Nationally, federal data shows that about 20% of pregnancies end in a loss, but only a small number are investigated as crimes. In several states, a positive drug test after a pregnancy loss can result in criminal charges for the mother, and even prison time.

Prosecutions related to pregnancy appear to have increased since the Supreme Court decision that overturned Roe v. Wade in 2022, according to Pregnancy Justice, a nonprofit that advocates for the legal rights of pregnant people. In the first year after the Dobbs decision — from June 2022 to June 2023 — there were at least 210 pregnancy-related prosecutions, researchers for the group found.

Here are some states where miscarriages and stillbirths have been investigated by the criminal legal system in recent years:

  • Alabama

  • Arkansas

  • California

  • Georgia

  • Ohio

  • Oklahoma

  • South Carolina

Archived at https://web.archive.org/web/20250402115455/https://www.themarshallproject.org/2025/04/02/law-pregnancy-california-ohio-georgia-alabama

  • 96ToyotaCamry@lemmy.world
    5·
    5 days ago

    The California cases were interesting, because at first I was almost inclined to agree with the prosecution, it seemed like blatant negligence. That being said, these people were clearly unwell, punishing them for the horrors brought forth by their poor decisions seems gratuitous. I think it would easily be a slippery slope without the sweeping ban that has been put in place on that.

    Punishments also do not prevent or deter these things from happening in the first place, IMO. Investing in things like education and making healthcare and treatment accessible do.

    I mean, even from a fiscally conservative standpoint, on paper it is substantially cheaper to rehabilitate people than it is to house them in a jail or prison. Tax payer funded slave labor sounds pretty good in comparison when you’re not paying taxes I guess.