A 2014 amendment to Tennessee’s fetal homicide bill allowed the state to charge pregnant women with aggravated assault, which carries a maximum penalty of 15 years in prison, if they have pregnancy complications after illegal narcotic use. 

It’s the first law of its kind, and its opened the door for the state to charge women for drug use, and at least in one case, for not wearing a seatbelt while pregnant.

In theory, the law gave addicted pregnant women two options: get treatment or go to jail. But in reality, the state did little to ensure that treatment was available for women who needed it.

In episode 8, Brittany Hudson, of Knoxville, Tennessee, tells us her story of addiction, loss, and long road to recovery.

“I needed help and nobody would help me,” Brittany says. 

The law was controversial from the beginning, and a small group of decisive lawmakers decided not to renew the law. Though it will sunset on July 1, 2016, it has already left many women, including Brittany, choice-less.

Listen to Brittany’s story here.

Transcript (pdf)

A note about neonatal abstinence syndrome and the use of methadone and buprenorphine to treat narcotic addiction: The term “drug-addicted babies” is a misnomer because babies cannot, by medical definition, be addicted. They can, however, be physically dependent on a drug they were exposed to in utero and may experience neonatal abstinence syndrome (NAS), commonly referred to as “withdrawal.” NAS is a set of temporary and treatable symptoms that may occur in babies when a pregnant woman uses drugs such as heroin, codeine, oxycodone, methadone, or buprenorphine (also called Suboxone or Subutex).

But methadone and buprenorphine are medications commonly used to treat people who are dependent on opioid drugs, such as prescription painkillers. Both are recommended treatments for narcotic-dependent pregnant women.