Should Pregnant Women Who Use Drugs Be Penalized?

The use of heroin, cocaine, and other illicit drugs has become a public health concern especially during pregnancy. Maternal substance abuse has become an issue during the crack epidemic in the 1980’s; however, there is an alarm rate of infants born addicted to heroin. More than 3.7% women have indicated the uses some form of illicit drugs during their pregnancy, as well as 1.9 % reports binge drinking (Bhuvaneswar el at., 2008; Grant el at., 2009). With this in mind, more than 375,000 infants are born to maternal substance abusers each year costing over $100,000 in medical expenses covered by the state (Reitman, 2002).

Drug and alcohol addictions are illnesses that require some type of effective treatment to overcome them. I believe that women don’t intentionally expose their fetuses to drug or alcohol abuse, but if it happens, I believe the problem needs to be identified and addressed immediately because obviously there is a problem. In my opinion, I believe that women should be punished for exposing their fetuses to drug and alcohol abuse. The fetuses are innocent and shouldn’t have to suffer on the ignorance of their mother. I think that treatment should be offered and monitored frequently. If the program is not followed by the pregnant woman, then she should not be allowed the opportunity to raise the child until she has proven that she will provide a

Substance abuse during pregnancy can have a negative force on the health and wellness of not only the fetus, but that of the mother. The harmful effects of medications, alcohol and illegal drugs on an unborn child can be devastating and can have significant consequences to its use. Sometimes the effects can be faced and treated, and other times the outcome is a lifelong challenge. During the prenatal period, it is important that new mothers are informed of the different types of abuse, how they may affect the fetus, and the adverse conditions their child may be faced with before and after birth.

In 2014, after seeing a significant increase in babies born with neonatal abstinence syndrome (NAS), Tennessee began criminally charging pregnant women who use drugs (Sakuma, 2014). Supporters of the new legislation refer to it as a “velvet hammer” used to convince the pregnant drug users into going into treatment, or doing jail time. However, critics are concerned that this legislation will be just another barrier for a group of women who are already at risk, (Sakuma, 2014).

Through the years, substance misuse in the United States has turned into an industrious issue influencing numerous people. In 2008, it was assessed that 17.8 million Americans beyond 18 years old where substance subordinate. Women who use medications during pregnancy can have an enduring impact on fetal. Medications can have an impact of maternal and child wellbeing, yet there are a lot of different variables, which influence it, poor social environment, nourishment, cleanliness, and sexual abuse. Regenerative interruption connected with heroin utilization has been shown in both and women and even low dosages of opiates can impede ordinary ovarian capacity and ovulation. The harm that goes hand in hand with substance utilization comes either straightforwardly from the impact of the medication itself or from issues identified with development and/or unexpected labor. The entanglements of jumbling components clamorous way of life, poor nourishment, liquor utilization and cigarette smoking influence the appraisal of the impacts of cocaine in pregnancy. In obstetric practice, 100% of pregnant women utilizing cocaine or heroin are cigarette smokers. Cigarette smoking is presumably the most well known manifestation of substance utilizes and is noteworthy corresponding considering ladies who use unlawful medications. Babies whose moms smoked in pregnancy have a tendency to have lower conception weights and diminished length, cranial and thoracic

The use of controlled substances throughout pregnancy is a very prevalent issue among society today. Controlled substances have devastating effects on not only the mothers using the substances, but also infants while they are in utero and after they are born. Many infants born to mothers, who are abusing drugs, suffer from life threatening illnesses and are forever affected through adulthood. Specifically, heroin is a common drug form that is often used during pregnancy and results in the life threatening effects mentioned above.

Drug-addicted women are the stakeholders in this dilemma. Drug-addicted or former drug-addicted women are being pressured into thinking that controlling their fertility is the only way in which to not be considered a horrible person or bad mothers. No one should be allowed to try to persuade women to give up their reproductive rights. Just because some women choose to use drugs or alcohol does not mean that they are not responsible enough to make proper health or parenting decisions on their own, they especially do not need monetary incentives to make sound decisions. “Evidence suggests that women who use drugs do not need to be paid to limit or end their fertility” (Olsen, 2014). Preferably, programs should try to minimize the barriers that these women have to face in order to obtain information. Organizations should be non-discriminating and non judgmental towards women’s reproductive health.

While legislators believe that this policy will effectively sort out the “worst of the worst” (Gonzales & DuBois, 2014), this reporter doubts the efficiency and utility of the policy. If the aim is to force mothers into treatment, then perhaps sending them to jail is not the most effective method. Those defending the law have sent mixed messages around how it should be carried out, some describing the law as a “velvet hammer” while others employ it as a strong-arm tactic used to bust women who use narcotics (Beyerstein, 2014; Goldensohn & Levy, 2014). This, in addition to the previous legislation protecting mothers, makes it uncertain how a woman will be received when she reveals her substance use. Likewise, the chances of getting arrested

363). Kennedy (1998) further suggested that Roberts failed to explain why there was a difference between prosecuting women for fetal endangerment and helping women to heave healthy pregnancies. Roberts (1991) noted the debate of this issue has overlooked a critical aspect of government prosecution of drug addicted mothers. Roberts (1991) concludes by advocating a progressive concept of privacy that places an affirmative obligation of the government to guarantee individual rights and recognizes the connection between the rights of privacy and racial

The concern is not being placed on the woman, but rather on the result of her biological process: her “baby”, with its potential to be born “normal”, if only the circumstances of its mother are controlled to allow for the possibility of normalcy. Recently, an addicted woman in New York, who had engaged in sex work in the past was told by a family court judge “not to get pregnant again until she has gained custody of her son”. This case adds to the legitimacy to Knight’s writing and highlights the continued need for addressing addicted pregnant women (FOX News, 2017; Weed, 2017). This particular case is addressed in a very different manner by two news publications. FOX News, a conservative news source, focuses on the previous children of this woman, describing how her drug use during pregnancy lead to the children being born addicted to drugs (FOX News, 2017). CNN, a more “liberal” news sources chose to focus on how ordering someone not to have children is a violation of their human rights (Weed, 2017). Yet neither article addresses the lack of concrete help for the sake of the addicted

Tennessee passed a new law that any pregnant women who has been found using narcotics during pregnancy or if the baby is born being addicted to the drug will be arrested. Tennessee is the first state to allow this type of criminal law to go into place. Tennessee law allowed police to arrest women who used drugs when they were pregnant, but this approach never worked (Perez, 2014). Tennesee has a staggering infant mortality rate which ranks among 3rd in the nation (Sakuma, 2013). In 2013, Tennesee lawmakers actually sought to encourage mothers to get treatment under the Safe Harbor Act. The act let mothers get the help they need for the addiction, but they were promised they would not lose custody of their baby so long as they were seeking treatment (Sakuma, 2014). The new law permits moms to avoid prosecution if they can successfully complete their drug rehabilitation program (Sakuma,

In today’s society people are talking about babies being born to drugs, and how could a mother do that to their unborn child. Drug addiction is a very serious issue that needs more research. We are still learning the effects of substance abuse. One problem that needs to be looked at is are there enough Rehabilitation Centers, to help the women who are addicted to these different street drugs. Also doctor and nurses should not judge these women but instead give them the best prenatal care that can be provided. We need to see what harm and side affects it has on the mother and baby, so that we can be able to understand better how to treat these women and get them off drugs before they do harm their babies.

The question about whether pregnant women are liable for subjecting their unborn children to risk has yet to be properly addressed. One state South Carolina has been on the forefront of this issue. The Supreme Court in South Carolina in 1997 in the case Whitner vs. South Carolina decided that pregnant women who exposed their viable fetuses may be persecuted under the state child abuse laws. This action was specifically targeting women who use illegal drugs during pregnancy. Since this decision, other states like Arizona and Florida are following suit. In South Carolina, the Medical University of South Carolina Hospital routinely tested the urine of pregnant women for

The rationality of those who support the punishment of addicted mothers focus on the idea that maternal conduct could lead to potential detrimental effects upon the fetus and that prosecution of such behavior would serve as both retribution for the fetus and as a deterrent. Whereas those who advocate for the pregnant women view this rational as not only impermissible but also unconstitutional as in current legal standing the fetus has no rights that usurp those of the pregnant woman (Stone-Manista, 2009, pp.823-856). Advocates also suggests that the breadth of forces that lead to drug use in pregnant women have a prevalent cultural and social foundation that the proponents for deterrence and retribution ignore in favor of strict scrutiny. This conflict between women’s rights and fetal rights has caused a paradigm in the prosecution of pregnant drug users as the interpretation of criminal sanctions argues over the definition of ‘child’ as encompassing fetuses in the definition would then lay the foundation for punishment for a woman’s conduct during pregnancy (Stone-Magnets, 2009, pp.823-856). Though currently it is unconstitutional and legally impermissible to prosecute women with state child abuse statutes in regards to drug use during pregnancy; advocates of fetal rights continue to follow

Many women, including teens, abuse drugs while they are pregnant. This rate is especially high to those who are homeless, underprivileged, or live in a broken home. In order for drug abusers to even have a chance at beating their addiction they have to have support whether it’s family, friends, or boyfriend/spouse. They must also let the abuser now all the consequences to themselves and the unborn child. There are many consequences when using drugs during pregnancy such as miscarriage, health risks to baby, and health risks to the mother. And learning disabilities and brain damage to the fetus.