Nationally, federal data shows that about 20% of pregnancies end in a loss, but only a small number are investigated as crimes. In several states, a positive drug test after a pregnancy loss can result in criminal charges for the mother, and even prison time.
Prosecutions related to pregnancy appear to have increased since the Supreme Court decision that overturned Roe v. Wade in 2022, according to Pregnancy Justice, a nonprofit that advocates for the legal rights of pregnant people. In the first year after the Dobbs decision — from June 2022 to June 2023 — there were at least 210 pregnancy-related prosecutions, researchers for the group found.
Here are some states where miscarriages and stillbirths have been investigated by the criminal legal system in recent years:
Alabama
Arkansas
California
Georgia
Ohio
Oklahoma
South Carolina