Fetal Rights - Behavioral Intervention

Behavioral Intervention

Various initiatives, prompted by concern for the ill effects which might be posed to the health or development of a fetus, seek to restrict or discourage women from engaging in certain behaviors while pregnant. Also, in some countries, laws have been passed to restrict the practice of abortion based upon the gender of the fetus.

• Many jurisdictions actively warn against the consumption of alcoholic beverages by pregnant women, recommending a maximum intake or total abstinence, due to its association with Fetal alcohol syndrome. Countries that encourage those who are pregnant to avoid alcohol either entirely or partially include Australia, Canada, France, Iceland, Israel, the Netherlands, Norway, New Zealand, Spain, the United Kingdom, and the United States.

• Many national and international agencies recommend dietary guidelines for pregnant women due to the health risks posed by the consumption of fish contaminated with methylmercury through industrial pollution. Studies have linked exposure to various levels of methylmercury in utero to neurological disorders in children.

• The use of tobacco products or exposure to secondhand smoke during pregnancy has been linked to low birth weight. Governor Mike Huckabee of Arkansas, citing studies which attribute 10% of infant deaths to tobacco-smoking mothers, considered adopting a smoking ban for pregnant women in 2006 with the aim of reducing infant mortality.
  • See also: Smoking and pregnancy

• No U.S. state has enacted a law which criminalizes specific behavior during pregnancy, but, nonetheless, it has been estimated that at least 200 American women have been criminally prosecuted or arrested under existing child abuse statutes for allegedly bringing about harm in-utero through their conduct during pregnancy. Reasons for pressing charges included use of illicit drugs, consumption of alcohol, and failure to comply with a doctor's order of bedrest or caesarean section. Drug addicts have been accused of "supplying drugs to a minor" through unintentional chemical subjection via the umbilical cord. Others have been charged with assault with a deadly weapon with the "deadly weapon" in question being an illegal drug. Minnesota, Wisconsin and South Dakota allow women who continue to use substances while pregnant to be civilly committed. Some states require that medical providers report any infant who is born with a physical dependency, or who tests positive for residual traces of alcohol or drugs, to child welfare authorities.

• Cultural preferences for male children in some parts of Asia, such as Mainland China, India, South Korea, and Taiwan, have sometimes led to sex-selective abortion of female fetuses, leading to the disparity between male-to-female birth rates which is observed in some places. India banned the practice of abortion for reasons of fetal sex in 1994.