Policing Pregnancy: The Case of Fetal Exposure to Alcohol

Michael B. Webb

Developments in technology have meant that the previously hidden process of fetal development has been made visible and largely quantifiable. In turn, researchers have begun to offer scientific data that conclusively links maternal action during pregnancy with the health outcomes for newborns.

As a result the health of the unborn has entered the political arena by posing the question of whether the state has any role in mediating the relationship between mother and fetus. For instance, what standard of care is owed to an unborn child once the decision is made to carry it to term?

In this paper I address this question by focusing on the consumption of alcohol during pregnancy. After reviewing the evidence that drinking during pregnancy can have devastating effects for the fetus, I examine the magnitude of the problem in this country and its associated costs. I then argue that the tragic legacy of fetal exposure to alcohol threatens the core notion of maternal autonomy, and raises the issue of what extent the state may seek to control maternal behaviour in order to protect the unborn child. Finally, overseas attempts to reduce the problem are examined for their potential application to New Zealand.