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Record Surge in Pregnancy-Related Prosecutions Post-Dobbs Ruling

New report reveals over 210 criminal cases against pregnant individuals in the first year after Roe v. Wade was overturned, highlighting the rise of fetal personhood laws.

WASHINGTON, DISTRICT OF COLUMBIA, UNITED STATES - 2023/04/15: Activists holding abortion rights signs shout slogans while joining in a rally.  Abortion rights activists rallied  outside the US Supreme Court in Washington, DC.  On April 14, the Court temporarily preserved access to mifepristone, a widely used abortion pill, in an 11th-hour ruling preventing lower court restrictions on the drug from coming into force. (Photo by Probal Rashid/LightRocket via Getty Images)
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Beyond Roe Coalition and MassNOW rally on Boston Common in response to the U.S. Supreme Court decision overturning Roe v. Wade in Boston, Massachusetts, on June 24, 2022.
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Overview

  • A new report by Pregnancy Justice documents 210 criminal cases related to pregnancy in the year following the Dobbs decision, the highest annual number recorded.
  • The majority of these cases involved allegations of substance use during pregnancy, often leading to charges of child endangerment or neglect.
  • 22 cases specifically involved prosecutions for miscarriages, stillbirths, or the death of babies born prematurely.
  • Alabama, Oklahoma, and South Carolina, states with strong fetal personhood laws, accounted for the majority of these prosecutions.
  • Medical settings played a significant role in these prosecutions, with over half of the cases initiated based on evidence collected by healthcare providers.