Fetus Abuse?

Last year Pamela Rae Stewart learned that her pregnancy was complicated by a misaligned placenta. Dr. Paul Zlotnik advised her to avoid street drugs, abstain from sex and take prescribed medication. When she gave birth to a brain-dead son, Zlotnik ordered tests. Authorities in El Cajon, Calif., say the results and her own statements indicate that Stewart neglected all three instructions. The infant died on New Year's Day. Now, in a unique and controversial use of state child-support law, Stewart has been charged with a misdemeanor: willfully failing to provide necessary care for her child.

Conceding that the statute language normally applies to a child's economic well-being, Prosecutor Harry Elias argues, "This case is all about child support. It's just medical rather than financial." Stanford Professor Robert Mnookin, a specialist in family law, does not think the connection is that simple. "As social policy," he warns, "it is madness to use criminal sanctions to assure that mothers give adequate prenatal care." Defense Attorney Richard Boesen claims the loss of a son is devastating enough to Stewart and her husband. Asks he: "Are we going to prosecute mothers for smoking and drinking?"