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Re: Should women have a right to brain-damage their fetuses (e.g. with substances)?
In NY, it's the same - if she wants an abortion and does not intend to carry the child to term, she doesn't have to make an effort to avoid the most risky behaviors, but if she clearly intends to carry the child to term, she is expected by law to stop illegal drug use and excessive alcohol use.
The government doesn't take this tack if she's a smoker, in fact, as that ordinarily can have an effect only on birth weight, and no one can fault her if she has an occasional single glass of wine now, because new research has indicated that such moderate drinking cannot be claimed to put the embryo/fetus at significant risk for fetal alcohol syndrome any more.
Even though I understand the sentiment behind stressing the liberty of the woman, my view is that she has the liberty to decide whether or not to carry the child to term, and that is the important part. If she decides to carry to term, she has an obligation to the future born child to minimize the worst risks to its future health. But of course, I would also like to see an exception after viability allowing abortion in cases of serious fetal anomaly or severe disability, too, as the Euro countries with 20 week bans have, because some women feel they have an obligation not to impose such a body on a future child.
My mother was on Medicaid in Michigan when she was pregnant with my brother. During a UA at one visit she tested positive for marijuana and meth. She was told to cease her drug use immediately and advised that if she continued, particularly with the meth or other "hard" drugs, she would be considered guilty of child abuse against the then-6-month-gestated fetus. When she failed the next UA they put her in the hospital and blocked her access to the drugs. All visitors were screened.
Had she wanted to keep the baby it was pretty much guaranteed at that point that she would have been dealing with CPS/FPS and likely would not have been allowed to take the baby home immediately after birth. Because she was giving the baby up for adoption the state gave her a choice: therapy/rehab or jail time. She offered them a third option: She'd be sterilized if they dropped the charges. They agreed.
In answer to the question in the OP: If a woman has made it clear she intends to carry the child to term, whether to keep herself or give up for adoption, then ABSOLUTELY somebody should step in if the woman is actively participating in activities which she knows can/will harm the fetus. That is not to say she should be thrown in jail or forcefully sterilized or any other extreme "state-control" scenario. Therapy, rehab, counselling, and state intervention at birth are all viable and (IMO) necessary options that must be available. If the woman neglects the fetus or harms the fetus during pregnancy, there are serious risks of that harm continuing in other ways post-birth. The idea that we can't intervene while the baby resides in the uterus is ridiculous, especially when the precedent is set that we MUST intervene once the baby is born.
Now, if the woman doesn't WANT the pregnancy but lacks the means to acquire an abortion, if she rejects attempts to get her off the harmful substances then the state has a vested interest in helping her acquire one. A child born to a drug user or alcohol abuser will often be plagued by challenges that don't present themselves until early childhood (3-5)....from mental deficiencies to physical abnormalities to developmental delays...and it's mostly avoidable with the right approach.
I think it's a bit hypocritical to rail on about the rights of a woman over her body during the pregnancy, acting as if it's somehow sacrosanct..but the minute she gives birth we'll jump in and snatch the kid because NOW all of a sudden the risk to the child matters. I'm pro-choice in the sense that a woman should have access to a safe abortion prior to the point of viability unless the fetus is NOT viable or the mother's life is in jeopardy. At the same time, I don't think that necessarily means that we should have absolutely no say in sexual care (including prenatal care) and a woman's responsibilities. If we can pick organ recipients based upon their likelihood of risky behavior, if we can dictate behaviors for those undergoing weight loss procedures, if we can demand that doctors with specific specialties meet specific standards in EVERY OTHER AREA of health care...then we should be able to do the exact same things with pregnancy and sexual care. Nobody's "right" is trampled on by demanding better quality clinics or doctors, and a woman's "right" to abuse her fetus shouldn't be greater than her "right" to abuse her born child if she intends on carrying the child to term.
In NY, it's the same - if she wants an abortion and does not intend to carry the child to term, she doesn't have to make an effort to avoid the most risky behaviors, but if she clearly intends to carry the child to term, she is expected by law to stop illegal drug use and excessive alcohol use.
The government doesn't take this tack if she's a smoker, in fact, as that ordinarily can have an effect only on birth weight, and no one can fault her if she has an occasional single glass of wine now, because new research has indicated that such moderate drinking cannot be claimed to put the embryo/fetus at significant risk for fetal alcohol syndrome any more.
Even though I understand the sentiment behind stressing the liberty of the woman, my view is that she has the liberty to decide whether or not to carry the child to term, and that is the important part. If she decides to carry to term, she has an obligation to the future born child to minimize the worst risks to its future health. But of course, I would also like to see an exception after viability allowing abortion in cases of serious fetal anomaly or severe disability, too, as the Euro countries with 20 week bans have, because some women feel they have an obligation not to impose such a body on a future child.