Criminalization of Pregnancy & Reproductive Health

NACDL is committed to helping defense attorneys navigate a wide range of pregnancy and abortion related cases. NACDL is building a hub for information, practice materials, trainings, briefs, news, and more. These resources provide counsel with the tools and education they need to defend those charged with seeking, providing, or abetting abortions, as well as prosecutions related to pregnancy outcomes or behavior while pregnant.

As a leader in the fight against overcriminalization and mass incarceration, NACDL is committed to providing the defense bar with the tools they need to take on the complex and varied cases arising from the Supreme Court’s decision to overturn Roe v. Wade. Resources will include legal news, information on in-person and virtual trainings, and court filings focused on the specific issues defenders will encounter in these cases. These tools support lawyers in their defense of cases ranging from child endangerment to homicide brought against a wide array of individuals, including women charged for their pregnancy outcomes or actions while pregnant, abortion seekers, providers, and those caught up in the wide net of related conspiracy and accomplice statutes. Initial funding for this work was made possible by funds from the NACDL Foundation for Criminal Justice, and the Evelyn D. Reimer Fund at the NFCJ.

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Reference Library

Tools to assist defense lawyers in representing clients facing these charges, such as training videos and materials, legal reference documents, and pleadings. The library is developing so please bookmark the page to see what is new. Have a great addition to share with others? Please contribute a resource item.

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State-by-State Summaries

NACDL’s CPHRP has worked with dozens of law professors and other legal experts to create this overview of relevant state laws including existing abortion laws, trigger laws that are or will soon be in effect, pre-Roe statutes that prosecutors might invoke, and fetal personhood laws. NACDL is committed to developing resources to prepare attorneys to advise clients and defend cases in the face of the criminalization of personal choice and health.

NACDL provides practice material submitted or shared by members and non-members, as well as external links to reliable sources, and more. NACDL does not endorse or verify the content of third-party materials posted here and advises all to check that the law is current and relevant to their jurisdiction. Information provided should not be construed as legal advice.

abortion report