FETICIDE
FETICIDE is an act that causes the death of a fetus. In a legal context, "fetal homicide" refers to the deliberate or incidental killing of a fetus due to a criminal human act, such as a punch or kick to the abdomen of a pregnant woman. As a medical term, feticide is destruction of a fetus, for example as the first phase of a legal induced abortion . Feticide does not refer to the death of a fetus from entirely natural causes, or through the spontaneous abortion of a pregnancy where the life of the fetus could not be maintained artificially ex utero.
Fetal homicide
Fetal homicide is punishable as a crime in many jurisdictions. For example, in India, the term feticide is used to refer to the widely condemned practice of killing female fetuses in an effort to secure male offspring while not having too many children.
Laws in the United States
In the U.S., most crimes of violence are covered by state law, not federal law. Thirty-five (35) states currently recognize the "unborn child" (the term usually used) or fetus as a homicide victim, and 25 of those states apply this principle throughout the period of pre-natal development. These laws do not apply to legal induced abortions. Federal and state courts have consistently held that these laws do not contradict the U.S. Supreme Court's rulings on abortion.
In 2004, Congress enacted and President Bush signed the Unborn Victims of Violence Act, which recognizes the "child in utero" as a legal victim if he or she is injured or killed during the commission of any of 68 existing federal crimes of violence. These crimes include some acts that are federal crimes no matter where they occur (e.g., certain acts of terrorism), crimes in federal jurisdictions, crimes within the military system, crimes involving certain federal officials, and other special cases. The law defines "child in utero" as "a member of the species homo sapiens, at any stage of development, who is carried in the womb."
Of the 35 states that recognize fetal homicide, 25 apply the principle throughout the period of pre-natal development, while 10 establish protection at some later stage, which varies from state to state. For example, California treats the killing of a fetus as homicide, but does not treat the killing of an embryo (prior to approximately eight weeks) as homicide, by construction of the California Supreme Court. Some other states do not consider the killing of a fetus to be homicide until the fetus has reached quickening or viability.
Unlawful abortion may be considered "feticide", even if the pregnant woman consents to the abortion.