One for My Baby, One More for the Road: Legislation and Counseling to Prevent Prenatal Exposure to Alcohol

Authors

James Drago, Benjamin N. Cardozo School of Law

Abstract

The note examines the legal and ethical implications of balancing fetal rights with maternal autonomy, particularly in cases where pregnant women consume alcohol, potentially harming the fetus. It argues that while fetal rights have gained recognition in tort law, criminalizing maternal conduct raises constitutional concerns, including privacy and equal protection. The analysis advocates for a balanced approach, combining moderate criminal sanctions with education and support programs to protect fetal health while respecting women's rights.

Disciplines

Law | Law and Gender | Legislation | Medical Jurisprudence

Recommended Citation

James Drago, One for My Baby, One More for the Road: Legislation and Counseling to Prevent Prenatal Exposure to Alcohol, 7 Cardozo J. Equal Rts. & Soc. Just. 163 (2001).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol7/iss2/3