Increased Prosecution of Pregnancy-Related Crimes Following the End of Roe v. Wade: Alabama and Oklahoma Lead the Charge

Since the landmark Supreme Court decision in Dobbs v. Jackson Women’s Health Organization ended federal protections for abortion rights, the number of women facing charges related to their pregnancies has surged. A recent study by Pregnancy Justice found that between June 2022 and June 2023, 210 women across the U.S. were charged with pregnancy-related offenses, most notably in Alabama and Oklahoma, according to a report by Alabama Public Radio.

A Spike in Prosecution Post-Roe

In the year following the fall of Roe v. Wade, a growing number of women have been charged for pregnancy-related crimes, often involving allegations of child abuse, neglect, or endangerment. The majority of these cases do not directly involve violations of abortion bans but instead focus on other aspects of pregnancy. In Alabama alone, 104 women faced such charges, and in Oklahoma, 68 more were prosecuted. This marks a significant shift in legal actions taken since the Supreme Court ruling, which has left states with broad discretion over reproductive rights enforcement.

Wendy Bach, a legal expert at the University of Tennessee College of Law, detailed one case involving a woman who gave birth to a stillborn baby. After making funeral arrangements, she was reported to the authorities and subsequently charged with homicide. Such cases highlight a growing concern about the criminalization of pregnancy loss and the consequences for women seeking medical help. Bach emphasizes that many cases like this one go unreported due to privacy concerns.

Fetal Rights and Legal Interpretations

A significant factor in the increase of prosecutions is the legal recognition of fetuses and embryos as persons. Several states, including Alabama, have laws that grant fetuses personhood rights, which has fueled the rise in pregnancy-related criminal charges. The Alabama Supreme Court, for instance, ruled that embryos could be classified as “extrauterine children,” expanding the scope of legal protections and triggering concerns among reproductive rights advocates. This legal shift has not only impacted abortion access but also extended the risks for women dealing with pregnancy complications or substance use.

The case numbers from 2022 to 2023 represent the highest recorded in a single year, but the Pregnancy Justice report also notes that these findings likely underrepresent the true scope of prosecutions. More than 1,800 cases were identified between 1973 and 2022, peaking in 2015 and 2017, but the data post-Dobbs marks a concerning escalation.

Impact of Legal Uncertainty on Women’s Health

Fear of prosecution is a key issue for women seeking reproductive healthcare. As highlighted in a recent ProPublica investigation, some women now avoid seeking medical help due to the risk of criminal charges. One tragic case involved a Georgia woman who died after taking abortion pills but hesitated to seek medical care. Her fear of being charged with a crime led to fatal consequences. Lourdes Rivera, president of Pregnancy Justice, points out that such fears are not unfounded. Despite exceptions in some states for self-managed abortions, women still face legal risks from alternative charges.

The implications of criminalizing pregnancy-related outcomes go beyond reproductive rights, placing vulnerable women at greater risk. Rivera stresses the need to decouple healthcare from punishment, arguing that the current environment only exacerbates existing challenges rather than addressing them.

Legal Implications and the Future of Reproductive Rights

The legal landscape for reproductive rights remains in flux as more states enact stricter laws and broaden legal definitions that grant rights to embryos and fetuses. States like Alabama and Oklahoma are leading the way in prosecuting pregnancy-related cases, but other states are expected to follow. The broader social and legal implications for women’s health, autonomy, and the treatment of pregnancy loss remain pressing issues in the years to come.

As advocacy groups continue to push for clearer distinctions between healthcare and criminal justice, the need for a balanced and humane approach to reproductive rights has never been more urgent. Without such changes, many more women may face legal repercussions for pregnancy-related outcomes, leading to even more tragic cases.