http://www.thenation.com/article/state-where-giving-birth-can-be-criminal/
At around midnight on November 13, Tonya Martin slipped out into the yard that separated her trailer from the one in which her grandparents live on a lot in the eastern hills of Tennessee. Just two months earlier, the Monroe County Sheriff’s Department arrested Martin after she gave birth to a son. Her crime: delivering a child at Sweetwater Hospital with drugs—some kind of opioid—in his system.
Martin couldn’t shake her addiction or the depression that plagued her. The 34-year-old mother gave up the newborn for adoption. Not long after, Martin’s boyfriend found her dangling from the clothesline pole in her grandmother’s yard. He tried to resuscitate her, but it was too late…

http://www.motherjones.com/politics/2016/03/tennessee-drug-use-pregnancy-fetal-assault-murder-jail-prison-prosecution
When she went into labor in late 2014, Brittany Hudson couldn’t go to the hospital. The 24-year-old East Tennessee native had been abusing prescription drugs for years and knew that, under a new state law, if her baby was born showing signs of her drug use, Hudson could be sent to jail. That was the reason she’d forgone prenatal care for most of her pregnancy. Hudson was already in labor when she went with a friend to see a midwife, but it was too late. She gave birth to her daughter in the backseat of her friend’s car on the side of the road, where her friend cleaned her up after. Then she turned around and went home….
Hudson didn’t have much time alone with her new daughter. Someone reported her to law enforcement, and just days after giving birth, she was contacted by the police, who asked her to check in at the hospital, where her newborn, Braylee, went into withdrawal. Almost a week later, while Braylee was still in intensive care, Hudson was arrested, charged with assault, and jailed.
Hudson was charged under Tennessee’s new fetal-assault statute, passed in the spring of 2014 as part of a push to combat an opioid addiction epidemic in the state. The newly revised measure, which is the first law of its kind in the nation, allows the state to prosecute women for illegally using narcotics while pregnant, if the child is born “addicted to or harmed by” the drugs…
For example, a pregnant woman in her ninth month was arrested in 2014 for “engaging in conduct which placed her baby in eminent danger or death or serious bodily injury,” according to the warrant. What did she do? Drove without a seatbelt…
By 2010, Tennessee’s opioid overdose rate was almost twice as high as the national average, and in 2012 Tennessee was the second-highest opioid-prescribing state, after Alabama. That year, the state’s lawmakers enacted the Prescription Safety Act, meant to combat opioid abuse. The statute required that physicians use a centralized database to look up their patients’ records before prescribing more pain medication. But it didn’t make a dent in the problem. Opioid abuse continued to rage throughout the state, and in 2014, the number of opioid-related deaths increased from the year before, surpassing the number of people killed by car accidents or gunshots…
theinfluence.org/how-the-myth-of-the-addicted-baby-hurts-newborns-and-moms/
The idea that vast numbers of pregnant women are putting their infants at risk by using drugs like heroin is misguided; nationally, about 5 percent of pregnant women report use of illegal drugs (mostly marijuana) during pregnancy. Nonetheless, media hype has crafted a narrative of disgust around parents of babies with NAS…
http://www.theguardian.com/commentisfree/2016/apr/12/pregnant-women-addiction-healthcare-not-handcuffs
NAS is a highly treatable condition without long-term effects… But even more damning is this: the law hasn’t decreased NAS births statewide. Since its implementation, such births have actually increased…
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