The issue of fetuses and infants who are exposed to drugs and alcohol whether in the uterus, through breast milk or through other environmental means (such as through the inhalation of non-tobacco secondhand smoke) has become an increasingly contentious one in recent years, with the obvious and absolute right of infants to be raised in a safe environment needing to be weighed against the right of pregnant women to be free of unreasonable searches. This paper examines the key factors involved in this issue, which has psychological, social and legal aspects.