year-old girl in its care who has severe alcohol-related disabilities.
Its lawyers have told the Court of Appeal that her mother was "reckless" in her behaviour by drinking up to half a bottle of vodka and eight cans of strong lager a day while she was pregnant.
While they do not suggest the damage was deliberate, they say she discussed her drinking with professionals and "went on to take the risk".
The case, in which a ruling is expected next week, has sparked heated debate over the dangers of alcohol and the rights of women and foetuses in a country where abortion has been legal since 1967.
While there is no suggestion of charges against the mother, women's rights groups have warned that it risks opening the door to police action against other pregnant women, as is increasingly happening in the United States.
"The case is of profound social significance," said the British Pregnancy Advisory Service and Birthrights charities.
"If the court were to interpret the law as requested by the council, it would establish a legal precedent which could be used to prosecute women who drink while pregnant."
CICA considers applications for damages involving behaviour that could constitute a crime, in this case the alleged reckless administration of a noxious substance to the foetus.
In the latest stage of the proceedings, a judge ruled in CICA's favor and said the fetus was not a person until birth and could not be a victim of crime.
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