You are making a spurious argument.
There are already laws being implemented to address your concerns.
_____
Should Pregnant Women be Subject to Criminal Prosecution for
Activities that are Harmful to Their Fetuses?
Recent activities in a number of states have renewed the debate on whether women who abuse drugs or alcohol during their pregnancies should be subject to criminal sanctions. In South Carolina, the state supreme court ruled that Cornelia Whitner could be held criminally liable for using cocaine and thereby endangering her fetus. The court indicated that its holding applied to legal as well as illegal substances. In Wisconsin, criminal charges were brought against Deborah Zimmerman for her abuse of a legal substance (i.e., alcohol) during her pregnancy. Ms. Zimmerman is facing charges of attempted first degree intentional homicide and first degree reckless conduct. Prosecutors also have tried, without success, to bring criminal actions against substance-abusing pregnant women in Arizona, Florida, Georgia, Kentucky, Massachusetts, Michigan, Nevada, New York, and Ohio.
Legislators have also entered the fray. On June 13, 1997, the governor of Tennessee signed House Bill 1413, making it a Class A misdemeanor for child abuse where: (1) a woman consumes alcohol or illegal drugs during pregnancy with knowledge or the reason to know that such consumption may result in harm to her child; and (2) the child is born addicted to alcohol or drugs. Similarly, Hawaii is considering House Bill 3351 which makes the consumption of alcohol or illegal drugs during pregnancy, once the woman knows of the pregnancy, a Class C felony for endangering the welfare of a minor. . .
_____