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A Lawyers’ Manual for Defending Clients Criminalized for Abortion, Miscarriage, and Stillbirth

Prosecuting pregnancy loss and abortion is on the rise—we’ve seen it in the client calls we’ve taken, the bail we’ve funded, and the cases we’ve litigated. 

Most states do not make it a crime to end your own pregnancy, yet police and prosecutors are increasingly punishing people for how their pregnancy ends, despite what the law says.

At If/When/How, our criminal defense practice focuses exclusively on defending people who are investigated, arrested, and prosecuted for their pregnancy outcomes. We have represented people throughout the country, in states where abortion is banned and in states where it is legally protected.

Fighting Reproductive Criminalization: A Defense Practice Manual is an online resource built from our years of experience litigating these cases. Our goal is to give defense attorneys the legal analyses, resources, and information that we have found essential to a strong defense. 

 Inside the manual, you will find resources such as:

  • The Biological Realities of Pregnancy
  • Case Planning 
  • Motions Practice in Pregnancy Criminalization Cases

By training each other up, we better protect our communities. Get access to the Defense Practice Manual today!

Request Access to our Defense Practice Manual

The Defense Practice Manual is a free resource for defense attorneys and advocates combatting reproductive criminalization.  To request access, please complete the form below. Once you complete the form, you will receive an email with instructions on how to access the Defense Manual.

If you have a reproductive criminalization case now and want to speak to our defense team as soon as possible, contact our Attorney Helpdesk.

About Us

At If/When/How, we work to eliminate reproductive oppression, including the criminalization of people for abortion, miscarriage, and stillbirth. We provide wrap-around legal services, including a Helpline, a legal defense fund, and criminal defense services.

Our Litigation Team lawyers have decades of experience defending clients in pregnancy criminalization cases. We work with local defense attorneys to provide client-centered representation, and engage in creative litigation strategies to protect clients from overreaching prosecutions across the country. 

In 2025 alone, we responded to 2,500 calls for legal help, spent $2.5 million on bail and litigation expenses, and provided criminal defense services in 13 states.

We deeply understand the reproductive injustices people face, what lawyers and advocates can do to help, and how to implement strategies for lasting change.

Learn more about our work

Join us!

If you’re a criminal defense attorney, consider joining our Network. Over 25 million people who could become pregnant live in states with abortion bans. Since the Dobbs decision, thousands of them have called us seeking legal help.

We’re looking for attorneys to support our clients with needs around criminal defense, family defense, intimate partner violence, judicial bypass, housing, and immigration.

Join the If/When/How Network
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