Fetal Rights

Should Fetal abuse be punishable by law?

A pregnant woman was unknowingly given a drug test when she went in for a regular checkup

When the test came back positive for crack cocaine, the hospital prosecuted the mother.

The case went to state court and then made it to the Supreme Court.

Hospital view

If a mother is in her third trimester, the fetus is considered "alive" (Whitner vs South Carolina)

FERGUSON'S VIEW
The fetus at the time of the the case was not an "alive person" and crimes committed against them should not be unconstitutional

The hospital was right to persecute the woman because she refused the options of rehabilitation that were given.

When a mother used controlled substances, she gives the fetus no choice but to suffer the same consequences.

"Crack Babies"

• was considered an epidemic in the 1980's
• the child is addicted to the crack from the womb 
• must undergo a 2-4 week withdrawal from the drug
• huge medical implications

Medical effects

• Growth defects
• Sudden Infant Death Syndrome
• Learning and Developing problems
• Uncontrolably trembling
• (Lucille Packard Childrens' Hospital at Stanford)

why don't mothers seek help?

• Crack destroys the decision making part of the brain
• Cocaine releases huge amounts of Dopamine (happy hormone)
• after long term use the brain gets rewired to need the drug
• Withdrawals include depression, anxiety, anger, and exhaustion
• (Stephanie Watson howstuffworks.com)

While the mother should not of been given a drug test with out her consent, she should be held accountable for her actions and the future consequences.

The Hospital was within it's rights to prosecute the substance abusing mother.

Conclusion