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criminalizing drug use during pregnancy

Three items are arranged on a white surface: a salad in a white bowl, a copy of a sonogram, and a printout of a false positive drug test result.
News July 16
New Jersey Adopts Major Reforms Around Hospital Drug Testing of Pregnant Patients
Following Marshall Project reporting, the state now requires hospitals to confirm test results before reporting them to authorities.
By and
Melissa Robinson, a Black woman wearing a teal blue, magenta and black dress, smiles as she holds her daughter.
Feature July 16
Moms of Black Babies More Likely to Be Flagged to Police Over Alleged Pregnancy Drug Use
Child welfare referred Black parents to law enforcement 14,000 times in 7 years, despite no findings of abuse or neglect.
By and
A photo shows a large crowd of demonstrators. One person is holding a sign that reads, "Keep our country free of drugs."
Closing Argument March 14
How Hospitals Helped Erode Reproductive Rights
Criminal prosecutions sparked by hospital drug testing helped advance the legal concept that the fetus had interests the state could protect.
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Feature February 18
How Often Does Child Welfare Call Police in Your State for Positive Drug Tests at Birth?
The Marshall Project found 70,000+ allegations of pregnancy drug use referred to law enforcement, often based on unreliable drug tests.
By and
Two items are arranged on a white surface: a copy of a sonogram and a printout of positive drug test results.
Feature February 13
Having a Baby? 5 Tips to Avoid Problems From Flawed Drug Testing at the Hospital
Hospitals routinely use unreliable drug tests at childbirth, and many parents are reported to child welfare agencies and the police. Here’s what you can do.
By and
A photo shows a Black woman, with red hair and a white sweater, wiping the face of her young daughter while she sits on top of a kitchen table. Her eldest daughter, wearing pink hair ribbons and a blue Care Bears shirt, stands next to her while she looks at a phone placed on the table.
Feature February 10
Tens of Thousands of Mothers Were Flagged to Police Over Flawed Drug Tests at Childbirth
The Marshall Project found more than 70,000 cases referred to law enforcement over allegations of substance use during pregnancy — and that’s a significant undercount.
By and
A White woman, wearing glasses and a red dress, holds the hands of her young daughter, who is wearing a black long-sleeved shirt and patterned dress. They stand in front of their house.
News July 27, 2025
How Faulty Drug Tests Turn New Parents’ Lives Upside-Down
Watch our joint investigation with CBS Sunday Morning into how hospitals use unreliable test results to report parents to child welfare agencies.
By The Marshall Project
Three items are arranged on a white surface: a salad in a white bowl, a copy of a sonogram, and a printout of a false positive drug test result.
Feature June 9, 2025
From New York to Arizona, More States Consider Curbing Drug Testing at Childbirth
Some bills followed an investigation by The Marshall Project and Reveal that exposed the harms of widespread drug testing of pregnant patients.
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A White female doctor, wearing glasses, a gray jacket and blue scrubs, sits at her desk. Papers of children's hand drawings hang on the wall.
Feature April 2, 2025
Why Some Doctors Are Pushing to End Routine Drug Testing During Childbirth
Hospitals routinely report parents to child welfare authorities based on error-prone drug tests. Some hospitals are changing policy as a result.
By
An illustration shows a police officer in a blue uniform standing inside a dimly lit kitchen holding a walkie-talkie while looking outside the window. Outside the window, a woman is kneeling, with pale yellow light on her as she looks at a small grave.
News April 2, 2025
These States Have Investigated Miscarriages and Stillbirths as Crimes
A recent arrest in Georgia highlights the criminal suspicion that surrounds pregnancy loss in several states, experts say.
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