A recent study by the advocacy organization Pregnancy Justice has revealed that Oklahoma ranks second in the nation for pregnancy-related prosecutions in the year following the overturning of Roe v. Wade. From June 24, 2022, to June 23, 2023, at least 210 such prosecutions were recorded across the United States, marking the highest annual total documented to date. Alabama led the country with 68 prosecutions during the same period.
The report suggests that the true number of cases may be even higher, as the research team continues to uncover additional instances from the year. With enhanced resources, the team was able to identify more cases than in previous years.
Many defendants involved in these cases are from low-income backgrounds, with charges predominantly citing child abuse, neglect, or endangerment. Notably, prosecutors frequently filed charges against pregnant individuals without necessitating evidence of harm to a fetus or infant.
Janet Levit, a law professor at the University of Tulsa, teaches a practicum on reproductive rights in collaboration with the O’Neill Institute for National and Global Health Law at Georgetown University. This partnership aims to educate students about reproductive rights and justice through various projects.
In response to outreach from Pregnancy Justice seeking assistance in identifying cases of criminalization related to pregnancy, Levit enlisted her students to investigate. They examined reports from media outlets like The Frontier to locate relevant cases, searched electronically for court documents, and gathered public records documenting criminal child neglect charges, which were then forwarded to Pregnancy Justice.
The study highlighted instances where pregnant individuals in Oklahoma, who possessed legal medical marijuana cards, faced prosecution. Levit noted that the state has fostered an environment conducive to these prosecutions by applying its child neglect laws to include “unborn children.” A significant 2020 ruling by Oklahoma’s Court of Criminal Appeals established that pregnant individuals could be charged with child neglect for drug use during pregnancy.
The ruling stated, “Acts of illegal drug exposure against an unborn human offspring may be prosecuted as child neglect,” and emphasized that the law’s definition of “human being” was amended to encompass “unborn children.”
Levit explained that charges often stem from substance use during pregnancy, which may involve both illegal drugs and legally prescribed medications. In the cases her students reviewed, several pregnant individuals had legal medical marijuana cards, but upon their babies’ birth, traces of substances such as marijuana, methamphetamine, and opioids were detected in their meconium—the newborn’s first stool. A majority of these cases were related to marijuana use.
Investigations are ongoing regarding how such results are reported to law enforcement. Levit indicated that law enforcement agencies typically do not pursue cases based on drug laws; instead, they rely on child neglect statutes. Notably, some individuals have faced charges despite giving birth to healthy babies, and many reportedly enter plea agreements.
“The consequences often include having their children removed from their care, which has negative implications for families in Oklahoma,” Levit stated.
The repercussions of these prosecutions extend to other individuals dealing with addiction. Levit cautioned that pregnant women may hesitate to seek treatment for fear of legal repercussions, potentially jeopardizing their health and that of their unborn children.
“If a pregnant woman fears her substance use might be detected during prenatal care or at the time of delivery in a hospital, she may avoid seeking necessary medical attention. This, in turn, can lead to unhealthy outcomes for the child and may result in home deliveries, as noted in the report,” she explained. “This creates a significant disincentive for seeking help.”
Levit expressed concern over the intersection of pregnancy criminalization and Oklahoma’s high rates of female incarceration, which are among the highest in the nation. This issue is compounded by the growing momentum of the fetal personhood movement within a state that already has several statutes recognizing fetal rights.
During the last legislative session, the Oklahoma legislature considered House Bill 3002, which aimed to grant rights to unborn children, designating them as potential victims of battery and aggravated assault. Although the bill did not progress to the Senate floor, some lawmakers raised alarms over its possible implications for fertility treatments, fearing that harm to embryos during procedures could be construed as unlawful force. This discussion arose shortly after legislation in Alabama prompted the closure of fertility clinics due to fears of legal action.
“Although the battery law did not pass, several existing laws in Oklahoma already recognize some level of prenatal personhood. This could indicate a gradual progression toward full prenatal personhood in the state,” Levit warned.
You Might Be Interested In:
-
Research Highlights Importance of Feedback in Youth Mental Health Care
-
Understanding Why Some Children Develop PTSD and Anxiety After Trauma
-
The Crucial Role of Teenage Friendships in Shaping Adult Wellbeing
