Should drinking alcohol during pregnancy be a crime?

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If a pregnant woman drinks heavily, knowing she's pregnant and intends to have the baby, morally that is grievous bodily harm. though any laws against it would probably be unenforceable. The availability of contraception and abortion is irrelevant - the woman can always choose to stop drinking. Unless the state is forcing her to drink, it is not responsible for FAS, the mother is. But I'm not aware of any government in the world shoving a funnel into pregnant women's mouths and pouring vodka down.
That men wear condoms is neither here nor there - unless she's raped, the woman can make condom use a condition of sex. If she's raped, it results in pregnancy and abortion is unavailable to her, she can always stop drinking. Abortion costs money? So does alcohol...

addiction is a medical issue, not a moral one.

The fetus within is not a person, so it is not grievous bodily harm to a person.

ruveyn

If she carries it to term - that is, unless there is a miscarriage or an abortion - it does result in grievous bodily harm to a person eventually.

Maybe yes, maybe no. It depends on the amount of alcohol consumed. Since the live birth of an infant cannot be assure any damages done to the fetus cannot be said to be eventual damages to a person until it is determined that the child born has been injured by the alcohol consumed. A woman cannot be punished for a wrong until a wrong is established. Actually that is true for anybody.

ruveyn

Fair enough.