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Reproductive Ability for Sale, Do I Hear $200?: Private Cash-for-Contraception Agreements as an Alternative to Maternal Substance Abuse

Abstract

To combat maternal substance abuse during pregnancy, a private organization, Children Requiring a Caring Kommunity ("C.R.A.C.K.") offers a cash-for-contraception contract. To prevent the birth of substance-exposed infants, C.R.A.C.K. presents a monetary incentive to drug addicts if they will be medically sterilized or begin using long-term birth control. This Note highlights concerns with C.R.A.C.K. by analyzing the cash-for-contraception agreement and comparing it to other regulated private contracts such as surrogacy and human organ sales. Balancing the problems of maternal substance abuse, frequently futile state responses, and the parties' constitutional rights illustrates that the program may be a viable solution.

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43 Ariz. L. Rev. 205 (2001)

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Authors

Jennifer Mott Johnson

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