Mandating Treatment for Pregnant Substance Abusers: A Compromise

Abstract

This article considers one of the many ways in which the state might intervene in the life of a pregnant woman in order to prevent serious harm to the child she intends to bear: requiring a substance-abusing pregnant woman to live in a residential treatment center for the duration of her pregnancy. While the author agrees with those who argue that such state action is unjustifiable, she points out that the facts grounding this normative conclusion may change. Disagreeing with those who contend that, regardless of the circumstances, the state may never interfere with the activities of a pregnant woman in order to prevent harm to her future child, the author considers both the present situation and the most likely future scenario, and offers a compromise solution—civil commitment to an outpatient treatment facility.