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pregnancy
In Blow to 'Fetal Personhood' Push, Alabamian Serving 18 Years After Stillbirth Gets New Trial
"I'm hopeful that my new trial will end with me being freed, because I simply lost my pregnancy at home because of an infection," said Brooke Shoemaker, who has already spent five years in prison.
Dec 30, 2025
While Brooke Shoemaker and a rights group representing her in court are celebrating this week after an Alabama judge threw out her conviction and ordered a new trial, her case is also drawing attention to the dangers of "fetal personhood" policies.
"Laws and judicial decisions that grant fetuses—and in some cases embryos and fertilized eggs—the same legal rights and status given to born people, such as the right to life, is 'fetal personhood,'" explains the website of the group, Pregnancy Justice. "When fetuses have rights, this fundamentally changes the legal rights and status of all pregnant people, opening the door to criminalization, surveillance, and obstetric violence."
Since the US Supreme Court's Dobbs v. Jackson Women's Health Organization ruling ended the federal right to abortion in 2022, far-right activists and politicians have ramped up their fight for fetal personhood policies. Pregnancy Justice found that in the two years after the decision, the number of people who faced criminal charges related to their pregnancies hit its highest level in US history.
Shoemaker's case began even earlier, in 2017, when she experienced a stillbirth at home about 24-26 weeks into her pregnancy. Paramedics brought her to a hospital, where she disclosed using methamphetamine while pregnant. Although a medical examiner could not determine whether the drug use caused the stillbirth—and, according to Pregnancy Justice, "her placenta showed clear signs of infection"—a jury found her guilty of chemical endangerment of a minor. She's served five years of her 18-year sentence.
"After becoming Ms. Shoemaker's counsel in 2024, Pregnancy Justice filed a petition alongside Andrew Stanley of the Samford Law Office requesting a hearing based on new evidence about the infection that led to the demise of Ms. Shoemaker's pregnancy, leading the judge to agree with Pregnancy Justice's medical witness and to vacate the conviction," the rights group said in a Monday statement.
Lee County Circuit Judge Jeffrey Tickal wrote in his December 22 order that "should the facts had been known, and brought before the jury, the results probably would have been different."
Shoemaker said Monday that "after years of fighting, I'm thankful that I'm finally being heard, and I pray that my next Christmas will be spent at home with my children and parents... I'm hopeful that my new trial will end with me being freed, because I simply lost my pregnancy at home because of an infection. I loved and wanted my baby, and I never deserved this."
Although Tickal's decision came three days before Christmas, the 45-year-old mother of four remained behind bars for the holiday last week, as the state appeals.
"While we are thrilled with the judge's decision, we are outraged that Ms. Shoemaker is still behind bars when she should have been home for Christmas," said former Pregnancy Justice senior staff attorney Emma Roth. "She was convicted based on feelings, not facts. Pregnancy Justice will continue to fight on appeal and prove that pregnancies end tragically for reasons far beyond a mother's control. Women like Ms. Shoemaker should be allowed to grieve their loss without fearing arrest."
AL.com reported Tuesday that "Alabama is unique in that it is one of only three states, along with Oklahoma and South Carolina, where the state Supreme Court allows the application of criminal laws meant to punish child abuse or child endangerment to be applied in the context of pregnancy."
However, similar cases aren't restricted to those states. Pregnancy Justice found that in the two years following Dobbs, "prosecutors initiated cases in 16 states: Alabama, California, Florida, Idaho, Kentucky, Mississippi, Nebraska, New Mexico, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Wisconsin, and Wyoming. While prosecutions were brought in all of these states, to date, the majority of the reported cases occurred in Alabama (192) and Oklahoma (112)."
This is fantastic news!!I wrote in my book how the medical examiner ruled the cause of the stillbirth "undetermined," but the coroner (who lacks medical training) instead listed cause of stillbirth as mom's meth usage on the fetal death certificate.
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— Jill Wieber Lens (@jillwieberlens.bsky.social) December 30, 2025 at 12:25 PM
"Prosecutors used a variety of criminal statutes to charge the defendants in these cases, often bringing more than one charge against an individual defendant," the group's report continues. "In total, the 412 defendants faced 441 charges for conduct related to pregnancy, pregnancy loss, or birth. The majority of charges (398/441) asserted some form of child abuse, neglect, or endangerment."
"As has been the case for decades, nearly all the cases alleged that the pregnant person used a substance during pregnancy," the report adds. "In 268 cases, substance use was the only allegation made against the pregnant person. In the midst of a wide-ranging crisis in maternal healthcare and despite maternal healthcare deserts across the country, prosecutors or police argued that pregnant people's failure to obtain prenatal care was evidence of a crime. This was the case in 29 of 412 cases."
When the publication was released last year, Pregnancy Justice president Lourdes A. Rivera said in a statement that "the Dobbs decision emboldened prosecutors to develop ever more aggressive strategies to prosecute pregnancy, leading to the most pregnancy-related criminal cases on record."
"This is directly tied to the radical legal doctrine of 'fetal personhood,' which grants full legal rights to an embryo or fetus, turning them into victims of crimes perpetrated by pregnant women," Rivera argued. "To turn the tide on criminalization, we need to separate healthcare from the criminal legal system and to change policy and practices to ensure that pregnant people can safely access the healthcare they need, without fear of criminalization. This report demonstrates that, in post-Dobbs America, being pregnant places people at increased risk, not only of dire health outcomes, but of arrest."
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'How Many More Have to Die?' Asks Democrat as Another Texas Woman's Death Blamed on Abortion Ban
"Let's be very clear: Republicans are killing women," said one abortion rights advocate. "Democrats need to start calling them murderers loudly and often."
Nov 20, 2025
After new reporting detailed the latest known woman who died because doctors would not provide her with abortion care under Texas' ban, the Democratic lawmaker who authored the Women's Health Protection Act condemned Republicans in Congress for refusing to "protect women’s basic freedom to survive their own pregnancies."
"It would take only six Republicans in the House to join with us and pass this vital legislation to restore bodily autonomy to every person in this country, regardless of their state or zip code," said Rep. Judy Chu (D-Calif.), whose bill would create a new legal protection for the right to provide and obtain abortion care.
Chu's call came as ProPublica reported on the death of Tierra Walker, a 37-year-old pregnant mother of a teenage son who asked doctors to terminate her pregnancy in October 2024 after she experienced seizures and feared she would develop preeclampsia, a life-threatening complication that had led to the stillbirth of her twins a few years earlier.
“Wouldn’t you think it would be better for me to not have the baby?” Walker asked doctors at Methodist Hospital Northeast in San Antonio.
The medical staff assured her there was nothing wrong with her pregnancy and blamed her symptoms on pre-existing conditions including diabetes and high blood pressure—but more than a dozen OB/GYNs reviewed her case and told ProPublica doctors had not followed standard medical practice, which would have been to advise Walker early on in the pregnancy that her health conditions could lead to complications and "to offer termination at any point if she wanted."
Had doctors done do, all of the medical experts said, Walker would not have died at 20 weeks pregnant on her 14-year-old son's birthday last December.
"Her death was preventable, and it was caused by a law written by Republicans to control women’s bodies, no matter the consequences. This is the disgraceful reality of Republican abortion bans that criminalize care and sacrifice women’s lives," said Chu.
Walker found out she was five weeks pregnant in September 2024 after experiencing a seizure. Doctors also noted she had "hypertension at levels so high that it reduces circulation to major organs and can cause a heart attack or stroke," which put her at increased risk for preeclampsia.
But instead of warning Walker of the risks, the medical staff sent her home, where she continued having seizures through her first trimester and her fiance and aunt took turns watching over her.
Texas law prohibits medical providers from "aiding and abetting" abortion care, with doctors facing the loss of their medical license and up to 99 years in prison if they provide an abortion. Abortions are ostensibly permitted in cases when a pregnant person's life or major body function is at risk—but Walker's case demonstrates how medical exceptions within abortion bans often do nothing to ensure a dangerous pregnancy can be terminated to protect a woman's life.
At least one of the more than 90 doctors—including 21 OB/GYNs—who became involved in Walker's care last year, when she was repeatedly hospitalized, acknowledged in a case file that she was at "high risk of clinical deterioration and/or death."
But none of them ever talked to her about terminating the pregnancy.
As Walker's pregnancy progressed, she developed a blood clot in her leg that didn't respond to anticoagulation medicine, and her seizures and high blood pressure remained uncontrolled.
She was diagnosed with preeclampsia at 20 weeks pregnant on December 27—but doctors did not even label her condition as "severe" in her files, let alone provide her with the standard care for the condition at that point in pregnancy, which is an abortion.
Instead, they gave her more blood pressure medication and sent her home, where her son, JJ, found her dead days later.
Author and abortion rights advocate Jessica Valenti said Republicans would likely respond to the news of Walker's death—as they have in the cases of other women who have died after being unable to get abortions in states that ban them—with claims that doctors were legally allowed to "intervene" or "treat" Walker.
"They won't say she could have had an abortion because they don’t believe in life-saving abortions," she said.
This year, in the months after Walker's death and following outrage over numerous similar cases, Texas lawmakers passed a law that Republicans claim would make it easier for women to obtain abortions in cases where they face life-threatening conditions in pregnancy; their conditions no longer need to put them in "imminent" danger for them to obtain care.
But doctors told ProPublica that hospitals in Texas are still likely to avoid providing abortions in cases like Walker's, even under the new statute.
“How many more women have to needlessly suffer?" asked Chu. "How many more have to die? How many more children have to grow up without their mother? How many more parents have to lose their adult daughters before Republicans in Congress finally do what’s right and protect women’s basic freedom to survive their own pregnancies?"
"This doesn't have to be our reality," she added.
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Young Pregnant People Need Choices, Not Shame
With young people’s autonomy so limited, we must ensure young pregnant and parenting people have the support they need.
Aug 09, 2025
Access to affordable family planning and sexual health services is under attack, with the current administration threatening millions of dollars in Title X funding.
Millions of poor, uninsured, low-income individuals rely on this program not only for contraception but for cancer detection, HIV testing, and other essential services. The administration’s hostility toward proven programs like this puts young people at greater risk of pregnancy, in an environment where reproductive choices are limited. The consequences of abortion bans are clear: People are getting sick and losing their lives because access to basic reproductive healthcare is being stripped away. But what if you are young? What if you are Black? What if you live in a state restricting abortion? What if you do not get to decide?
For young pregnant people, these bans and funding cuts are even harder to navigate because of barriers to their independence. With the potential cuts to Title X programs, young people’s access to contraception will be even more limited. If they become pregnant when they don’t want to be, some states that still allow abortion have restrictions requiring consent from parents. With young people’s autonomy so limited, we must ensure young pregnant and parenting people have the support they need.
Reproductive justice is a human rights framework coined in 1994 by 12 Black women in response to the reproductive rights and health groups that excluded the lived experiences of those who have been marginalized. This concept includes the right to parent, the right not to parent, the right to parent children in safe and healthy communities, and the right to bodily autonomy. Young people, too, deserve reproductive justice.
What if young people had access to healthcare free from biases and shame?
A powerful misconception is that we are often just one decision away from shaping the course of our lives. But it isn’t the one individual decision. It’s the collective punitive reaction from society that stands in the way of young people getting the support they need. For the young pregnant person who is parenting, there is a systemic lack of support coupled with stereotypes that lead to negative outcomes.
As a child, my knowledge about the consequences resulting from decisions we make about our bodies was limited to the concrete and practical, such as skinning my knee in the neighborhood kickball tournaments when I ran around the bases too quickly. That knowledge quickly expanded when my older sister became pregnant as a teen, and I observed the organized shunning she experienced from family members to healthcare workers to teachers and friends. This was the first time I witnessed shame. I heard how family members talked about her pregnancy as a defining moment, as if any glimpse of a future was now extinguished. Those family members and friends who were “supportive” disappeared once my niece was born. It was at this moment that I decided that I wanted to offset that shame for her, for us, for every young Black girl who is navigating a pregnancy.
I did my best to be a supportive little sister as a child, standing up to all who spoke negatively about my sister and her choices. This experience stayed with me, and as a first year medical student, I founded Sisters Informing Healing Living Empowering (SIHLE) Augusta, renamed Choices Within Reach, an organization that works to support young Black mothers in Augusta, Georgia, through providing community, financial resources, and infant supplies. For the past seven years, in addition to my medical and residency training, we have worked to disempower the systems that shame and marginalize young people about their reproductive choices. Transforming that childhood rage to triumph, this ever-expanding sisterhood is my greatest accomplishment.
Now, as an OB-GYN and community organizer, I continue to hear the echoes of my sister’s story through my patients and the young people I serve in Georgia.
These stereotypes of young parenting people that go back to public condemnation of “teen moms” and “welfare queens” in the 1970s and 80s are still alive in the collective shunning of young Black pregnant people. In many schools, there is a “pregnant student” policy that states that the school won’t make accommodations for a pregnant student unless required by documented medical circumstances. High school students are not granted “maternity leave.” These policies are penal and don’t support the pregnant student’s success, especially when combined with isolation that the pregnant adolescent may be enduring within her community.
It is these punitive policies and attitudes that lead to statistics like only 50% of teen mothers receive their high school diploma by age 22, compared to 90% of teens who do not give birth in their adolescence. The lack of education and support makes it hard for them to find job opportunities, leading to a hard time making ends meet, and so on. This is a collective shunning of young motherhood.
These roots also shape our healthcare system. Just as young moms slip through the cracks of the community, they also often do in the healthcare system. Adolescent medicine providers try to close these gaps for young people. However, the gap widens when they become pregnant. Is it the OB-GYN who receives little to no training on how to specifically care for a pregnant teen or the pediatrician who has not specialized in pregnancy that is trying to care for the teen who is pregnant? When the gaps are felt by young moms, they might disengage from prenatal care, lose trust in their providers, and face poor health outcomes for the mother and baby.
This is especially true when the stereotypes of pregnant adolescents are woven into the implicit and explicit biases of the providers. These biases affect how their providers view them, the care they receive, and their outcomes. Kia, who experienced pregnancy at 16 years old, had her pregnancy confirmed by her pediatrician, who had been caring for her since she was an infant. However, once her urine pregnancy test was positive, there was an obvious disconnect. They told her she could no longer be seen in the office and was not offered any options counseling, OB-GYN references, or even an ultrasound. This experience led Kia to delay seeking prenatal care. What if the pregnancy was in the wrong location? What if there were complications? As we attempt to close the gap of maternal morbidity and mortality rates in the U.S., which are disproportionately higher in Black people, we must address the systems that increase risks faced by young Black parents.
The fight against the societal punishment of young Black parents is an issue of reproductive justice. In a nation where systemic barriers persist, the futures of young Black parents don’t come down to personal choices; they are intricately tied to the what kind of support, education, and resources they can access. It is far beyond time to restructure the narratives and fill the gaps society created for our young Black pregnant and parenting people.
What if we had culturally sound, group prenatal care that focused on and highlighted the needs of young, Black pregnant people? What if we built a community that came together to support young parents with childcare, financial resources, and school or job support? What if medically accurate, comprehensive sex education were available to all young people? What if young people had access to healthcare free from biases and shame? We can create the kind of world where we all have equitable access to the full spectrum of reproductive freedoms, no matter our age or location.
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