How the Criminalization of Pregnancy Robs Women of Reproductive Autonomy

Area of Science:

• Law and Society
• Reproductive Health
• Criminal Justice

Background:

• The case of Regina McKnight, convicted of "homicide by child abuse" for experiencing a stillbirth, marked a significant legal precedent.
• This conviction has been followed by similar prosecutions, particularly targeting poor women of color, raising concerns about reproductive justice.
• Over one-third of US states criminalize pregnant women's illicit drug use as child abuse, leading to severe legal consequences.

Purpose of the Study:

• To analyze the legal and social implications of prosecuting women for stillbirths and adverse pregnancy outcomes.
• To examine how fetal protection laws are being repurposed to criminalize pregnant women.
• To investigate the impact of these criminalization trends on women's reproductive health and autonomy.

Main Methods:

• Legal case analysis, focusing on the Regina McKnight case and subsequent prosecutions.
• Examination of state laws related to pregnancy, child abuse, and drug use.
• Socio-legal analysis of the impact on women's reproductive rights and autonomy.

Main Results:

• McKnight's conviction was not an isolated incident but has inspired a pattern of prosecuting women for pregnancy outcomes.
• Existing laws, including those meant to protect pregnant women, are used to facilitate these prosecutions.
• The criminalization process humiliates women, disrupts reproductive healthcare, and undermines reproductive autonomy.

Conclusions:

• The criminalization of pregnant women, particularly poor women of color, represents a significant threat to reproductive autonomy and justice.
• Medical professionals are increasingly expected to participate in this system, further complicating patient care and trust.
• Urgent legal and policy reforms are needed to address these injustices and protect pregnant women's rights.