In the first two years after the US supreme court overturned Roe v Wade, prosecutors in 16 states charged more than 400 people with pregnancy-related crimes, new research released on Tuesday found.
Of the 412 cases tracked by Pregnancy Justice, the vast majority took place in the US south, targeted low-income women and involved allegations that women broke laws against child abuse, endangerment or neglect, according to the research, which was compiled by the reproductive justice group. About 300 prosecutions took place in Alabama and Oklahoma. In 16 cases, law enforcement charged women with homicide.
Because there is no national database of US arrest or court records, the group believes the tally is likely to be an undercount. In a report released in September 2024, Pregnancy Justice said it had recorded 210 pregnancy-related prosecutions in the first year after Roe fell – the highest number ever recorded at that time. Pregnancy Justice is now devoting more resources to unearthing records of pregnancy-related prosecutions, so the group can’t say for sure whether these prosecutions are on the rise post-Roe or whether they are simply tracking them more closely.
Nearly 400 of the cases included in the new report involved allegations of substance use during pregnancy. In an example described to the Guardian, after one woman gave birth, the hospital tested her umbilical cords for drugs. When the test came back positive for marijuana, the woman was arrested for felony child neglect, even though she had a medical marijuana card.
The laws used in most of these prosecutions, Pregnancy Justice pointed out, are typically meant to protect children, not fetuses. By prosecuting pregnant women under them, the group says, states are cementing the legal doctrine of “fetal personhood”, which seeks to grant embryos and fetuses full legal rights and protections – sometimes at the cost of the rights of the woman carrying them. Alabama and Oklahoma are both hubs for the growing fetal personhood movement.
“That is the ultimate goal of the anti-abortion movement,” said Dana Sussman, senior vice president at Pregnancy Justice, which scoured court and police records to find the cases. “It wasn’t just to overturn Roe. It is to establish full personhood, full rights for embryos and fetuses.”
Sussman said a number of women have faced criminal consequences for taking substances that were legal or prescribed to them. For that reason, Donald Trump’s claim last week that pregnant women who take Tylenol may give their children autism, raised alarms. Scientific research does not support this claim.
“It’s a perfect storm of all of the things that we work on: stigmatizing pregnant people for not being perfect pregnant people, blaming them for their perceived failures, and relying on misinformation and junk science to create a panic when there shouldn’t be one or isn’t one – while also increasing surveillance in the police state to monitor and potentially criminalize people when they don’t when they don’t meet these impossible ideals,” Sussman said.
Only 31 of the cases documented by Pregnancy Justice included a stillbirth or miscarriage, while almost 300 of the cases led to a live birth.
A woman whose case was included in the Pregnancy Justice report reportedly didn’t realize she was pregnant until she started to feel intense pain in her stomach. The woman, a new immigrant to the US, suspected that she had food poisoning and decided to drive herself to the hospital.
Before she could get in the car, however, the woman started to give birth. She ultimately delivered what police records listed as a stillbirth. Pregnancy Justice did not factcheck the cases in the report and could not say whether the fetus was past 20 weeks of pregnancy, after which the term stillbirth is used. After police found the remains, the woman was charged with abuse of a corpse.
The report indicates there are far more cases of miscarriage criminalization than have made national headlines. In one widely covered case in late 2023, police charged a Ohio woman with felony abuse of a corpse after she miscarried into a toilet. In another, earlier this year, a Georgia woman who had been found bleeding and unconscious after a miscarriage faced one count of concealing the death of another person, and one count of throwing away or abandonment of a dead body. The charges against both women were ultimately dropped.
Nine cases discovered by Pregnancy Justice involved allegations that women had considered abortions, such as ordering abortion pills or looking for information about abortion online. Only one woman in those cases was charged with violating a criminal abortion ban, likely because it is legal in most states to “self-manage” one’s own abortion. US abortion bans tend to penalize providers and people who help abortion patients, not the patients themselves.
In 2025, lawmakers in at least 12 states – including Alabama and Oklahoma – introduced legislation that would treat fetuses as people, which would leave women who have abortions vulnerable to being charged with homicide. In several of those states, that charge would carry the death penalty.
“What our work has proven is that, unfortunately, anything is possible when it comes to policing pregnancy,” Sussman said.
