In recent years, the United States has witnessed a troubling rise in the criminalization of pregnancy, where individuals are prosecuted for actions during pregnancy that are deemed harmful to the fetus. This trend not only infringes upon women’s autonomy but also disproportionately affects marginalized communities, particularly low-income women and women of color.
Legal frameworks have increasingly adopted the concept of “fetal personhood,” granting rights to fetuses and, in turn, imposing restrictions on pregnant individuals. Such interpretations have led to cases where women are charged with crimes ranging from manslaughter to abuse of a corpse following miscarriages or stillbirths. For instance, Marshae Jones in Alabama was indicted for manslaughter after being shot during a fight, resulting in a miscarriage. Although charges were dropped, the case highlighted the precarious legal position of pregnant women.AP NewsWikipedia
The implications of such criminalization are far-reaching. They deter women from seeking necessary medical care, fearing legal repercussions, and exacerbate existing health disparities. To uphold reproductive justice, it is crucial to reevaluate these legal approaches and focus on supportive policies that respect women’s autonomy and address the root causes of health inequities.
References
- Pregnancy Justice. (2023). The Rise of Pregnancy Criminalization. Retrieved from https://www.pregnancyjusticeus.org/rise-of-pregnancy-criminalization-report/Pregnancy Justice+5Pregnancy Justice+5Pregnancy Justice+5
- Pregnancy Justice. (2024). Pregnancy as a Crime. Retrieved from https://www.pregnancyjusticeus.org/wp-content/uploads/2024/09/Pregnancy-as-a-Crime.pdfPregnancy Justice
Urban Institute. (2023). Researching the Criminalization of Pregnancy: Data Barriers and Accountability. Retrieved from https://www.urban.org/catalyst-grant-program-insights/researching-criminalization-pregnancy-data-barriers-accountabilityUrban Institute
- The Guardian. (2025). The pain was worse than giving birth: why are so many women separated from their babies in prison?. Retrieved from https://www.theguardian.com/society/2025/may/06/the-pain-was-worse-than-giving-birth-why-are-so-many-women-separated-from-their-babies-in-prisonThe. The Guardian
