Fetal Abuse
Is fetal abuse a social problem? Studies conducted on the effects of substances such as alcohol, marijuana, cocaine, heroine, and nicotine on the unborn child. Cites several case studies and recommends solutions for the problem.
Fetal Abuse is a social problem that has caused heated debate for the past two decades. Since 1985, many studies have been conducted on the effects of substances such as alcohol, marijuana, cocaine, heroine, and nicotine on the unborn child. This marked the beginning of fetal abuse’s transformation from a social issue to a social problem. After these studies were conducted, the results found were very concerning to society. Negative effects were found in children born to mothers using the substances, effects that are permanent, including physical deformities and mental impairment.
An example of the negative effects of substance abusing pregnant women can be seen in the phenomena of Fetal Alcohol Syndrome, and the related, less severe, Fetal Alcohol Effects. A woman puts her child at risk for developing many problems when she consumes alcohol during pregnancy. These problems include: low birth weight, irregularly small head size, clubfoot, facial deformities, mental retardation, learning disabilities, behavioral problems, and problems with the liver, kidneys, heart, and joints.
Infants who are born to drug addicted mothers are often faced with going through withdrawal from their mother’s drug of choice. The symptoms of withdrawal that an infant may experience include: hyperactivity, sleeping and eating problems, fussiness, breathing problems, vomiting, diarrhea, and convulsions. Long-term development is also at risk of being affected in infants whose mothers’ used drugs while pregnant.
The effects that were found in the studies done on infants and children who were exposed to these various substances shocked and alarmed society. Political leaders, community organizations, and religious associations all began to express their opinions on the subject. This is were the claims-making process began. People felt that the babies that were being born to these mothers were subjected involuntarily to these dangerous substances and through no choice of their own they were made to endure the long-term consequences. As society began to recognize the problems brought about by substance abusing pregnant women what was once a social issue became defined as a social problem. These pregnant women were creating a problem that would effect American communities socially, politically, and economically.
Socially, the problem impacts both the mother and the child. The stereotypes that exist are that drug abuse is predominantly a problem effecting the lower class. The mothers who are unable to afford prenatal care and substance abuse treatment are seen as a burden to society. Economically, the burden is placed on society when a child is born to a drug addicted mother. Long-term medical care of these children is often related to increased health-care costs. Often, when mothers are deemed unfit to care for their child, the government is the party that absorbs the costs of the child’s care. Then there is the political debate regarding the rights of a fetus that this problem has brought to society’s attention. Many people feel that the fetus is separate from the mother and deserves special protection against the actions of the pregnant mother. Other’s feel that the fetus is not separate and can only been seen as such when it is viable and able to live outside of the womb. These people feel that any laws creating fetal rights would be an infringement on the rights of the pregnant woman. They feel that society has no right to define acceptable behavior for pregnant women and any law put in place in order to do so would ultimately end up overturning the Rowe vs. Wade decision and denying women the right to choose.
Currently there has not been one state that has put any laws in place that criminalize a woman’s conduct during her pregnancy. However, in thirty states women have been prosecuted for using drugs while pregnant, under statutes that prohibit child abuse and neglect. The only state that has criminal child abuse laws regarding the fetus is South Carolina. This is seen as a response to the rise of “crack” use in the early eighties. An example of this is seen in the court case Whitner vs. South Carolina. Cornelia Whitner was arrested and charged with “endangering the life of an unborn child” because of her crack use during pregnancy. In her trial, Whitner pleaded guilty to child neglect and was sentenced to an eight-year prison term. Whitner appealed to the Supreme Court but they refused to hear the case and the sentence was upheld. Apparently, the Supreme Court was not ready to address the issue of whether or not a fetus is entitled to protection rights. Another issue avoided by the Supreme Court when they refused to hear the Whitner appeal was whether or not women using drugs during pregnancy should be punished criminally.
While there are approximately seventeen states that have civil laws that allow a child to be taken away from a drug using mother, fetal abuse as a crime is rarely seen in law books across the United States. In Pennsylvania, in the Commonwealth vs. Kemp case, charges of endangering the welfare of a child were dismissed because the court ruled that the fetus could not be viewed as either a “person” or a “child.”
Another interesting example can be seen in the story of Sally DeJesus. Sally was a heavy cocaine user who had decided to become clean and sober when she was pregnant with her third child. In her ninth month of pregnancy, Sally had an incident were she slipped and used the drug again. She reported this to her mid wife and asked for help. In turn, the mid wife reported this to the hospital where Sally gave birth to her baby and the hospital conducted a drug test on the infant without Sally’s knowledge. The hospital called the police when the baby tested positive for traces of cocaine. Sally is now awaiting a trial to see if she will be found guilty of criminal child abuse which could result in a sentence of jail time.
This story brings up the question of whether or not criminal action against drug abusing mothers is a good deterrent or simply a reason why these women do not try to seek help. For many women who are addicted to alcohol or drugs, they are not purposely trying to harm their unborn child. They feel that they are unable to ask for help for fear that it will lead to criminal prosecution. If these women were able to receive help in overcoming their addictions it would greatly reduce the occurrence of Fetal Abuse. This raises the question of whether or not deterrent theory should be used in the Fetal Abuse problem. What good does locking a mother up or taking away her child ultimately lead to? Many people, including myself, feel that no good at all comes from these actions. We are left with women who still have substance abuse problems and children without their biological mothers in their life. How is this a good solution to the problem? The other negative factor in using deterrence in this case is that in many situations it simply causes women to hide the problem and avoid seeking prenatal care. Sally would have most likely never told the mid wife about her slip if she knew what consequences it was going to have. While it makes sense to many people to make “examples” out of women like Sally, I just don’t understand what good it does. Women who have these addictions often have them way before becoming pregnant. So why is it that we want to punish them when they are in need of help more than ever? It seems to me that punishment is less of a deterrent to the actual substance abuse and more of a reason to hide that it is going on. This is one ethical dilemma that arose for me while I was researching the topic for this paper.
It is generally agreed that a woman’s actions during pregnancy have an effect on the fetus. It has been documented that using drugs, drinking alcohol, and smoking while pregnant has detrimental effects on the fetus. Why then do we see the continued problem of fetal abuse occurring? I believe it is the severe lack of help to addicted women that is available and the lack of education for pregnant women on these effects. It is a fact that these women are endangering the lives’ of their unborn children. However, this should not make them subject to criminal prosecution. Instead, these women should be encouraged to seek help for their addictions. The importance of prenatal care should be addressed and women should not be afraid to seek this care because they have an addiction problem. When a pregnant woman is found to have an addiction problem rather than threatening her with criminal punishment, help in the form of treatment and education should be made available. Testing babies born to drug addicted mothers is not a solution to this problem, realizing the problem exists after-the-fact is little help to the mother or the child. We need to make substance abuse treatment of pregnant women a main priority. If this were the case, we would be faced with the problem of having children taken away from mothers and what to do with these children, far less often. A support system needs to be implemented for these women. This would include clinics with an open door policy for pregnant women and group therapy so that these women know that they are not alone in dealing with this problem. Also education of these women is key and I feel that it would be more of a deterrent than criminal punishment. When a pregnant woman has a drug problem she may not be thinking of or even aware of the effects that the drugs can have on her baby. Once the woman is taught the adverse effects that could in many cases be long-term she would be far more motivated to seek treatment for her problem. I do not feel that women should be jailed because of their drug use during pregnancy, however women who have serious drug problems and are resistant to getting help while pregnant should in my opinion be able to be admitted for treatment, even if it has to be involuntarily.
Then there are the women who smoke while they are pregnant. This topic is addressed far less than it should be. It has been proven that women who smoke often have babies with low birth weights and that are at a higher risk for developing asthma and respiratory infections that could lead to life long problems. Simple warnings printed on the side of a pack of cigarettes do not seem to be effective deterrents to me. Nicotine addiction is classified as a disorder in the DSM. It’s effects on the fetus are proven. Why then are we not making more serious attempts at educating society on the dangers of smoking while pregnant. I feel that this could be done by running awareness commercials during prime time television viewing hours. Another way to increase a pregnant woman’s awareness of the problem is to have pamphlets printed up and placed in popular baby stores such as “Babies R Us” or “The Children’s Place.” These pamphlets should also be given to women by their health care providers. When it is known that a pregnant woman is a smoker, the health care provider should be able to refer her to a class held by the hospital to educate women on smoking’s dangerous effects. It is my belief that in any type of drug use regarding pregnant women if we increase awareness and the availability of help we will see a decrease in the problem.