1. If only it were that easy. Most mothers who are addicted don't care about their unborn children. Like, at all. If they did then there wouldn't be so many newborns born addicted themselves. And most addicted mothers aren't "choosing" to become pregnant.
2.Laws and heavy handed reports to CPS, while they sound all nice and helpful, often times serve to do the exact opposite in helping to lower the number of addicted infants born in that they tend to heavily deter addicted women from getting help out of fear. If a mother feels too afraid to share her addiction with a healthcare provider because she fears losing her child to the system then she won't share, period. I know this from experience (family member who works with addicted mothers). Hopefully this law dies quickly.
The only way I can see that any law that criminalizes drug use during pregnancy could be beneficial is if the misdemeanor offense can be discharged and dismissed through satisfactory completion of a diversion program.
A diversion program could include a comprehensive drug treatment program along with prenatal classes and, if the terms of the program are completed successfully, the misdemeanor will be discharged and dismissed, leaving the mom-to-be with no criminal record. This could potentially allow for a mom-to-be to have a healthier pregnancy and a healthier baby.
With that said, though, there are laws
already in place that allow for the arrest of illegal drug users. These laws are not gender-specific. They do not target one group of people. I see no need for a law that makes illegal drug use during pregnancy a crime when illegal drug use is already a crime, whether the drug user is pregnant or not.
So, I see as being better than an additional law is an addition to diversion program conditions that can include court-ordered prenatal care for mom's-to-be arrested on illegal drug use charges. There is already a condition under most states' diversion programs for the completion of drug/alcohol classes and treatment.
But, as justalayman said, I "have a dream" and that is to give all babies the best chance they can possibly have for a healthy start in life. I do not see any
law that can accomplish this - but I have not researched Tennessee's law to see if it has curtailed drug use in pregnant women. I tend to think it hasn't.