WASHINGTON, DC (August 1, 2024) — U.S. Representatives Valerie Foushee (NC-04) and Emanuel Cleaver, II (MO-05), along with 26 other House Democrats, introduced legislation to provide federal privacy protections to pregnant women and expecting mothers across the country. The Pregnancy Empowerment Act would prohibit any jurisdiction from requiring the disclosure of a person’s pregnancy status when filing for divorce, ensuring expecting mothers have the freedom to make their own decision about divorce, rather than relying on judicial practice or ambiguous state legal statutes.
“Choosing to end a marriage is a deeply personal decision, and an individual’s ability to seek a divorce should not be limited or restricted by antiquated policies regarding one’s pregnancy status,” said Congresswoman Valerie Foushee. “The Pregnancy Empowerment Act will protect the rights of pregnant women and expecting mothers across the country by preventing states from considering a person’s pregnancy status when finalizing a divorce. This pivotal legislation will be critical in ending the weaponization of pregnancies when seeking a divorce, especially for those who are experiencing intimate partner violence and are trapped in an abusive marriage.”
“One of the most difficult decisions any individual ever has to make is when to end a marriage, and I firmly believe such a monumental decision should be left to individual families—not ideological judges or partisan politicians,” said Congressman Emanuel Cleaver. “However, in a handful of states, through a combination of judicial practice and pregnancy disclosure laws, pregnant women can be effectively restricted from finalizing a divorce, which has the potential to trap women in an abusive marriage and endanger expecting mothers. To protect the privacy and ensure the safety of these women, regardless of what state they reside in, the Pregnancy Empowerment Act prohibits any jurisdiction from requiring the disclosure of pregnancy when filing for divorce.”
“Local YWCAs are on the frontlines helping survivors of violence rebuild. As providers, our YWCAs know that homicide is the second leading cause of traumatic death for those pregnant and recently pregnant.” said YWCA USA CEO Margaret Mitchell. “Lives are at stake if pregnant survivors cannot divorce their abusers until after they give birth. It is critical, in light of the overturning of Roe and the attacks on reproductive rights and women’s healthcare, that Congress take action to protect survivors of violence who want to leave their abusers and begin to heal.”
“No survivor of domestic violence should be held captive by outdated laws that disregard their safety and autonomy,” said Marium Durrani, the Vice President of Policy at the National Domestic Violence Hotline (The Hotline). “The Pregnancy Empowerment Act empowers pregnant people, especially those experiencing domestic violence, the freedom and protection they need without being subjected to additional legal hurdles. Due to the higher risk of harm incurred by domestic violence survivors when leaving an abusive partner, pregnancy status should not be used as a bar to divorce. The Hotline remains committed to affirming the dignity and rights of all individuals and ensuring that survivors receive care with the respect and fairness they deserve, and we are proud to support this highly needed legislation.”?
“For survivors of domestic violence, pregnancy is a very dangerous time. Homicide is a leading cause of death for pregnant women in the U.S., with the majority committed by an intimate partner. Prohibiting, limiting, or delaying finalizing a divorce for pregnant people can be a life-threatening situation for survivors. We are grateful for the leadership of Representatives Cleaver and Foushee for recognizing the serious risk of violence and death survivors face when they are pregnant, and introducing this important bill to address it,” said Stephanie Love-Patterson, President and CEO, National Network to End Domestic Violence.
In a several states, outdated statutes require women seeking divorce to disclose a pregnancy before proceedings can be finalized, giving state judges the authority to delay the divorce until the pregnancy has ended. In some instances, out of caution and affirmation of paternity, judges will not proceed with a divorce until a baby’s birth, despite Non-Invasive Prenatal Paternity tests having the ability to determine paternal status with 99.9% accuracy. Consequently, many family law attorneys discourage expecting mothers from proceeding with a divorce until the pregnancy has ended.
Restricted access to a divorce can have devastating effects for women experiencing domestic abuse and can lead to instances of reproductive coercion, where men weaponize a pregnancy to effectively delay and trap their spouse in an unwanted marriage. Each year, roughly 324,000 pregnant people experience abuse every year, and according to the American College of Obstetricians and Gynecologists (ACOG), 1 in 6 abused women first experience domestic violence during pregnancy. Moreover, as studies show that domestic violence disproportionately impacts women of color, pregnancy disclosure requirements can be acutely dangerous for Black, Latina, and Asian women.
To address these serious concerns, the Pregnancy Empowerment Act will:
- Prohibit any state from requiring the disclosure of a person’s pregnancy status when filing for divorce.
- Ensure women have the freedom to make their own decision about when to end a marriage.
- Protect women from reproductive coercion and domestic violence.
The Pregnancy Empowerment Act is endorsed by: Black Women’s Blueprint, Missouri Coalition Against Domestic and Sexual Violence, the National Center on Violence Against Women in the Black Community, National Domestic Violence Hotline, National Women’s Health Network, National Network to End Domestic Violence, North Carolina Coalition Against Domestic Violence, Orange County Rape Crisis Center, Tahirih Justice Center, Ujima, and the YWCA.
The Pregnancy Empowerment Act is cosponsored by Reps. Alma Adams (D-NC), Suzanne Bonamici (D-OR), Julia Brownley (D-CA), Sean Casten (D-IL), Jasmine Crockett (D-TX), Don Davis (D-NC), Debbie Dingell (D-MI), Adriano Espaillat (D-NY), Lizzie Fletcher (D-TX), Jahana Hayes (D-CT), Eleanor Holmes Norton (D-DC), Hank Johnson (D-GA), Sydney Kamlager-Dove (D-CA), Barbara Lee (D-CA), Summer Lee (D-PA), Betty McCollum (D-MN), Alexandra Ocasio-Cortez (D-NY), Mary Peltola (D-AK), Deborah Ross (D-NC), Shri Thanedar (D-MI), Rashida Tlaib (D-MI), Jill Tokuda (D-HI), David Trone (D-MD), Nydia Velázquez (D-NY), Bonnie Watson Coleman (D-NJ), and Nikema Williams (D-GA).
Official text of the Pregnancy Empowerment Act is available here.