Viability refers to the state wherein a fetus is capable of an independent existence after birth. The age of viability is taken as 28 months after conception in developed countries. The concept of teratogenesis has highly influenced our perceptions of the defects that may form in an unborn child. Various teratogenic substances have been identified as the major cause of the inborn birth defect. Substance abuse has been regarded as the number one among the various teratogenic substances. Medical drug abuse is one thing but using drugs daily, without prescription is the dilemma that the present-day medical community is facing in today’s world.
Many factors may interact with the differentiating and growing embryo. The result however is not necessarily a gross malformation. In some cases, the teratogenic substance may be so toxic that or may affect a vital system of the embryo or fetus so severely that death ensues. A variety of agents are known to produce congenital malformations in approximately 2-3 % of all live-born infants. Effects of teratogens also depend upon maternal and fetal genotype, the stage of development when exposure occurs, and the dose, duration, and exposure of the agent. Most major malformations are produced during the period of embryogenesis but in stages, before and after this time the fetus is also susceptible so that no period of gestation is completely free of risk (Sandler, pg 136-160).
Prevention of many birth defects is possible, but it depends on beginning preventive measures before conception and increasing physician’s and women’s awareness of the risks. Prenatal screening techniques include ultrasonography, amniocentesis, and CVS. These procedures are used for determining placental and fetal growth, congenital malformations, and chromosomal abnormalities. Now the question as to whether mothers should be prosecuted for using substances that may result in defects in their newborn children or worse cases “fetal death”. Anyway looking at this from a neutral perspective one is enthralled at the apathy of the authorities in curbing the menace of drug abuse.
Drug abuse is a medical problem and it needs to be addressed in the same manner as any other medical problem. The level of awareness regarding the drugs being abused is what constitutes the question of safe drug practices. In a study funded by the national drug abuse, it has been found out that the maximum number of abortions took place in the mothers who abused one drug or the other. In a similar study, it was also found out that a stark relationship occurs between drug abuse and fetal defects.
Ever since the first woman was prosecuted in Illinois, the USA in 1960 this has resulted in more than 20 American states have prosecuted women whose children ended up having either defects or abortions (Murphy). However human rights groups argue that laws like this, on one hand, take away the right of abortion from a woman, and on the other hand laws like these seem preposterous in the wake of the problem of drug abuse. A more compassionate view of the issue needs to be taken. According to Lynn Paltrow, “People don’t become addicts because they want to do harm to their own bodies or if they are pregnant, to harm the fetus in their body.” This may also raise another problem that the drug addicts would not seek treatment for their ailment. (Kirsten, n.p.)
Whenever we talk about drugs or substance abuse we must be clear in our mind regarding what we may consider as drug abuse Drugs are bio-psychoactive substances that, when used or abused, change a person’s state of mind in various forms. The term narcotic refers to any drug that induces profound sleep, lethargy, and relief from pain. Narcotic drugs include coca leaf, cannabis, heroin, opium, poppy straw, and all manufactured drugs. Narcotic drugs and other psychotropic substances may be classified according to their effect upon a person’s mental activity and psychological state or behavior. They could either act as depressants of the CNS, Stimulants, Hallucinogens, then there are glues, petrol, etc which create illusions.
The criteria for labeling someone as an addict are mentioned according to the ICD or international classification of disease. The criteria include long habitual use, dependence, development of tolerance, etc. Based upon these criteria a person is classified as a “drug addict”. No society can remain unaffected by the disastrous consequences of the illicit drug trade. A report published by World Drug Report in the year 2006, disclosed the facts that ‘approximated two hundred million people or five percent of the world population aged between fifteen and sixty four have consumed illicit drugs at least once in the last twelve months. The drug trade is pernicious and large and according to the United Nations Office for Drug Control (UNODC), has an estimated retail value of US $321 billion.
Coming back to the question of prosecuting mothers for the death or inborn defects another question that comes to mind is the undue blame on the mother for causing harm to the fetus. It is not the mother but the society that is responsible in the first place for providing substances of abuse and what of alcohol! Consuming alcohol is a perfectly legal activity and if a fetus is being affected by it then proper education of the expectant mothers should be undertaken rather than just blatantly putting the blame on the mother and prosecuting her, and what good is a prosecution if it cannot persuade people to give up one substance or the other.
The state argues that it can stand up for the rights of the unborn child but then again the question of equality crops up. Opponents to the prosecution are of the view that the chances that the poor population would be screened more diligently meanwhile the influential will get away with everything as they please. What is needed at the moment is to initiate drug control programs which may take into account the gravity of the situation and implement strategic planning aimed at curbing out the problem of drug abuse. Hospitals should arrange counseling sessions with expectant mothers and provide the required information to the expectant mothers. Women using the different drugs of abuse need to be made aware of the potential risks that this may cause to their fetuses. With more emphasis on the human side of the problem and lesser on rigid policing the problem can be solved amicably.
Works Cited
Kirsten Scharnberg. Prosecutors targeting drug users some fear women will shun treatment.
Sheigla Murphy and Paloma Sales. Pregnant Drug Users: Scapegoats of the Reagan/Bush and Clinton Era Economics, 2001
T.W Sandler. Langman’s Medical Embryology. Lippincot Williams and Wilkin Publishers Eighth edition, London pp. 136-160