A 39-year-old woman from Rijsbergen has appeared in court on charges of attempting to harm her baby by consuming alcohol and using drugs during her pregnancy, according to Omroep Brabant.
Prosecutors revealed that the woman used drugs in the final five months of her pregnancy and avoided contact with authorities, including the regional health board. Her three other children are currently in foster care.
“This is the first time we have pursued legal action against a mother in such circumstances,” the prosecutor stated during Friday’s preliminary hearing. The baby, born three months ago, is reported to be healthy.
In addition to alcohol, the woman frequently used the party drug GHB and the synthetic drug flakka, which is inhaled through a pipe. She also has a troubled relationship with the baby’s father, described by the court as toxic.
The main trial is scheduled for November. In the meantime, the court has ordered that the woman and her baby be released from prison and relocated to a new safe house. She has been instructed to cooperate with social services and cease all drug and alcohol use.
Child protection services have endorsed the decision to prosecute, according to NOS. Spokeswoman Bianca Poldervaart stated, “This prosecution may help other mothers realize that such actions are illegal. Most importantly, it allows us to provide support to this mother.”
When there are concerns about the safety of an unborn child, social services can request court supervision, a measure taken approximately 300 times annually. Despite having a social worker, the woman continued her drug use, NOS reported.
Leiden youth law professor Mariëlle Bruning acknowledged the prosecutor’s perspective but noted that a conviction could face legal challenges. “There is no current legal framework for this,” she explained. “Lawyers will need to extend legal definitions to unborn children and address whether they are considered human under the law.”
