Inheriting Your Mother's Eyes, Hair, and Drug Addiction: Protecting The Drug‐Exposed Newborn By Criminalizing Pregnant Drug USE

Abstract

Despite the absence of statutory criminalization of drug use during pregnancy in the majority of states, states are increasingly recognizing that drug abuse is a massive economic and social problem. Tennessee is the first state to implement a statute that specifically addresses the issue of pregnant drug users by criminalizing those whose use harms their child. Because drug abuse may involve addiction in many cases, the statute provides a defense to those who take reasonable steps to seek help and get clean before the child is born. This Note examines the criminal aspect and impact of drug use during pregnancy and proposes that each state adopt the Tennessee statue, while ensuring pregnant mothers access to drug treatment and assessment through drug courts. Drug use is illegal and drug use during pregnancy should be criminalized as well. Key Points for the Family Court Community: The impact of drug abuse during pregnancy causes unhealthy babies, which creates a financial and social burden on the state. Drug use during pregnancy is associated with many risks including mortality, low birth weight, and Neonatal Abstinence Syndrome. The goal of incentivizing healthy births can be achieved through a specific statute criminalizing drug use during pregnancy. The Tennessee statute provides an affirmative defense for mothers who are actively enrolled in an addiction recovery program before the child is born and successfully complete the program. While still approaching addiction as a disease, this methodology will incentivize pregnant drug users to seek help before birthing an unhealthy child.