‘In a post-Dobbs world, every pregnancy loss is potentially suspect,’ said Dana Sussman, senior vice president of Pregnancy Justice.
January 21, 2026
By Rebekah Sager
Imagine the trauma of not only losing a pregnancy to a miscarriage, but then being arrested, jailed, and charged following the loss. According to legal scholars, the number of pregnant people being charged with crimes in connection with miscarriages, along with those charged in connection with abortions, is increasing.
In the fall of 2024, Pregnancy Justice, a national advocacy organization that defends the civil and legal rights of pregnant people, released a study documenting 210 pregnancy-related criminal cases brought in the two years that followed the U.S. Supreme Court’s decision in June 2022 in Dobbs v. Jackson Women’s Health Organization that reversed Roe v. Wade. A year later, the organization updated the figure to 412 pregnancy-related criminal cases. Many of those cases concerned substance abuse during pregnancies that resulted in live births.