In the case Whitner v. South Carolina in 1997, the South Carolina State Supreme Court defined the concept of a child to include viable fetuses. This allowed grounds for prosecution of a pregnant womanÕs prenatal activity if those activities endangered or could potentially endanger the fetus within her. The case brought the issue of fetal rights versus pregnant womenÕs rights to light. The case also explored whether or not the conviction of a pregnant woman was in the best interest of a fetus, because fear of prosecution could lead the woman to not seek prenatal care or to seek an abortion outside of licensed clinics.

The US Supreme Court case Ferguson v. City of Charleston (2001) established that public hospitals couldn't legally drug test pregnant women without their consent when those women sought prenatal care at those hospitals. The court held that such searches violated the pregnant women's protections under the Fourth Amendment to the US Constitution. The decisions also indicated those circumstances that qualified as special needs exceptions to the Fourth Amendment, and it highlighted the extent to which pregnant women are sovereign individuals in the eyes of the Court. Ferguson v. City of Charleston brought public attention to women's reproductive rights and to fetal rights.

Cocaine use by pregnant women has a variety of effects on the embryo and fetus, ranging from various gastro-intestinal and cardiac defects to tissue death from insufficient blood supply. Thus, cocaine has been termed a teratogen, or an agent that causes defects in fetuses during prenatal development. Cocaine is one of the most commonly used drugs in the US and it has a history of both medical and illegal recreational use. It is a drug capable of a wide array of effects on physical and mental health. Research on the teratogenic effects of cocaine began in the early 1980s, and in 1985 research on the effects of cocaine on prenatal development gained widespread attention. Since then, numerous studies have contributed to information about the detrimental impacts of maternal cocaine use on embryonic and fetal development.