Publications

Who Do Fetal Homicide Laws Protect? An Analysis for a Post-Roe America

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.

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.

Harming Fathers: How the Family Court System Forces Men to Regulate Pregnancy

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.

Issue Brief: Parenting and Drug Use

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.

Violence Against Women in the Medical Setting: An Examination of the U.S. Foster System

On May 31, 2019, National Advocates for Pregnant Women (NAPW), along with Movement for Family Power and 20 non-governmental organizations, activists, public defense offices, academics, and others who work every day to advance the human rights of pregnant and parenting people submitted a set of recommendations to the United Nations Special Rapporteur on Violence against Women regarding the United States child protection and foster system.