Kaohsiung court rules fetus not a person

A Kaohsiung District Court ruled Wednesday that a fetus does not qualify as a “person” under Taiwan's Criminal Code, acquitting a couple of child neglect charges for methamphetamine use during pregnancy while convicting them for harming their 1-year-old son. 

The decision underscores that legal personhood begins at birth, limiting protections to children under age 7 who have been born. According to the ruling, there was no crime against the fetus because it did not have personhood. Prosecutors had sought convictions for impeding the development of their two children.

Chen (陳) and Lin (林), Siaogang District residents, were found to have smoked methamphetamine multiple times from March 2024 until 12 hours before their second child was born on Sept. 4 that year, often with their toddler present in the same room. 

Hospital hair tests confirmed high methamphetamine levels in the 1-year-old, proving serious developmental harm from secondhand exposure. Social workers intervened after reports of neglect.  

The court sentenced Chen to one year and two months in prison, factoring in his prior drug conviction within five years that barred leniency. 

Lin received a one-year suspended sentence, four years probation, and is required to take five parenting classes. Her clean record and confession aided mitigation. Both admitted the facts during the trial.

Abortion is allowed under the 1984 Reproductive Health Act up to 24 weeks for health risks, fetal issues, or family factors, with spousal consent for married women. Taiwan's Criminal Code Article 293 limits personhood to those born alive, excluding fetuses from child neglect offenses.