Since the 1980’s, parents who give birth in hospitals have been subjected to medically unnecessary and non-consensual drug testing, which has sent millions of babies into the foster system. The continuation of unnecessary and non-consensual drug testing in hospitals highlights the necessity of expanding access to midwifery led birth centers, so that pregnant people, especially low-income Black and brown people who are most likely to be surveilled in hospitals, have access to alternative safe birthing locations where they can avoid these violent practices. As midwives, we support parental self-determination and seek to challenge the violence and racism of the hospital system. 

In Fall 2020, NYC health and hospital corporations changed their policy for informed consent prior to drug testing pregnant, but this change is not enough, and still allows for toxicology texting to occur “an emergency when clinically indicated for diagnosis or treatment.”

Hospitals must fully eliminate the injustice of drug testing pregnant people, new parents, and their infants without informed consent. This practice disproportionately harms Black and brown parents, and  half of removals of newborns from their families by child protective services in the  Bronx were based on allegations of substance use. Wealthy white drug using parents are rarely surveilled in this way,and rarely have their children taken from them. While parents who use substances may benefit from access to supportive health care, tearing families apart always harms children and causes further trauma. 

We support Movement for Family Power, JMacforFamilies, The NY Drug Policy Alliance, The Bronx Defenders, and numerous others, in their work to raise awareness of and fight back against drug testing of pregnant people and new mothers at birth and reporting to child protective services in New York State. 

They are working to pass Informed Consent legislation (see the most recent version here) in Albany.  You can support by signing onto this letter of support. 

To sign on as an individual: please use this form

To sign on as an organization: please use this form