Alcohol consumption during pregnancy is a problem that occurs in a third of pregnant women. This can result in a number of abnormalities in the child, including ALPSD syndrome, which causes developmental disorders that affect the child's entire life. So is the introduction of criminal liability for pregnant women a good solution? Regardless of the answer to this question, it is necessary to raise awareness among parents-to-be.
According to statistics, one in three women in their reproductive years (aged between 18 and 40) has consumed alcohol during pregnancy. The most commonly consumed alcohol during pregnancy is spirits such as beer (45%), wine (42%) and vodka, although to a much lesser extent (8%). What's more, as many as 69% of women who drink during pregnancy say that they were not forced or persuaded to do so by anyone. Another conclusion that emerges from the statistics, which from an educational point of view is a very serious problem, is that almost two thirds of pregnant women who drink during pregnancy say that they were not informed by anyone about the negative effects of alcohol consumption during pregnancy on the baby and the consequences it can have [1]. In such a situation, would it be reasonable to amend the provisions of the Criminal Code in relation to pregnant women who consume alcohol, talking about criminal liability for this type of behaviour?
ALPSD
The greatest risk of alcohol adversely affecting the development of the child is up to the 8th week of pregnancy. This is when there is a high probability that the baby will develop ALPSD - fetal alcohol spectrum disorder [2].
The occurrence of ALPSD is determined by a number of factors, such as the frequency of drinking, the amount of alcohol consumed or the stage of fetal development. Genetic factors or the mother's general health are also important.
The most common abnormalities encountered in the context of a child with ALPSD are primarily psychomotor retardation, impaired intellectual functioning and a syndrome of certain minor facial anomalies or abnormalities of limb and heart structure [3].
Legal restrictions
In the current legal reality, the conceived child is not protected. So is it right to extend legal protection to the conceived child? This question of whether it is legitimate to introduce criminal liability arising from an action directed against the health and life of the conceived child is best answered by each individual [2].
Education
Regardless of which way action on criminal strictures is directed, above all it is necessary to educate society - not only pregnant women, not only women, but also men.
The medically proven facts about alcohol-related damage to the unborn child's nervous system and the disease entities that can develop from it are knowledge that potential parents should have [2].