Rep. Mary Helen Garcia, D-Las Cruces, wants to make it a crime to give birth to a child who has Fetal Alcohol Syndrome.
She has introduced House Bill 141, which would make such an occurrence a misdemeanor, unless the child dies, in which case it would be a second-degree felony. Misdemeanors carry a prison term of six months to one year. Second-degree felonies are punishable by a maximum of nine years in prison.
FAS, according to the Centers for Disease Control, is “one of the leading known, preventable causes of mental retardation and birth defects.” Studies have shown that women who drink during pregnancy can give birth to children with permanent physical and mental disabilities that include abnormal facial features, growth deficiencies and central nervous system problems.
Garcia said the proposal came from two local pediatricians who wanted to help address the problem. In
The bill would require a clinical diagnosis of FAS from a physician. It does not include as a crime giving birth to a child with what are called fetal alcohol spectrum disorders – conditions that meet some, but not all, of the criteria for a clinical diagnosis of FAS.
Garcia said her goal is to discourage women from drinking when they are pregnant and said having such “fear-based language” in the law might serve as a deterrent. As a former public school principal, Garcia said he has worked closely with children who have FAS.
“It places a tremendous burden on the family and the educational system,” she said. “It crosses over all social and economic lines.”
Legislation similar to Garcia’s has been proposed in several states in recent years, but has been met with stiff opposition and found little success. Opponents have argued that prevention is the best avenue and that criminal penalties would discourage pregnant mothers from getting help for alcoholism or seeking prenatal care.
Such proposals touch on a number of hot-button topics, including the rights of fetuses and laws that target only one gender.
Jerome Romero, director of the FAS prevention program at UNM, said better education and treatment programs are the best ways to combat the problem. He reiterated the argument that the threat of criminal penalties would discourage pregnant mothers from seeking prenatal care, which he said is just as important as not drinking during pregnancy.
“Education is the key for everything,” he said. “This is a hard one, I know. You want to try to do everything to help those kids” but, if there are penalties, women “are not going to get help because they’re afraid.”
Romero said the focus should be on educating teens about the dangers of drinking while they’re pregnant and increasing funding for treatment centers for pregnant women – clinics where they can also bring their other children to make it easier for them to seek prenatal care.
His office is already working in schools throughout
Garcia said better education and treatment are important, but pregnant mothers should also be held accountable for their actions.
“It’s a matter of responsibility and choices,” she said.
The bill has been assigned to the Consumer and Public Affairs Committee.