Less Abortions, More Children in Foster Care

The Implications of Restricted Abortion Access on the United States Foster Care System 

---

Published September 6, 2024

Arugument Written by Emily Blumberg

The United States foster care system has faced issues throughout its entire history, ranging from inadequate training to a shortage of foster parents. Among the greatest current obstacles is the sheer number of children who must be matched with a family. However, the recent decision in the Dobbs v. Jackson Women’s Health Organization (2022) Supreme Court case will only exacerbate these problems by restricting abortion access and increasing the number of children who must enter the foster care system.

The Dobbs v. Jackson Women’s Health Organization (2022) decision states that the U.S. Constitution does not confer the right to an abortion and, therefore, ended this protected federal right.1 Instead, it now places the regulation authority of abortions on elected representatives of each state. This decision was made after the Court established that the right to an abortion is not deeply rooted in United States history and values. Furthermore, the justices asserted that the Due Process Clause only protects substantive and fundamental rights and decided that the right to an abortion did not fall into these categories. In doing so, jurisdiction falls onto each state to independently determine the lawfulness of an abortion. 

The 2022 Supreme Court decision on Dobbs, limiting abortions, will have severe implications for the United States foster care system. A recent historical instance provides an example where governmental action has affected the overburdening of the foster care system. Targeted Regulation of Abortion Providers, otherwise known as TRAP laws, were first enacted in 1973.2 TRAP laws created a mandate that all abortion providers comply with onerous and medically unnecessary building requirements for ambulatory surgical centers and a requirement that doctors who provide abortions obtain hospital admitting privileges at a nearby hospital.  These laws were implemented in 23 states across the country. A Jama Pediatrics study conducted between 2000 and 2020 found that there was an 11% increase in foster care placement in states that restricted abortions through TRAP laws, compared to those who did not adhere to such policies.3 This occurred because mothers were forced to continue their pregnancies, despite not having the capabilities to provide adequate support for their child. This resulted in more children being placed in the foster care system compared to states where these restrictions were not put in place.  

TRAP laws served as an indirect legal barrier for abortion providers to overcome in the upholding of Roe v. Wade (1973). Now, the decision made in the Dobbs v. Jackson Women’s Health Organization (2022) case allows states to legally restrict abortion access. The future of the United States foster care system can be negatively impacted by this Supreme Court decision as it legalizes abortion restrictions, which has previously proven to overburden the foster care system. 

---

1 Newton, Craig. “Dobbs v. Jackson Women’s Health Organization (2022).” Legal Information Institute, March 15, 2024. https://www.law.cornell.edu/wex/dobbs_v._jackson_women%27s_health_organization_%282022%29#:~:text=of%20the%20fetus.-,Dobbs%20v.,people%20and%20their%20elected%20representatives.%E2%80%9D. 

2 Parenthood, Planned. “What Are Trap Laws?” Planned Parenthood Action Fund. Accessed April 23, 2024. https://www.plannedparenthoodaction.org/issues/abortion/types-attacks/trap-laws.  

3 Adkins, Savannah, Noa Talmor, Molly H. White, Caryn Dutton, and Ashley L. O’Donoghue. “Association between Restricted Abortion Access and Child Entries into the Foster Care System.” JAMA Pediatrics 178, no. 1 (January 1, 2024): 37. https://doi.org/10.1001/jamapediatrics.2023.4738. 

---