The 131st Annual Meeting (November 15-19, 2003) of APHA

Abstract #69510

Priscilla Smith, JD, Erica Smock, JD, and Bebe J. Anderson, JD. Domestic Legal Program, Center for Reproductive Rights, 120 Wall Street, 14th Floor, New York, NY 10005, 917 637 3600, psmith@reprorights.org

A physician’s treatment of pregnant women is necessarily influenced by the legal status accorded to the fetus. Recent efforts to elevate the fetus’s legal status have resulted in laws and policies designed to protect the fetus at the expense of maternal health and women’s right of reproductive choice. Treating the fetus as a legal entity separate from the pregnant woman creates the potential for an adversarial relationship between the woman’s health needs and those of her developing fetus and further confuses the issues of the health care provider’s duty to his or her patient. Women who are having children despite substance abuse problems have been a particular target in the effort to promote fetal rights. These women have been prosecuted for such non-existent crimes as "fetal" abuse and delivery of drugs through the umbilical cord. In addition, pregnant women are being civilly committed or jailed, and new mothers are losing custody of their children even when they would be capable parents. Prosecuting women for their behavior during pregnancy prevents many women from seeking prenatal care and treatment for their substance abuse problems and fails to address the overall lack of access to reproductive health care services. Policymakers, legislators, and those who purport to care about the well-being of women and their children must work to find better ways to address the needs of women with drug and alcohol abuse problems.

Learning Objectives:

At the conclusion of the session, participants will be able to
• Identify the ways maternal health can be jeopardized by laws and policies designed to protect the fetus.
• Recognize how punitive approaches to the problem of substance abuse during pregnancy threaten reproductive rights and the health of women and children.
• Apply their public health expertise in support of legislative efforts to keep maternal health as a primary focus when addressing issues involving pregnant women.

Keywords: Maternal Health, Substance Abuse

Related Web page: www.reproductiverights.org

Presenting author's disclosure statement:
Organization/institution whose products or services will be discussed: Center for Reproductive Rights
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.