In the case Whitner v. South Carolina in 1997, the South Carolina State Supreme Court defined the concept of a child to include viable fetuses. This allowed grounds for prosecution of a pregnant womanÕs prenatal activity if those activities endangered or could potentially endanger the fetus within her. The case brought the issue of fetal rights versus pregnant womenÕs rights to light. The case also explored whether or not the conviction of a pregnant woman was in the best interest of a fetus, because fear of prosecution could lead the woman to not seek prenatal care or to seek an abortion outside of licensed clinics.

Between 1925 and 1961, a Roman Catholic order of nuns called the Bon Secours Sisters operated the Bon Secours Mother and Baby Home, or the Home, an institution where unmarried pregnant women gave birth in Tuam, Ireland. Pregnant women who delivered their infants at the Home were required to work at the Home for no less than one year without pay. The Irish government and the Catholic Church endorsed the Mother and Baby Home as a means to limit the number of children born out of wedlock by discouraging women from getting pregnant before marriage. During the Home’s thirty-six years of operation, the nuns reported that almost 800 children died in their care. In 2015, researchers discovered a tomb of 796 infant and child skeletons in a septic tank underneath where the Home once stood. The acceptance and use of Mother and Baby Homes revealed the way Ireland treated pregnant women in the twentieth century.

In 1998, Testimony Films released the documentary Sex in a Cold Climate, which reported the true stories of four survivors from the Magdalene asylums in Ireland in the twentieth century. Magdalene asylums, also called Magdalene laundries and homes, were institutions of the Catholic Church that sought to reform women engaged in prostitution and those who birthed children out of wedlock by forcing the women to do hard labor. Directed by Steve Humphries, the documentary interlocks four survivors’ stories of how they came to inhabit a Magdalene asylum, what occurred to them there, and how they eventually freed themselves. An Irish film festival first screened the documentary, which became the inspiration for the 2002 film, The Magdalene Sisters. Sex in a Cold Climate brought attention to the stories of women who survived Magdalene asylums, which prompted additional research and eventual justice for many of the women.