Pregnancy, drug testing, and the fourth amendment: Legal and behavioral implications

Brian H. Bornstein

Research output: Contribution to journalReview articlepeer-review

12 Scopus citations


In its efforts to protect the health of unborn children, the government is increasingly attempting to regulate pregnant women's conduct. As with other policies affecting pregnant women's autonomy, these policies have constitutional overtones. In Ferguson v. City of Charleston (2001), the Supreme Court struck down a South Carolina hospital's policy of testing pregnant women for cocaine and turning positive results over to law enforcement for prosecution. This article discusses the basis of the decision and its legal and behavioral implications. Although the decision came down on the side of pregnant women's rights, it left unresolved the issue of whether a similar policy could be constructed that would pass constitutional muster. The article concludes with a consideration of the likely effects of, and alternatives to, such a policy.

Original languageEnglish (US)
Pages (from-to)220-228
Number of pages9
JournalJournal of Family Psychology
Issue number2
StatePublished - Jun 2003

ASJC Scopus subject areas

  • General Psychology


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