A new report from the legal reproductive justice group If/When/How has shed light on the criminalization of pregnancy-related actions in the United States. The report reveals that between 2000 and 2020, 61 individuals, including seven minors, faced criminal investigations or arrests for their involvement in terminating pregnancies or helping others do so.
Despite the constitutional protection of abortion under Roe v. Wade and the availability of medication abortion during this period, these 61 people were criminally prosecuted across 26 states for self-managing their abortions. Remarkably, only seven states explicitly prohibited self-managed abortions.
In most cases, individuals were charged under laws that were never intended for self-managed abortions, including statutes related to fetal remains, child abuse, felony assault, practicing medicine without a license, or homicide. This array of charges created significant legal uncertainty for those who self-managed abortions, especially in states with no explicit prohibitions.
The report found that 87% of cases reported to the police led to arrests once adults who had allegedly self-managed abortions were involved. These reports were typically made by trusted individuals such as healthcare providers, social workers, or acquaintances, even though there was no legal requirement for care providers to report self-managed abortions. Notably, reporting a patient for self-managing an abortion without a specific legal obligation may violate the Health Insurance Portability and Accountability Act (HIPAA).
The report highlights the profound and lasting consequences of involvement in the criminal legal system, including threats to an individual’s health, stigma, isolation, financial instability, unwanted media attention, and ongoing surveillance.
Those who were criminalized for self-managing abortions often became entangled with other state agencies, such as immigration or family regulation systems, potentially leading to detainment, deportation, or the loss of parental custody. In fact, the report revealed that 30% of known parents who faced criminal charges for self-managing abortions temporarily or permanently lost custody of their children.
The researchers argue that trends in the criminalization of self-managed abortion are likely to reflect the societal patterns of marginalization based on race, class, immigration status, and other factors. They assert that the criminalization of self-managed abortion is fundamentally about controlling specific groups of people, rather than addressing behaviors.
The report underscores the need for a clear separation of punitive legal systems from people’s healthcare and self-determination, and calls for greater awareness of the threats of criminalization related to abortion stigma and oppressive laws.
In recent years, the threat of criminal charges has grown for individuals seeking abortions, even as access to safe and effective medication abortion has improved. The report emphasizes that as abortion comes under increased state surveillance and control, it is crucial to understand the reality of abortion criminalization to ensure that people can access the care they need without fear of prosecution.
While Nevada is currently the only state with a self-managed abortion ban, conservative lawmakers across the country are pushing legislation that would introduce criminal penalties for people seeking abortions. Legal experts warn that access to safe and effective medication abortion should be preserved, and the criminalization of abortion should be addressed to ensure that individuals can obtain the care they need safely and without legal repercussions.
