NCJ Number
126634
Journal
ABA Journal Volume: 75 Dated: (August 1989) Pages: 14,16
Date Published
1989
Length
2 pages
Annotation
Legal cases and recent legislation in several states are focusing on several issues related to pregnant women and drug abuse, including the establishment of drug treatment programs for pregnant women and the creation of new criminal penalties for drug abuse during pregnancy.
Abstract
Pending legislation would also require hospitals to screen newborns of addicted mothers and report the results to welfare and child-abuse agencies. The legislation has resulted from awareness that large numbers of newborns were exposed to harmful drugs in the womb. However, many drug treatment programs exclude pregnant women. In addition, using existing criminal statutes to prosecute mothers for injuring their fetuses raises constitutional questions in view of the various abortion and privacy rulings by the United States Supreme Court. Furthermore, opponents of criminal prosecutions argue that the threat of criminal penalties may cause pregnant drug users to avoid health care or choose abortions. Court attitudes vary regarding civil litigation related to drug use during pregnancy, as one court in 1980 allowed a lawsuit by a son against his mother and another recently denied a similar cause of action.