Expecting Trouble: Surrogacy, Fetal Abuse, and New Reproductive Technologies

By Patricia Boling | Go to book overview
vidual problems and the formation of bonds of group solidarity become merely abstract if those who discover such problems are not organized to take action to address them. The dominant tendency in drug treatment programs is to isolate clients from community networks and for programs themselves to be self-contained. The goal of removing clients from the influence of those who would encourage them to continue their drug use is laudable. But this goal is better achieved by linking drug treatment with broader strategies of community control over networks and services through a set of interlocked institutions. I have argued that a punishment approach is both unjust to addicted mothers and largely ineffective in preventing harm to babies. A caring treatment approach is far superior to punishment. When caregiving people and institutions deny or ignore the facts of their power, however, they often operate in normalizing ways that strive primarily to adjust clients to existing social structures and expectations. These structures and expectations usually reinforce relations of privilege and oppression. An approach to treatment and policy for pregnant addicts aimed at empowering them is best. I have no doubt that a great many service providers wish to empower their clients. However, if Foucault is correct in stating that bureaucratic and therapeutic institutions are usually normalizing, providers should recognize that empowering clients is very difficult within service providing institutions. An empowering approach to policy for pregnant addicts entails struggle -- by service providers, by clients to whom they listen, and by the rest of us who seek a more just world for women.

Notes

This chapter is revised frorn Iris Young, "Punishment, Treatment, Empowerment: Three Approaches to Policy for Pregnant Addicts", Feminist Studies 20( 1):33-57 ( Spring 1994). Reprinted by permission of Feminist Studies, Inc., c/o Women's Studies Program, University of Maryland, College Park, Md 20742.

1.
I am grateful to Claire Cohen, Nancy Fraser, Nancy Glazner, Michelle Harrison, Kary Mossn, Shane Phelan, Rayna Rapp, Dorothy Roberts, Jana Sawicki, Joan Tronto, Tom Wartenberg, and anonymous referees for Feminist Studies for helpful comments on earlier versions of this paper. Thanks to Terrence Raftery, Amy Marlo, and Carrie Smarto for research assistance.
2.
See Jan Hoffman, "Pregnant, Addicted -- and Guilty", New York Times Magazine, Sunday, August 19, 1990, 24. Some estimate that as many as 11 percent of women in labor test positive for illegal drugs; see Benjamin A. Niel, "Prenatal Drug Abuse: Is the Mother Criminally Liable?" Trial Diplomacy Journal 15( 3):129 ( May-June. 1992).
3.
In a personal communication, Kary Moss of the American Civil Liberties Union Reproductive Rights Project tells me that these government statistics are badly sampled and do not adequately distinguish types of drug use.
4.
See Michelle Harrison, "Drug Addiction in Pregnancy:The Interface of Science, Emotion and Social Policy", Journal of Substatwe Abuse Treatment 8:261-268 ( 1991). See also Wendy K. Mariner, Leonard H. Glantz, and George J. Annas, "Pregnancy, Drugs and the Perils of Prosecution", Criminal Justice Ethics 7:30-41 ( Winter-Spring 1990).

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Expecting Trouble: Surrogacy, Fetal Abuse, and New Reproductive Technologies
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Foreword vii
  • 1 - Introduction 1
  • Notes 7
  • 2 - The Tailor-Made Child: Implications for Women and the State 9
  • Notes 19
  • References 21
  • 3 - Fetal Personhood: Political Identity Under Construction 25
  • Notes 44
  • References 51
  • 4 - Fetal Endangerment Versus Fetal Welfare: Discretion of Prosecutors in Determining Criminal Liability 55
  • Notes 75
  • References 79
  • 5 - A Gender Analysis of Policy Formation: the Case of Fetal Abuse 85
  • Notes 103
  • References 104
  • 6 - Punishment, Treatment, Empowerment: Three Approaches to Policy for Pregnant Addicts 109
  • Notes 126
  • References 131
  • 7 - The Aclu Philosophy and the Right to Abuse the Unborn 135
  • Notes 140
  • 8 - The Trope of the Dark Continent in the Fetal Harm Debates: "Africanism" and the Right to Choice' 142
  • Notes 152
  • 9 - "Surrogate Mothering" and Women's Freedom: a Critique of Contracts for Human Reproduction 156
  • Notes 171
  • References 174
  • 10 - The "Gift" of a Child: Commercial Surrogacy, Gift Surrogacy, and Motherhood 177
  • Notes 196
  • References 200
  • About the Contributors 203
  • About the Book 205
  • Index 207
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