In the wake of the Supreme Court's decision to overturn Roe v. Wade, a troubling trend has emerged: a record number of women are facing criminal charges related to their pregnancies. In the first year following the ruling, 200 women were charged for actions associated with pregnancy, abortion, pregnancy loss, or birth, as prosecutors adopt more aggressive legal strategies.

One poignant case is that of Lauren Smith from South Carolina, who, after giving birth to her daughter Audrey in 2019, was blindsided when a caseworker informed her that her baby would not be coming home. A urine drug screen taken without her consent revealed marijuana use during her pregnancy, leading to her arrest six months later on felony child neglect charges. Smith, who claims the drug helped her cope with pregnancy-related discomfort, now faces a trial that could result in a decade-long prison sentence.

Experts highlight that Smith's situation is not isolated; hundreds of women across the U.S. have been arrested or lost custody of their children due to similar circumstances. Michelle Goodwin, a law professor and author, notes that these cases often hinge on the controversial legal concept of fetal personhood, which grants legal rights to fetuses and has gained traction in many states. This legal framework can lead to women being held accountable for actions perceived as negligent towards their pregnancies, even in cases of accidents or health issues.

The implications of these laws extend beyond individual cases. Doctor Katrina Mark, who works with pregnant women using drugs, warns that separating mothers from their children can cause lifelong trauma. She argues that punitive measures do not protect babies; instead, they deter mothers from seeking necessary healthcare and support.

South Carolina state representative John McCravie, a proponent of these laws, believes they serve as a deterrent to drug use among pregnant women. However, he acknowledges the need for balance, expressing concern over potential overreach in monitoring pregnant women.

As Lauren Smith continues to navigate the legal system, she reflects on the emotional toll of her situation. Despite passing multiple drug tests and attending parenting classes, she remains estranged from her daughter, who now lives with her paternal grandmother. The ongoing legal battle has also hindered her ability to find stable employment and housing, leaving her to grapple with feelings of unworthiness as a mother.

The growing trend of prosecuting women for pregnancy-related issues raises critical questions about women's rights, healthcare access, and the implications of fetal personhood laws in the United States.