Born baby not considered “separate life” if still attached to the mother. It is therefore not a crime for a mother to kill her (born, alive) baby as long as they are still connected. At least in Virginia:
Investigators told WSLS the baby’s airway was blocked. They said the baby was under bedding and had been suffocated by her mother. Investigators said because the mother and baby were still connected by the umbilical cord and placenta, state law does not consider the baby to be a separate life. Therefore, the mother cannot be charged.
“In the state of Virginia as long as the umbilical cord is attached and the placenta is still in the mother, if the baby comes out alive the mother can do whatever she wants to with that baby to kill it,“ said Investigator Tracy Emerson. “She could shoot the baby, stab the baby. As long as it’s still attached to her in some form by umbilical cord or something it’s no crime in the state of Virginia.“
The Campbell County Sheriff’s Office and Commonwealth’s Attorney’s office worked unsuccessfully to get the law changed after another baby died in the county in a similar case. Emerson said they asked two delegates and one state senator to take the issue up in the General Assembly. He says the three lawmakers refused because they felt the issue was too close to the abortion issue.
Emerson said there is a double standard with the law. If someone other than the mother harms a baby still attached to the mother, that person can be charged.
Well, I guess that’s logical. My body my choice, right?
[h/t]
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