A Mystery of Motherhood: The Legal Consequences of Insufficient Research on Postpartum Illness

Authors

• Lindsey C. Perry, University of Georgia School of Law

Publication Date

2007

Abstract

Postpartum illness is a real and serious affliction, suffered by many mothers throughout the country. For decades, courts have struggled with the issue of how postpartum illness fits into the current framework for legal insanity. Recent publicity of the Andrea Yates trial and her subsequent acquittal brought postpartum psychosis to the attention of the American public. This Note explores the background of postpartum psychosis and its treatment in U.S. courts. It discusses the possibilities for addressing postpartum psychosis in criminal proceedings and proposes that further research and understanding are necessary to provide justice for female defendants afflicted with postpartum psychosis. Finally, the Note praises passage of the Melanie Blocker-Stokes Postpartum Depression Research and Care Act by the U.S. House of Representatives and advocates the passage of the Mom's Opportunity to Access Health, Education, Research, and Support for Postpartum Depression Act, currently pending in the U.S. Senate.

Recommended Citation

Perry, Lindsey C. (2007) "A Mystery of Motherhood: The Legal Consequences of Insufficient Research on Postpartum Illness," Georgia Law Review: Vol. 42: No. 1, Article 5.
Available at: https://digitalcommons.law.uga.edu/glr/vol42/iss1/5