Prosecutors in blue states have deployed the concept of fetal personhood to punish women for pregnancy outcomes. Women who experience a miscarriage or stillbirth can face investigation and arrest if the state suspects unlawful involvement in their pregnancy loss. In Akers v. Maryland, Moira Akers had a stillbirth at home after a traumatic labor and delivery; her husband found her bleeding and called 911. A nurse told police to check the house, and officers found fetal remains. Ms. Akers reported a stillbirth and said she did not know what to do. State prosecutors charged her with first-degree murder and alleged she gave birth to a live baby and then killed it.
Many Americans assume that the criminalization of pregnancy is limited to red states with aggressive anti-abortion prosecutors and draconian bans on reproductive health care. But it isn't. In reality, prosecutors in blue states have also deployed the concept of "fetal personhood" to punish women for their pregnancy outcomes. When women experience a miscarriage or stillbirth, they are vulnerable to investigation and arrest if the state suspects they had an unlawful hand in their pregnancy loss.
She endured a traumatic labor and delivery. Her husband found her bleeding profusely and called 911 to take her to the hospital. That set off a chain of events that ultimately led to her arrest and prosecution. A nurse told the police: Go check her house to see what's going on. And when the police arrived, they found the fetal remains.
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