Many women don’t realize they are pregnant until several weeks or even months into their pregnancy. By then, since more than half of American women drink alcohol and nearly 20% use drugs of some kind, many women will already have exposed their babies to substances that aren’t good for them. Once they know, most women change their behavior, but the National Institute on Drug Abuse estimates that 5% continue using addictive substances. For expectant moms considering adoption, having used drugs during pregnancy can bring up some fears.
Will I get in trouble?
There are some consequences for using drugs while pregnant in Arkansas. Substance abuse during pregnancy is not a crime in this state, and illegal drug use is not more serious for pregnant women. So getting in trouble won’t include being arrested or charged with a crime.
However, doctors and hospital staff are required to alert the Department of Human Services if a baby is born with symptoms that suggest the mom used drugs during pregnancy. DHS must find a safe place for the child. The process might feel like getting in trouble. A doctor providing prenatal care will try to discourage substance abuse, and that could feel like getting in trouble. But most people working with expectant moms struggling with substance abuse are compassionate and nonjudgemental. If you find yourself working with someone who is not, you can change your provider.
The other kind of trouble might be having your baby taken into foster care immediately — that’s often the way DHS provides a safe place for the child. However, if you have already made an adoption plan by the time the baby is born, that will be your child’s safe place. You can continue with your open adoption plan and have contact with your child if that’s what you want.
The bottom line: objectively, you won’t get in trouble. You might feel uncomfortable, but with support you can get through that. If you’ve chosen an adoptive family, they can cover the costs of counseling for you, or you can join a support group for women in your position.
Can my baby still be adopted?
There are no rules against adoption of babies who have been exposed to drugs, including alcohol. It’s important — for the baby’s sake — to be honest with adoptive parents about this situation. Your doctor cannot tell the prospective adoptive parents without your permission, but it;’s important that they be prepared to provide the extra care often needed by children whose moms have used drugs. Consider meeting with the parents and your doctor to make sure they have the information they need.
Some prospective adoptive parents may choose not to continue with the adoption. Others will be prepared, will educate themselves, and will be delighted to provide your baby with a home.
Make sure you have an expert adoption lawyer to guide you through what may be a difficult process. Heimer Law specializes in adoption. We will be happy to answer your questions. Call us at (479) 225.9725 or use our simple form.
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