Mandatory Testing of Pregnant Women and Newborns: HIV, Drug Use, and Welfare Policy

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Fordham Urban Law Journal, Vol: 24, Issue: 4, Page: 749

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Chavkin, Wendy; Elman, Deborah; Wise, Paul H.
FLASH: The Fordham Law Archive of Scholarship and History
Health Law and Policy; Law
article description
An emerging strand of thought portrays pregnant women with drug addiction and HIV infection as having a willful hostility towards their fetus. As a result, pregnant mothers with HIV or addictions are confronted with decreased funding for services and increased sanctions for positive toxicology tests. The rhetoric of blame towards “deviant” mothers has escalated to embrace poor mothers in general. However, in order to support the babies, their mothers must be supported as well.