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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.
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
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
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
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
An illustration shows a portrait of an older Indigenous woman, wearing a red and white tribal headband, beaded necklaces and shirt. Clouds and a purple moon are in the background.
Life Inside July 14
While Doing Time in a California Prison, I Was Given a Hysterectomy Without My Consent
Moonlight Pulido believed she was having surgery to remove growths from her uterus. In a brutal bait-and-switch, she was sterilized.
By Moonlight Pulido as told to
An illustration in purple tones shows a portrait of a woman with blue eyes, with her hair down and wearing a tank top.
Life Inside July 7
A Texas Jail Delayed My Prenatal Care to Keep Costs Down. Then I Had a Miscarriage.
Collin County Jail failed to send a bleeding, cramping Lauren Kent to an outside OB-GYN. In a lawsuit, she blames their “cost-containment” strategy.
By Lauren Kent as told to
Silhouettes of staff members looking through window blinds to view a parking lot.
Life Inside June 30, 2023
Reproductive Healthcare Behind Bars Was Dismal Even Before Roe Ended
Abortion is just one part of a greater story about how indifferent — and even cruel — reproductive healthcare can be in prisons and jails.
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