A new 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 overturn of Roe v. Wade. Between June 24, 2022, and June 23, 2023, over 210 pregnancy-related prosecutions were recorded nationwide—marking the highest such number documented in a single year.
Oklahoma trailed only Alabama, which saw 68 prosecutions, with the state emerging as a focal point in the growing debate over pregnancy-related criminalization. The report suggests that the actual number of cases could be even higher, as researchers continue to uncover additional instances and work with increased resources to identify more cases than in previous years.
The majority of the defendants involved in these cases are low-income individuals, with most facing charges of child abuse, neglect, or endangerment. In many instances, prosecutors pursued cases against pregnant people without needing to provide evidence that the fetus or newborn was harmed.
One such case is tied to Oklahoma’s 2020 legal precedent, where the Court of Criminal Appeals ruled in State v. Green that pregnant people could be charged under child neglect laws for using substances during pregnancy. While the original statute did not explicitly include “unborn child,” the court’s decision expanded the definition to encompass it, allowing prosecutors to pursue such cases.
Janet Levit, a law professor at the University of Tulsa who teaches reproductive rights alongside the O’Neill Institute for National and Global Health Law, has partnered with local organizations to track these cases. Her students worked with Pregnancy Justice to review media reports and public records, such as charging documents, to identify incidents where Oklahoma’s criminal child neglect laws had been applied to pregnant individuals.
A key example highlighted in the study involves pregnant Oklahomans who hold legal medical marijuana cards but were still prosecuted after traces of marijuana, methamphetamine, or opioids were found in their newborns’ meconium—a test of a newborn’s first stool. This has been a common factor in the cases reviewed by Levit’s practicum, where the criminal charges often related to the use of substances, even if legally prescribed or used under a medical license.
The findings have sparked widespread concern about the rising trend of prosecuting pregnant individuals for substance use, as well as the broader implications for reproductive justice in states like Oklahoma. While some argue these measures are necessary for protecting unborn children, critics argue that such prosecutions disproportionately affect low-income and marginalized communities.
As the situation continues to evolve, the legal landscape surrounding pregnancy-related prosecutions will likely remain a contentious issue in both Oklahoma and across the nation.
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