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May 7, 2022
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Can I go to jail if I fake a pregnancy or childbirth?

Can I go to jail if I fake a pregnancy or childbirth?

Be careful lying. If you or someone you know fakes a pregnancy or childbirth, you may face serious legal consequences.

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According to article 144 of the Penal Code, women who “cheat” or “appear” to be pregnant or giving birth can be punished “with a custodial sentence of not less than one nor more than five years.”

This crime is constituted, according to the norm, if the citizen deliberately lies to “give an alleged child rights that do not correspond to him.”

As detailed by the criminal lawyer Jorge Zúñiga, “the woman must not only pretend that she is pregnant but, in addition, must be oriented so that the child she is expecting is benefited with some type of right that would not correspond to her.”

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“This is the case of the woman who says ‘I’m pregnant with A’ so that he gives her a right of succession, registers her with social security, pays her alimony, etc.; for that purpose”, she specifies.

Zúñiga emphasizes that “the woman must not only pretend that she is pregnant but, in addition, she must be oriented so that the child she is expecting is benefited with some type of right that would not correspond to her.” (PHOTO: courtesy)

In dialogue with Correo, the specialist also highlights that “faking a pregnancy in itself, depending on the context, could enter into another crime called material falsehood.”

“This is basically about lying about anything that has a detrimental effect (on another individual) financially,” he adds.

Doctors or obstetricians involved will also face legal consequences

On the other hand, the regulations also cover doctors or obstetricians who are involved in this type of situation.

For them, a period of imprisonment similar to that granted to the author of the deception corresponds and, in addition, the “disqualification of one to three years” in their medical practice according to the “Artí. 36 subsection 4″. of the Penal Code.

“Crime against Civil Status. The woman who deceives, pretends, fakes pregnancy or childbirth, to give an alleged child rights that do not correspond to him, will be punished with imprisonment of not less than one nor more than five years. Art. 144. Penal Code. The same custodial sentence and, in addition, disqualification from one to three years, will be applied to the doctor or obstetrician who cooperates in the execution of the crime. Arti. 36 item 4, the law refers.

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