In the year following the U.S. Supreme Court’s decision to dismantle the constitutional right to abortion, over 200 pregnant women faced criminal charges related to their pregnancies, according to a report by Pregnancy Justice, an advocacy group for pregnant individuals. These charges, documented in 12 states, primarily focused on allegations of substance use during pregnancy. The report highlights an increase in the criminalization of pregnancy-related conduct following the Supreme Court’s ruling.
The prosecution of pregnant women under child abuse or endangerment charges, using the concept of fetal personhood, intends to protect fetuses and incentivize pregnant individuals to seek treatment for substance use disorders. However, critics argue that these prosecutions deter people from seeking care out of fear of being arrested or losing custody of their children, especially impacting low-income individuals.
Alabama leads the nation in prosecuting pregnant women, with nearly half of the cases documented in the report originating from the state. The state’s fetal personhood laws, which grant legal rights to fetuses, have enabled the prosecution of pregnant women for conduct that could harm the fetus. Similar fetal personhood bills were introduced in other states, but none made it out of committee.
The report also highlights cases where allegations specifically mentioned abortion, leading to charges such as homicide, child neglect, or abuse of a corpse. Proponents of charging pregnant women argue that it protects unborn children, while critics view it as an infringement on pregnant individuals’ rights and a deterrent to seeking healthcare. Overall, the report sheds light on the growing trend of pregnancy criminalization in states following the legal changes on abortion rights.
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