After the 1973 Roe decision, anti-abortion groups responded with a strategic plan to reverse the decision and recriminalize abortion through laws that seek to codify the belief that life begins at conception. Some of these criminal statutes create a new crime for causing a pregnancy loss by injuring a pregnant person, and others expand the definitions of "person" or "another" to include zygotes, embryos, and fetuses under existing criminal codes for murder, manslaughter, or related charges.
When Fetuses Gain Personhood: Understanding the Impact on IVF, Contraception, Medical Treatment, Criminal Law, Child Support, and Beyond
After suffering setbacks, the fetal personhood movement has gained support. The theory of a fetus as a legal person has become the framework of anti-abortion states and was highlighted in Justice Alito's majority opinion in Dobbs, creating a path for a fetal right to life argument under the Due Process Clause of the Fifth and Fourteenth Amendments.
Based on misinformation that frequently appears in the media, many people believe that pregnant people who use any amount of a criminalized drug or alcohol will inevitably harm or even kill their fetus. But media hype is not the same as science, and popular news reports have misrepresented the facts about prenatal exposure to drugs.
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In the wake of the Supreme Court’s ruling eviscerating the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, it is more critical than ever that health care providers safeguard patients’ right to medical privacy.
Confronting Pregnancy Criminalization: A Practical Guide for Healthcare Providers, Lawyers, Medical Examiners, Child Welfare Workers, and Policymakers
For decades, pregnant people across America have been subjected to criminalization and deprivations of liberty on the basis of pregnancy or pregnancy outcomes. Women have been targeted by police and prosecutors, healthcare providers, child welfare workers, and judges who have sought to deprive them of their constitutional rights in the name of "fetal personhood.
With Roe in the Balance, NAPW Launches Multidisciplinary Confronting Pregnancy Criminalization Guide for Medical, Legal, Child Welfare, and Policy Professionals
June 23, 2022
As we await the anticipated fall of Roe and the subsequent loss of the constitutionally protected right to abortion, National Advocates for Pregnant Women today launched a first-of-its-kind, multidisciplinary guide to arm professionals with the tools and resources to reject the criminalization of pregnant people and their pregnancy outcomes — Confronting Pregnancy Criminalization: A Practical Guide for Healthcare Providers, Lawyers, Medical Examiners, Child Welfare Workers, and Policymakers.
NAPW Releases Groundbreaking Report — “Harming Fathers: How the Family Court System Forces Men to Regulate Pregnancy” ; Reproductive Justice Is For Men, Too
National Advocates for Pregnant Women today released the groundbreaking report Harming Fathers: How the Family Court System Forces Men to Regulate Pregnancy , which analyzes and documents dozens of cases from around the country in which men have been labeled as abusive or neglectful — even losing access to their children — for failing to control the behavior of the women during their pregnancies.
NAPW's groundbreaking report Harming Fathers: How the Family Court System Forces Men to Regulate Pregnancy analyzes and documents dozens of cases across the country in which men have been labeled as abusive or neglectful — even losing access to their children — for failing to control the behavior of women during their pregnancies.
People parent. People use drugs. People parent and use drugs. Despite how common this is, parenting and drug use is highly stigmatized, rarely talked about, and punishable by the state within both the criminal and family legal systems. But, we know that not all parents are faced with family separation and criminalization.
Medical Experts’ Amicus Brief in Support of Emily Akers, Arrested and Charged With Manslaughter for Pregnancy Loss in Oklahoma
Emily Akers of Oklahoma experienced a pregnancy loss at 20 weeks and was charged with manslaughter based on the theory that methamphetamine use caused the stillbirth. This brief, filed by attorney John Coyle on behalf of local and national medical experts, underscores that there is no evidence-based research to support the prosecution’s theory that methamphetamine causes stillbirths.