When Quitney Armstead learned she was pregnant while locked up in a rural Alabama jail, she made a promise — to God and herself — to stay clean.

She had struggled with addiction and post-traumatic stress disorder for nearly a decade, since serving in the Iraq War. But when she found out she was pregnant with her third child, in October 2018, she resolved: “I want to be a mama to my kids again.”

Armstead says she did stay clean before delivering a baby girl in January 2019. Records show that hospital staff performed initial drug tests, and Armstead was negative.

Armstead didn’t know that Decatur Morgan Hospital also sent her newborn’s meconium — the baby’s first bowel movement — to the Minnesota-based Mayo Clinic for more advanced testing. Those test results showed traces of methamphetamine — drugs Armstead says she took before she knew she was pregnant. Because meconium remains in the fetus throughout pregnancy, it can show residue of substances from many months before that are no longer in the mother’s system.

Child welfare workers barred Armstead from seeing her daughter, Aziyah, while they investigated, and Armstead’s mother stepped in to care for the newborn.

The hospital shared the meconium test results with local police, who then combed through months of medical records for Armstead and her baby to build a criminal case. Prosecutors alleged that the drugs she had taken much earlier in the pregnancy could have put the fetus at risk. Nearly a year after she’d delivered a healthy baby, Armstead was arrested and charged with chemical endangerment of a child.

She is one of hundreds of women prosecuted on similar charges in Alabama, Mississippi, Oklahoma and South Carolina. Law enforcement and prosecutors in those states have expanded their use of child abuse and neglect laws in recent years to police the conduct of pregnant women under the concept of “fetal personhood,” a tenet promoted by many anti-abortion groups that a fetus should be treated legally the same as a child.

Read the full article about fetal personhood laws by Cary Aspinwall at The Marshall Project.