The Moral and Legal Relevance of DOHaD Effects for Pregnant Mothers

This essay considers moral and legal arguments concerning mothers who intentionally or negligently harm their fetuses. It focuses on some potentially problematic implications of developmental origins of health and disease (DOHaD) theories. While the legal case for criminalizing women appears weak, it seems that sound arguments can be constructed for treating harm to fetuses as prima facie morally wrong, at least when prenatal conditions increase the exposure to health risk of future adult persons. These arguments are independent of recognizing any moral or juridical status to the fetus, since they are grounded in the future interests and rights of future persons.