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- <text id=89TT1320>
- <title>
- May 22, 1989: Here Come The Pregnancy Police
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1989
- May 22, 1989 Politics, Panama-Style
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 104
- Here Come the Pregnancy Police
- </hdr><body>
- <p>Mothers of drug-exposed infants face legal punishment
- </p>
- <p> Bianca Green was born in February suffering from severe
- oxygen deprivation, and died two days later. Hospital
- authorities in Rockford, Ill., soon found signs of what they
- believed was the cause of death: cocaine in the baby's urine,
- as well as in the bloodstream of her 24-year-old mother Melanie.
- Last week local law-enforcement officials arrested Melanie Green
- and charged her with involuntary manslaughter and supplying
- drugs to a minor.
- </p>
- <p> Such actions are becoming increasingly common in the U.S.
- With the rising number of babies exposed to drugs before birth,
- prosecutors around the country are seeking to punish women who
- harm their fetuses by taking illegal substances. Examples:
- </p>
- <p> When Casandra Gethers of Hollywood, Fla., gave birth to her
- second cocaine-addicted infant, she was arrested in February
- and charged with child abuse. Her baby was placed in foster
- care.
- </p>
- <p> Arrested for forging $800 worth of checks last year, Brenda
- Vaughan of Washington was given a drug test that revealed
- cocaine use. Since she was a first-time offender and a
- mother-to-be, a lenient prosecutor merely recommended probation.
- Instead, the judge sent Vaughan to jail for nearly four months
- in order to protect the fetus. The baby was born healthy.
- </p>
- <p> Pamela Rae Stewart spent a week in a San Diego jail in 1986
- on charges that she had failed to provide for her baby by
- defying her doctor's advice to stop using street drugs during
- pregnancy. Stewart's child was born brain damaged and died six
- weeks later. The charges were eventually dropped.
- </p>
- <p> Advocates of legal intervention point to the tragic
- consequences of drug taking during pregnancy. Experts estimate
- that 375,000 newborns a year have been exposed to illegal
- drugs, frequently cocaine. Cocaine babies, as they are called,
- are more likely to be born prematurely or to die before birth.
- They tend to be abnormally small and face an increased risk of
- deformities or crib death. Moreover, there are strong
- indications that all these babies suffer some form of
- neurological damage. Says Darron Castiglione, supervisor of the
- child-abuse division of the Hollywood, Fla., police department:
- "These infants don't have a chance in life. They will never be
- right, never be whole people, through no fault of their own.
- These babies can only blame the mother."
- </p>
- <p> That approach, however, has raised the ire of many legal
- experts and women's rights groups. "These cases are attacks on
- women," says Lynn Paltrow of the A.C.L.U.'s Reproductive
- Freedom Project. "If states pass laws that make maternal
- behavior a crime against the fetus, and if the state can create
- prenatal police patrols for cocaine use, then where would they
- draw the line?" Opponents note that alcohol use, smoking and
- other kinds of maternal conduct have also been shown to damage
- fetuses. Says Paltrow: "For some women, standing on their feet
- all day is harmful. Will they arrest them too?"
- </p>
- <p> There is an additional concern among foes of legal
- intervention. They fear that the real goal in these cases may
- be an unspoken one: an end run around the U.S. Supreme Court's
- landmark abortion case, Roe v. Wade. That 1973 decision found
- that the rights of the mother, rather than the fetus, are
- primary. Says Leslie Harris of the A.C.L.U.: "Those who want to
- rush in and criminalize the behavior of women are pushing a
- different agenda than prenatal care. If they can persuade the
- courts that a woman who chooses to carry a child to term has
- obvious legal obligations, how could she at the same time have
- the right to abort the fetus?"
- </p>
- <p> One fact that is not in dispute is the desperate lack of
- medical facilities to help pregnant women with drug problems.
- In California, for example, there are only five full-time
- drug-treatment programs that accept pregnant women, and waiting
- lists are up to six months long. Some doctors are concerned
- that by threatening to prosecute pregnant drug users, officials
- will end up driving away even those women who could be assisted.
- "This sends a clear message to the women most in need of
- prenatal health, that it is dangerous for them to get help,"
- says Dr. Ira Chasnoff, president of the National Association for
- Perinatal Addiction Research and Education. "It's a punitive
- approach that is being taken out of frustration by the legal and
- medical communities."
- </p>
- <p> Nonetheless, there seems to be substantial public support
- for the notion that a woman should be held accountable for her
- actions during pregnancy. A Gallup poll conducted for
- Hippocrates magazine last year found that 48% of those who
- responded agreed that a woman who smokes or drinks during
- pregnancy should be legally liable for damage to her infant.
- </p>
- <p> With no end in sight for the current epidemic of drug use,
- it appears that pregnant women will increasingly be held
- accountable for behavior that jeopardizes their babies' health.
- "These cases are really mounting," says Harvard law professor
- Kathleen Sullivan, "and prosecutors are going to go wild until
- the courts stop them." Despite criticism of his actions,
- Winnebago County state's attorney Paul Logli, who is prosecuting
- the manslaughter and drug charges against Green, stands by his
- policy. Says he: "This is not a fetal-rights case or a
- pro-choice case or a pro-life case. We're dealing with a child
- who was born and lived two days."
- </p>
-
- </body></article>
- </text>
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