No parent takes any drugs without KNOWING they are harming their baby. Heroin could be 100% legal for consenting adults to use, it would still not negate the selfish act of using it when pregnant. Your strawman is your fallacy. People are responsible for what they do, legal or not, when it hurts another person. They as the parent of a physically handicapped person or the recipient of an abortion or worst a still born... they face the consequences even if you don't believe so. As it is, how it is, right now, it is NOT a crime to give birth to a child who tests positive for drugs. If you care so much about the victims and protecting people you'd be working to change that and not convolute your argument to one about pro-life.