The six year old was born with Foetal Alcohol Syndrome which can cause retarded growth, facial abnormalities and intellectual impairment.

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If the court agrees that the woman committed a crime, then this could be the start of expectant women’s behaviour being criminalised, according to charity Birthrights.

And while many back the idea, experts say this could be a slippery slope into criminalising all kinds of behaviour deemed ‘dangerous’ for an unborn child.

‘The refusal of a caesarean section could be seen to fall into the category of maternal behaviours that may damage the foetus,’ explained Rebecca Schiller, from Birthrights.

‘We should take very seriously any legal developments which call into question pregnant women’s fundamental right to bodily autonomy and to make their own decisions.’

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‘Pregnant women deserve support and respect, not the prospect of criminal sanction for behaviour which would not be illegal for anyone else.’

In January, lawyers campaigning for compensation for a six year old girl, damaged due to her mother’s drinking, lost their case in court, after it ruled:

‘If (the girl) was not a person while her mother was engaging in the relevant actions then…as a matter of law, her mother could not have committed a criminal offence.’

They are taking their case to the Court of Appeal on Friday.