Summary
A recent report from Pregnancy Justice reveals that over 210 women faced criminal charges related to their pregnancies in the year following the Supreme Court’s overturning of Roe v. Wade. This marks a significant rise in pregnancy-related prosecutions, with many cases stemming from allegations of substance use, and highlights the growing trend of criminalizing pregnancy in several states, particularly those with restrictive abortion laws.
The report covers the period from June 2022 to June 2023, documenting 210 cases across 12 states, with Alabama accounting for nearly half of these prosecutions. Most charges involved substance use during pregnancy, often without evidence of harm to the fetus. Legal concepts such as fetal personhood, which grants legal rights to fetuses, have enabled authorities to interpret general laws—like child neglect and endangerment—to include pregnant individuals. This trend raises concerns about the implications for maternal health, as many of the women charged were low-income and faced barriers to accessing healthcare. The report underscores how the intersection of healthcare and the criminal justice system can deter individuals from seeking necessary medical care, further exacerbating health disparities, especially among marginalized populations.
Key Findings
- Increase in Prosecutions: The year after the Dobbs decision saw the highest number of pregnancy-related prosecutions recorded, highlighting a shift in how pregnancy is treated under the law.
- Substance Use Allegations: A significant majority of the charges were related to substance use, with many women being prosecuted under laws that do not require proof of harm to the fetus.
- Fetal Personhood: The expansion of fetal personhood laws has allowed for the criminalization of behaviors that may be perceived as harmful to a fetus, leading to charges that are often unrelated to actual harm.
- Impact on Maternal Health: The trend of criminalizing pregnancy raises concerns about maternal health outcomes, as fear of prosecution may deter women from seeking prenatal care and support.
Implications for Healthcare
- Healthcare Access: The report indicates that many of the women charged were low-income, reflecting broader issues of access to healthcare and support services for pregnant individuals.
- Surveillance and Reporting: Increased surveillance of pregnant individuals, particularly in states with strict abortion laws, has led to a reliance on healthcare providers to report suspected cases of substance use, which can further alienate patients from necessary care.
- Racial Disparities: The criminalization of pregnancy disproportionately affects Black and Indigenous women, who face higher scrutiny and are more likely to encounter punitive measures in healthcare settings.
This report serves as a critical reminder of the ongoing debates surrounding reproductive rights and the legal frameworks that govern pregnancy, emphasizing the need for policies that prioritize healthcare access and support rather than criminalization.
New report shows more than 200 pregnant people have faced criminal charges since Dobbs decision
Oct. 3 / Salon / Focuses on the legal intricacies of pregnancy criminalization, emphasizing the lack of required evidence for harm. Expert insights enrich the narrative, making it a valuable resource for understanding the implications. “ -- Shares Facebook Twitter Reddit Email Police responded to a call that a pregnant woman was overdosing . When they arrived, they administered Narcan , the...
More than 200 women faced criminal charges over pregnancy in year after Dobbs, report finds
Oct. 2 / Stltoday / Examines the broader implications of fetal personhood laws on pregnant individuals, linking them to increased criminalization. The article effectively underscores the societal and legal shifts since Dobbs. “ In the year after the U.S. Supreme Court dismantled the constitutional right to abortion in June 2022, more than 200 pregnant women faced criminal charges...
200+ women faced criminal charges over pregnancy in the year after Dobbs: report
Oct. 1 / Raw Story / Details the geographical distribution of prosecutions, particularly in Alabama, and critiques the reliance on fetal personhood laws. The report's emphasis on systemic issues in healthcare access is particularly poignant. “ In the year after the U.S. Supreme Court dismantled the constitutional right to abortion in June 2022, more than 200 pregnant women faced criminal charges...
200+ women faced criminal charges over pregnancy in the year after Dobbs: report
Oct. 1 / Raw Story / Reiterates key findings of the Pregnancy Justice report while providing additional context on legislative trends. Its focus on the disparities in prosecution rates among different demographics is particularly striking. “ In the year after the U.S. Supreme Court dismantled the constitutional right to abortion in June 2022, more than 200 pregnant women faced criminal charges...
Since Roe fell, hundreds of pregnancies have become crimes
Oct. 1 / Dailykos / Provides a critical perspective on the hypocrisy of political figures claiming to protect women while enabling punitive measures. The historical context of pregnancy criminalization adds depth to the discussion. “ Donald Trump is currently bragging about having ended the constitutional right to abortion while simultaneously—and creepily—declaring himself a great “...
Hundreds of Pregnant Women Prosecuted The Year After Roe v. Wade Fell
Sep. 24 / Rolling Stone / Highlights the alarming rise in pregnancy-related prosecutions post-Dobbs, backed by robust data from Pregnancy Justice. It effectively connects the dots between legal changes and real-world impacts on women. “ At least 210 women faced criminal charges related to pregnancy , abortion , pregnancy loss, or birth in the year after the Supreme Court ended the federal...