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IN RE BABY BOY BLACKSHEAR

No. 99-1890.

90 Ohio St.3d 197 (2000)

IN RE BABY BOY BLACKSHEAR.

Supreme Court of Ohio.

Decided October 25, 2000.

Attorney(s) appearing for the Case

Paula M. Sawyers, for appellee.

J. Dean Carro, for appellant.

Wolman, Genshaft & Gellman and Susan Gellman; National Advocates for Pregnant Women/Women's Law Project, Lynn Paltrow, Susan Frietsche and David S. Cohen, urging reversal for amici curiae, American Public Health Association, American Academy on Physician and Patient, American Nurses Association, Center for Women Policy Studies, Common Sense for Drug Policy, Division of Public Health and Policy Research of Montefiore Medical Center/Albert Einstein College of Medicine, Drug Policy Foundation, Family Watch, Institute for Health and Recovery, Legal Action Center, Legal Services for Prisoners With Children, Lindesmith Center, National Abortion and Reproductive Rights Action League of Ohio, National Association of Alcoholism and Drug Abuse Counselors, Inc., National Center for Youth Law, National Council on Alcoholism and Drug Dependence, Inc., National Women's Health Network, NOW Legal Defense and Education Fund, Preterm, South Carolina Nurses Association, Women in Need, Inc., and Women's Re-Entry Resource Network.

DOUGLAS, J.

Kimbrough presents us with a single proposition of law asking us to find that "[i]n enacting R.C. 2151.031, the Ohio General Assembly intended to exclude an unborn fetus from its definition of `child.'" The trial court herein apparently permitted Kimbrough to frame the issue in this way because in response to Kimbrough's arguments, the trial court held that "[c]onsequently an unborn fetus is a `child' under R.C. 2151.031." While the court of appeals, in...

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