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Pro-choice and anti-abortion activists rally outside of the U.S. Supreme Court in 2022 in Washington, D.C.

Prosecuting Pregnancy

Stories from The Marshall Project and our partners about the criminalization of pregnant people and the effects of the U.S. Supreme Court’s decision to overturn Roe v. Wade.

If you’d like to reach a reporter working on stories like these, please email us at postroe@themarshallproject.org.

Kevin Dietsch/Getty Images
Feature
These States Are Using Fetal Personhood to Put Women Behind Bars
Hundreds of women who used drugs while pregnant have faced criminal charges — even when they deliver healthy babies.
A White woman with light blonde hair looks at a photo she is holding in her hands of her daughter in a blue graduation gown.
An illustration shows a police officer standing inside of a dark, blue and green kitchen holding a walkie-talkie while looking outside the window. Outside the window, a woman is kneeling, with bright yellow light on her as she looks at a small grave.
Feature October 31
Some States Are Turning Miscarriages and Stillbirths Into Criminal Cases Against Women
How a person handles a pregnancy loss — and where it occurs — can be the difference between a private medical issue and facing criminal charges.
By
A White woman, wearing a white tank top and a label that reads "Forced motherhood is female enslavement," yells while holding a sign that reads, "Stop the war on bodily autonomy." People are protesting in the background.
Closing Argument June 1
How Abortion’s Legal Landscape Post-Roe is Causing Fear and Confusion
We spoke with seven reproductive rights organizations — here’s what we found.
By and
Protesters held signs at a protest in Chicago, some of which read: "Abortion Access Everywhere!", and "My Body Now and Forever".
News March 26
Even Where Abortion Is Legal, People in Jail Face Huge Barriers
New reviews of jail policies in 13 states found vague, confusing or nonexistent guidelines and major hurdles to obtaining an abortion.
By
Amanda Aguilar, a woman with light-toned skin and red hair, wears a red tank top and denim shorts while sitting on a lawn chair outside her home.
Feature February 14
Medical Marijuana Is Legal, But Oklahoma Is Charging Women for Using It While Pregnant
Courts are set to decide if using the drug during pregnancy is a crime, even as a growing number of women in the state face prosecution.
By Brianna Bailey, The Frontier
Jessica Jackson goes through a pile of photos and paperwork that documented her life before and after her parental rights were taken away, while sitting in her living room in Conway, S.C. on August 11, 2023. Jackson tested positive for drugs while she was pregnant with her daughter. Under South Carolina policies, she ended up losing her parental rights and was placed on a child abuse registry. Only one of her children lives nearby, with the others living in other states.
Feature December 4, 2023
Pregnant Women in South Carolina Face Severe Consequences for Using Drugs
Some doctors and lawyers contend the prosecutions are based on faulty science.
By Jocelyn Grzeszczak and Eva Herscowitz, The Post and Courier
Life Inside November 17, 2023
Being a Corrections Officer Is Hard Enough. Doing the Job While Pregnant Is a Nightmare.
Lia McKeown says a California prison refused to adjust her job duties to accommodate her pregnancies. Now she’s suing for discrimination.
By Lia McKeown as told to
A layered collage illustration shows Monroe County sheriff’s investigator Spencer Woods in black and white. Behind him is an image of the Monroe County Detention Facility with a written guilty plea for the charge of child abuse, with “took drugs” in parentheses. On the left of the image is a baby ultrasound on an orange background. Underneath the ultrasound is an excerpt of court documents from the State of Mississippi.
Feature November 16
They Were Prosecuted for Using Drugs While Pregnant. But It May Not Have Been a Crime
Dozens of women in Mississippi have been charged with child abuse crimes that, based on existing state law, they may not have committed.
By Anna Wolfe, Mississippi Today
A young Black girl, wearing a yellow blouse, plays with seashells on a kitchen countertop. A Black woman, wearing a red blouse and red lipstick, stands with her hands on her hips in the background.
Feature July 26
How One Alabama County Declared War on Pregnant Women Who Use Drugs
Some women were prosecuted for smoking marijuana before they even knew they were expecting.
By Amy Yurkanin, AL.com
An illustration shows a portrait of a woman with green eyes, wearing a blouse and earrings. Clouds and yellow sun rays are in the background.
Life Inside July 21, 2023
A New Law Gave Me 1 Year With My Babies Before Heading to Prison. How Will I Say Goodbye?
Minnesota’s Healthy Start law allowed Victoria Lopez to begin her seven-year prison sentence at home with her infant twins. Now comes the separation.
By Victoria Lopez, as told to
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