Will My Baby be Taken from Me at Birth for Drug Use? [Guide 2021]

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Will My Baby Be Taken from Me at Birth for Drug Use?

If you’re experiencing addiction or drug use and are about to give birth, or even if you’re months away, it’s never a good feeling. Addicted women sometimes find themselves scared for their unborn baby while still unable to stop using. Currently, there are no states that mandatorily drug test infants upon birth. However, some states will drug test if certain red flags are present in the parents or if the newborn baby is exhibiting signs of withdrawal or distress that are unexplainable. Testing newborns for drugs at birth is very controversial. However, if signs of fetal drug exposure are present, or if the hospital decides to test your infant for drugs, your baby may be taken away. Keep in mind that this decision is based solely on the type of drug detected in the newborn’s system. If you’re asking yourself “will they take my baby away for drug use?”, you’re going to want to read the rest of this article to understand the current laws and best steps to take.

Drug Use While Pregnant Also Affects The Mother

Using illicit drugs during pregnancy doesn’t only put your unborn child at risk, but it also puts you at risk. Drug use while pregnant increases the mother’s and the child’s risk for many different things. It increases the mother’s risk for anemia, blood and heart infections, skin infections, hepatitis, and several other infectious diseases. If you’re using intravenous drugs, you put yourself at risk of developing heart infections, abscesses, and more. If you’re affected negatively, your unborn baby is also going to be affected negatively. It’s clear that this why medical professionals seek to protect mothers and newborn babies.

How different Drugs Affect the Unborn

When women use drugs in pregnancy, they go directly into the shared bloodstream between mother and unborn baby. So if the mother is dependent, there’s a high possibility that the unborn baby becomes dependent on the drugs the mother is using. However, different drugs have different effects and consequences on the unborn baby’s health.

Let’s go over a few of the most commonly used substances and their impact on the unborn.

Heroin, fentanyl, and other opiates can cause severe withdrawal in the baby. The magnitude of opiate withdrawal symptoms is dependent on the amount of drug the most is regularly consuming. Symptoms can last for weeks; these babies are also at a higher risk for apnea, where they stop breathing. However, if a woman can seek medical help to stop taking opioids in her first trimester, she greatly increases her chances of having a healthy baby. Mothers also choose to go on Medication-Assisted Treatment (MAT), where they may receive regular doses of methadone or suboxone. If you’re wondering if they’ll take your baby away from you for heroin use, the answer is that it’s possible and the chances are high.

Methamphetamine (meth), dextromethamphetamine, Adderall, or other stimulants are direct causes of miscarriage and preterm birth. The newborns exposed to these drugs during pregnancy often exhibit symptoms of withdrawal, jitteriness, trouble feeding, and trouble sleeping. Later on in life, these babies can also suffer from tremors and muscle tone complications. These babies are also at higher risk of dying from Sudden Infant Death Syndrome (SIDS). Meth use while pregnant is very concerning and scary because meth is so difficult to stop using. Mothers concerned if their baby will be taken away for meth use need to seek help immediately!

Cocaine use during pregnancy can lead to possible miscarriage, preterm birth, premature detachment of the placenta, high blood pressure, and stillbirth. These newborn babies exposed to cocaine are also likely to be born at a low birth weight—the risk for SIDS also increases substantially. Effects of cocaine on the baby may include slow growth, hyperactivity, behavioral problems, and learning (developmental) problems.

Marijuana use, while legal in many states, has been linked to cognitive development issues as the child grows.

Pregnancy Drug Use Laws by State

Many women have been accused of child abuse, among other crimes, due to their newborn being tested positive for controlled substances. Laws on drug testing mothers and their newborns vary from state to state; however, the risk of testing positive for illicit drugs makes using extremely high risk. In some places, mothers may lose their baby or be subject to arrest. 

The states that consider drug use during a pregnancy a crime are: 

• Alabama 
• Tennessee 
• South Carolina 

Some states say that substance abuse during pregnancy counts as child abuse. Eighteen states have laws that say drug abuse during pregnancy is child abuse, and the mother can be charged. 

• Nevada 
• Colorado 
• South Dakota 
• Minnesota 
• Iowa 
• Wisconsin 
• Illinois 
• Indiana 
• Oklahoma 
• Te,xas 
• Louisiana 
• Arkansas 
• Tennessee 
• Alabawho use drugs andina
• Virginia 
• Rhode Island 

Tennessee is the only state with an actual statute that makes it a crime to use drugs while pregnant. In Alabama and South Carolina, the prosecution of pregnant women who use drugs and new mothers is likely. The charges can range from child endangerment to chemical endangerment. 

Since 1973, there have been attempts to charge women for drug use during pregnancy in at least 45 states. Exposing an unborn child to illicit drugs is not looked upon favorably, ever. 

As we discussed above, charges against mothers even in states where high courts had rejected the prosecution approach. 

The states where women have not been charged for drug use while pregnant are: 

• Iowa 
• Maine 
• Vermont 
• Rhode Island 
• Delaware 

States with Involuntary Committment and Detainment

Some states consider drug use during pregnancy grounds for civil commitment. Women who use drugs while pregnant can be committed to a drug and alcohol treatment program involuntarily. Authorities can send women into a rehab treatment center without their consent. Those states are;

Wisconsin, however, has a very intense law regarding drug use while pregnant. In Wisconsin, they can not only force the mother into a treatment center against her wishes, but they also have the legal right to detain the pregnant mother up until she gives birth. The state also provides the unborn child a lawyer whose duties are to advocate for the child. If recovery progress isn’t made on the mother’s end, the mother can lose custody quickly after birth.

States with Mandatory Reporting

Fifteen states require mandatory reporting by doctors and healthcare workers when they suspect a pregnant woman is addicted to illicit drugs and use during pregnancy.  

Those states are; 

• Alaska 
• Arizona 
• Utah 
• Montana 
• North Dakota 
• Minnesota 
• Iowa 
• Oklahoma 
• Louisiana 
• Illinois 
• Michigan 
• Virginia 
• Maryland 
• Rhode Island 
• Massachusetts 

In these states, medical professionals are not required to have proof of these allegations. However, they are allowed to do testing to prove that suspicion if they wish. 

The states that are required to do a drug test if the healthcare worker is suspicious are the following; 

• North Dakota 
• Kentucky 
• Iowa 
• Minnesota 

If You’re Pregnant and Using, This is What you Need to do

Here is an action plan to get help if you’re pregnant and addicted. 

1. DO NOT put off getting help for your drug use. Commit to getting help for the wellbeing of yourself and your baby. 
2. Seek treatment, whether detox, medication-assisted treatment, inpatient rehab, or outpatient rehab programs that can accept pregnant women. If you’re ready to talk about your situation, call us at 1(888)906-0952 and let us help connect you with help. 
3. If CPS, DSS, or DES is involved, you must fully cooperate. These agencies can help you with treatment, financial assistance, and other resources for yourself and your parent in many cases. 
4. Work a full program of recovery and look ahead to brighter days with you and your child.