Experts Analyzed Criminalization of Pregnancy at NYU Law
Legal scholars addressed the rise of reproductive surveillance and criminal cases following the end of Roe v. Wade.
Updated on Sept. 25, 2026 in Sex Crimes
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At a recent NYU Law event, legal experts examined how states have increasingly criminalized pregnancy outcomes. The discussion highlighted a surge in investigations where medical environments have become sites of state surveillance.
Why it matters
The intersection of medical care and law enforcement has created new legal risks for patients, as miscarriages are increasingly categorized as criminal acts. This shift challenges established doctor-patient confidentiality and procedural norms in reproductive health.
Pregnancy Justice identified 412 criminal cases since 2022, with 76.9% of arrests occurring in states that expanded child abuse laws to cover fetuses and embryos. It remains unknown how many additional cases are processed through local, non-reported channels.
The players
Valena Beety
She is the co-founder of the Indiana Innocence Project and the author of the 2026 book Pink Crime.
Pregnancy Justice
This legal advocacy organization tracks pregnancy-related criminal prosecutions and monitors reproductive rights litigation.
NYU Law
This prestigious academic institution hosted a forum to discuss the legal implications of reproductive surveillance.
The details
Legal professionals warn that the Child Abuse Prevention and Treatment Act of 1974 is being reinterpreted by states to allow for the prosecution of pregnancy loss as manslaughter or abuse of a corpse. Consequently, some healthcare providers now delay patient care until consulting with law enforcement to navigate potential liability, while police utilize nationwide prescription databases to monitor patient medication histories.
Timeline
The Child Abuse Prevention and Treatment Act was passed in 1974.
Roe v. Wade was overturned in 2022.
The book Pink Crime was published in August 2026.
The NYU Law event took place on Wednesday, September 23, 2026.
Legal Context
The application of the 1974 Child Abuse Prevention and Treatment Act now frequently extends to pregnancy loss, marking a major departure from its original legislative intent. This trend follows a pattern where state laws are increasingly used to bypass traditional thresholds for criminal investigation.
The involvement of police in medical labor rooms and the tracking of prescriptions across state lines may lead to new security concerns regarding patient privacy. Residents in states with expanded child abuse definitions may face heightened risks of legal scrutiny during pregnancy-related medical procedures.
The takeaway
The criminalization of pregnancy outcomes reflects a growing reliance on state-level surveillance to monitor reproductive health. Patients and medical providers are encouraged to stay informed about local legal definitions that categorize miscarriages as potential criminal offenses.
Further reading
For additional context on legal trends, visit the Sex Crimes section.
Source note: This article includes information reported by Washington Square News.
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