Pregnancy Criminalization, Surveillance, and the Child Welfare System

rePROs Fight Back

Pregnancy criminalization—often rooted in fetal personhood laws and anti-drug sentiment—has a long history and applies criminal suspicions to those who have pregnancies resulting in miscarriages or stillbirths. Lourdes Rivera, President of Pregnancy Justice and Dr. Dorothy Roberts, professor of Africana Studies, Law, and Sociology at the University of Pennsylvania and author of Torn Apart: How the Child Welfare System Destroys Black Families—and How Abolition Can Build a Safer World, sit down to talk with us about pregnancy criminalization, the child welfare system, and how Roe’s overturning further impacts rates of criminalization.

Themes of compelling people to give birth, the separation of families, and the criminalization of pregnancy reaches back to the United States’ slavery era. Pregnancy criminalization heavily unfolded during the U.S.’ crack cocaine epidemic in the 1980s, disproportionately targeting Black women and turning a public health matter into a criminal one. These reproductive liberties, which have been consistently attacked throughout U.S. history, are further constrained with the repeal of Roe. Mandatory reporters within the current child welfare system are much more likely to report Black women to child protection authorities, as well as impoverished patients.

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