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Reyes v. Superior Court sets a precedent for women being criminalized for fetal endangerment.

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In Reyes v. Superior Court, Margaret Velasquez Reyes is charged by California with two counts of felony child endangerment because her twin infants exhibited symptoms of neonatal abstinence syndrome (NAS), which is a set of conditions caused by drug exposure in the womb.

The case is dismissed on appeal because the state’s law does not apply to fetuses, only to live children, and the court determines the mother is not criminally liable for child endangerment for ingesting heroin while pregnant. However, this case will set a precedent for future attacks on women who will be criminalized for endangering their fetuses while using substances during pregnancy.