A Pregnant Person Legally

However, in some instances, when a woman finds out she is pregnant, she may attempt to eliminate an addiction problem from her life. The life growing inside her body often becomes more important than the next fix. However, the options available to remove this obstacle are often few. Additional assistance may become a necessary part of these women’s lives.

Changing a person’s life is not an easy thing. When few options are available, a pregnant woman may find possibilities blocked. After determining to rid addiction to the drug she is compelled to consume, a woman awaiting a child may seek governmental help. There are clinics available in major cities as well as some in smaller areas. By seeking these out, the person may find the way to eliminate drugs from her life. Unfortunately, the option to take methadone for assistance with addiction issues may become a legal matter. Because the substance of methadone is still considered a drug with possible withdrawal symptoms in newborn children, the issue of consuming this substance may become a legal battle for the mother or the clinic that provides it.

Seeking Sobriety

When a pregnant woman faces the future with a child on the way, she may find limited opportunities in improving her life. Various healthcare facilities have assistance programs for these individuals due to the lack of necessary help provided to pregnant females. Many physicians recommend a treatment of methadone for recovery from drugs for these persons when they are able to see a doctor.

Sobriety from drugs is the recommended process going ahead for a woman expecting a child due to the presence of harmful chemicals from drugs in the system when an expecting mother keeps taking these illicit substances. These drugs pose a great risk to the unborn child along with potential complications. Unfortunately, a methadone treatment is often the only choice these individuals have available when attempting to remove the addiction to a drug they’ve been consuming. Though the newborn may have withdrawal from the methadone administered, this use often poses a far less danger than if other narcotics have been exposed to the baby.

Potential Legal Issues with Methadone

Due to the problem with withdrawal in newborn babies, some states have filed charges of abuse and neglect against the mother taking methadone. The Division of Child Protection in these states have stated that babies suffering from withdrawal symptoms due to the use of drugs in the mother, even if it is methadone, constitute this as child abuse and the neglectful actions to ensure the health and wellbeing of the child. Suits against these mothers have started in various states due to these charges.

To obtain a definitive understanding and ruling in these matters, one state’s Superior Court and Appellate Court was given the case to deliberate upon. The New Jersey Supreme Court, for the case in New Jersey, ruled that the mother did not commit child abuse and reversed the validation of the lower court in these matters. The state supreme court explained that a mother has the choice to follow the advice and recommendation of a healthcare professional for methods she may participate in that assist in treatment for drugs. The choice to minimize the risk to the baby is in the hands of the mother, and any drugs or prescriptions she is given to eliminate narcotics and harmful substances are hers to make.

A Woman’s Choice

While some state courts have ruled that the use of methadone to help combat drug addiction is the mother’s choice, not all states have yet deliberated on this issue, leaving the question open regarding the legality of the drug. Many states in the United States have not attempted to bring charges against women with unborn children that take methadone as a treatment option. So, the decision is often left to the expecting mother on whether this option is best for the baby and mother
.