NCJ Number
162154
Date Published
1990
Length
20 pages
Annotation
The legal approaches to the issue of pregnant drug abusers are examined, with emphasis on the increasing use of the criminal law and its negative consequences on pregnant women.
Abstract
Society has competing interests in the area of fetal abuse. One is the prevention of children from being born with mental and physical damage; another is the rights of privacy and bodily integrity. Advances in medical technology and research have improved understanding of the maternal/fetal relationship and the need to provide a healthy environment for the developing fetus. One approach is to enact new fetal abuse laws or to prosecute women under existing felony laws such as drug distribution instead of simple possession. These actions focus on the mother's conduct prior to the infant's birth. Another approach uses child abuse and neglect laws, which may mention drugs in the newborn as an indication of child abuse, neglect, or both. A less punitive approach involves the government taking an active interest in the education and treatment of women who use or might use toxic substances during pregnancy. Such activities would seem to be the most effective and least disruptive to family life. If our goal is to prevent fetal alcohol syndrome, drug-addicted newborns, and the transmission of other potentially toxic substances to fetuses, the government must commit resources and energy to assist women before and throughout their pregnancies. 38 references