Legal Question in Family Law in Michigan

Laws Preventing Pregnant Women from Smoking/Drinking

Are there any laws in the U.S. (or Michigan specifically) to prevent a pregnent woman from drinking or smoking?


Asked on 7/04/04, 11:28 am

4 Answers from Attorneys

Blake Lipman Law Office of Blake P. Lipman

Re: Laws Preventing Pregnant Women from Smoking/Drinking

Not directly that I'm aware of, but YOU SHOULD NOT BE DOING THAT!!! You could possibly expose yourself to an aggressive prosecutor, who might get creative with the existing law in order to find a way to go after you. For more info., please contact my office at (248)851-3171.

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Answered on 7/06/04, 2:47 pm
Jesse Sweeney Sweeney Law Offices, P.L.L.C.

Re: Laws Preventing Pregnant Women from Smoking/Drinking

I do not believe there are SPECIFIC laws preventing this although one could perhaps argue that they are harming a fetus. I think there SHOULD be laws against such activity. Perhaps this is a good proposal to give to your local congressman. Also I think it may be considered important when determining who should be the custodial parent.

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Answered on 7/07/04, 10:28 pm
William Stern William Stern, P.C.

Re: Laws Preventing Pregnant Women from Smoking/Drinking

Not that I know of. However, there are many prosecutors who would love to attempt to bring someone to trial for endangering their unborn child. I once had a case against a hospital who was giving unconsented drug tests to mothers if they reported that they ever used marijuana. I couldn't pick a jury because almost everyone believed that it was proper to sacrifice individual rights to protect an unborn fetus and they would bend over backwards to protect the hospitals. Ask around.......you'll be surprised. People who calue civil liberties are always amazed at the lengths that people will go to sacrifice their rights to accomplish a goal seen as worthwhile. William S. Stern 248-353-9400

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Answered on 7/04/04, 12:34 pm
Regina Mullen Legal Data Services, PLC

Re: Laws Preventing Pregnant Women from Smoking/Drinking

I hope not! This is going waaaay too far. Now, I share your concern about the welfare of the unborn child, but there comes a point where you have to ask the person interfering with the mother's choices what the agenda is.

If it's the church or anyone else not involved in the actual conception of the child and subsequent legal responsibility: butt out.

If it's the husband, then the suggestion is not to create a unless and until you've discussed these issues with your wife and come to an agreement BEFORE conception AND you trust her to stick to her agreement.

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Answered on 7/04/04, 1:59 pm


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