Mother Taking Drugs While Pregnant: What a Father Can Do

Mother taking drugs while pregnant: what can a father do?

By Hannah OvertonPublished 30 October 2026Last reviewed 30 October 202612 mins read9 sections

Part of: Child Custody for Fathers

If you think the mother of your baby is taking drugs while pregnant, tell her midwife or the council’s children’s social care team. Before the birth the law gives a father few direct powers. What helps most is raising the concern early, making sure the professionals know who you are, and being ready for them to assess you as a carer.

This guide is for fathers in England and Wales. In Wales, the council rules on accommodation and placement are in sections 76 and 81 of the Social Services and Well-being (Wales) Act 2014, and professionals follow the Wales Safeguarding Procedures. Working Together 2026 applies in England.

What can you do if the mother is taking drugs while pregnant?

If your pregnant partner or ex is taking drugs, tell the people who can act on it: her midwife or GP, or the children’s social care team where she lives. You cannot make her stop. You can make sure the professionals who can help her, and protect the baby, know what is happening.

When the mother is taking drugs while pregnant, a calm first call to the professionals already caring for her is usually the safest step. Before you call, write down what you know. A short, dated note helps a midwife or social worker far more than a long message about her character.

• What you saw or heard, and the date and time.
• Who else saw it, if anyone.
• Who you have already told, and when.

Keep to facts. Labels such as “addict” tend to start an argument, while people take a plain account of what happened seriously. Also keep a copy of every message you send to professionals.

Remember that she may need help as much as the baby needs protecting. The NHS page on illegal drugs in pregnancy lists her midwife, her GP and drug treatment services. FRANK also gives confidential drugs advice on 0300 123 6600, 24 hours a day. The same page warns that anyone who regularly uses cocaine, heroin or similar drugs should speak to a doctor before stopping or cutting down. Do not push her to quit overnight. Helping her get to a midwife or GP is the safer step.

Can social services step in before the baby arrives?

Yes. In law a child’s rights begin at birth. Even so, national safeguarding guidance tells professionals to spot risks during pregnancy, carry out a pre-birth assessment and plan before the baby arrives.

The guidance is Working Together to Safeguard Children 2026. It says concerns “may arise during pregnancy” and asks practitioners to “identify pre-birth risk factors early” and “undertake timely pre-birth assessment”. Our guide to a pre-birth assessment explains what that involves and how to prepare.

If the mother is taking drugs while pregnant, ask to be included

Where the worries are serious, professionals can also hold a child protection conference before the birth. The same guidance asks professionals to “consider the wider family network, including fathers and male carers”. So ask the social worker to include you, and give them your contact details. Then say in writing that you want the council to consider you as a carer if the baby cannot safely live with the mother. A short email is enough, for example: “I am the father of [her name]’s unborn baby, due on [date]. Please include me in any pre-birth assessment and child protection conference, and assess me as a carer for the baby. My phone number is [number].”

Drug or alcohol misuse, including drugs during pregnancy, is one of the risks social workers look for. It often sits alongside domestic abuse and mental health problems. Our guide to the toxic trio explains why. Section 47 of the Children Act 1989 is written about a child, and no court can make orders before the birth. But Working Together 2026 says that where there are concerns that an unborn child is likely to suffer significant harm at birth, practitioners should act without delay, in line with their section 47 duties. So before the birth the work is assessment and planning, ready for the day the baby arrives. Our guide to section 47 enquiries covers what happens once they start.

Do you need a DNA test before the birth?

Usually not, because you can raise concerns about drugs during pregnancy without one. A pre-birth DNA test is only possible if the mother agrees. No court can order a DNA test on an unborn baby. Court-directed tests come only after the birth.

A test during pregnancy usually works from a sample of her blood. Even after the birth, when a court can direct tests, section 21 of the Family Law Reform Act 1969 says a sample shall not be taken from anyone aged 16 or over “except with his consent”. If they refuse, the court can draw inferences from that. A baby’s sample can be taken if the person caring for the baby consents or, if they refuse, where the court considers it in the baby’s best interests.

So if you are unsure whether you are the father, the answer normally comes after the birth. Our guide to a paternity test while pregnant explains the tests, the consent rules and why the results matter in court.

Father’s rights before birth: where do you stand?

Before the birth a father has no parental responsibility, because the law treats a child’s rights as starting at birth. What you can do is raise concerns about drugs during pregnancy and ask to be part of the plan. The right first step depends on where things stand now.

Check your situation in two questions

What happens at the birth if social services are worried?

A mother taking drugs while pregnant does not lose her baby automatically, and concerns alone do not allow anyone to take a baby away. Nobody can remove a newborn from a parent without the agreement of a parent with parental responsibility, police protection, or a court order such as an emergency protection order or an interim care order. A father without parental responsibility cannot refuse that agreement, so sort out parental responsibility as soon as you can.

Each route has its own test. A police officer can act under section 46 of the Children Act 1989 where there is reasonable cause to believe a child would otherwise be likely to suffer significant harm. That power includes stopping anyone removing a baby from hospital.

For an emergency protection order under section 44, the court must be satisfied that there is reasonable cause to believe the child is likely to suffer significant harm if not removed, or if not kept where they are, such as in hospital.

For a final care order, section 31 requires the court to be satisfied that the child is suffering, or is likely to suffer, significant harm. The harm must be because the care given, or likely to be given, is not what it would be reasonable to expect a parent to give. For an interim care order, section 38 asks whether there are reasonable grounds for believing that test is met. Our guide to interim and final care orders explains the stages.

If the mother wants to stop, ask whether her area has a family drug and alcohol court. Our guide to the Family Drug and Alcohol Court explains how it works with parents.

Can a father get custody of a newborn?

Yes, it can happen. If the council is looking after the baby, under a court order or by agreement, section 22C of the Children Act 1989 says the council must arrange for the baby to live with a parent, unless that would not be consistent with the baby’s welfare or would not be reasonably practicable.

If you can offer the baby a safe home, tell the social worker early, ideally before the birth. Show them the support around you: family, a suitable home, and a plan for work and childcare. Parental responsibility matters here as well. Under section 20(7), a council cannot accommodate a child by agreement if a person with parental responsibility objects and is willing and able to provide or arrange a home. That objection does not stop the council applying to court.

In a dispute between parents, and sometimes within care proceedings too, the court decides where a child lives through a child arrangements order under section 8. Our guide to child custody for fathers covers that route, and our guides to child arrangements and what rights a father has to see his child explain what follows.

After the birth: proving you are the father and getting parental responsibility

Once your baby arrives, you can settle paternity and gain parental responsibility. Both give you a stronger voice if worries about her drug use carry on after the birth. An unmarried father gets parental responsibility in three ways: registering as the father on the birth certificate, a parental responsibility agreement with the mother, or a court order, under section 4 of the Children Act 1989.

If anyone disputes paternity in proceedings, a court can direct DNA tests under section 20 of the Family Law Reform Act 1969. If someone does not comply, section 23 lets the court draw such inferences as appear proper. Our guide to court-directed DNA testing explains the process.

You can also ask the court to decide who the father is, under section 55A of the Family Law Act 1986. Our guide to a declaration of parentage covers that application. For the rest, see our guides to parental responsibility and to getting the father on the birth certificate.

Questions fathers ask

General information about the law in England and Wales, not advice on your circumstances.