Study Shows State-Sanctioned Scalpels: Florida Courts Order Forced C-Sections On Laboring Women As Hospitals Invoke ‘Fetal Rights’

New research sheds light on the troubling reality that some pregnant women face during childbirth—being forced into C-section deliveries by court order at the request of hospitals.

New findings are bringing attention to the rising number of pregnant women being forced into unwanted C-section deliveries by court order.

States such as Florida are facing scrutiny as lawmakers promote expanded medical freedom for those who want to avoid vaccines or fluoridated water while limiting the rights of people during pregnancy, ProPublica reports. One example involves Cherise Doyley, who says that during her 12th hour of labor at UF Health Jacksonville, a nurse and supervisor entered her room with a tablet. On the screen, Judge Michael Kalil informed her that the state had filed an emergency petition at the hospital’s request and that officials wanted to compel her to undergo a cesarean section.

“I have 20 white people against me, and because I am informed and I am making an informed decision, they are trying to take my rights away from me by force,” Doyley, a professional birthing doula, told the people on the screen, requesting a Black nurse or doctor.

“I don’t find that race really has much to do with this, ma’am,” the judge responded.

In Florida, mentally competent patients generally have the right to make their own medical decisions, including refusing treatment. However, pregnant patients are a notable exception. Courts in the state, and many others, can order medical procedures during pregnancy, reflecting broader restrictions tied to the concept of fetal personhood, which holds that a fetus may have equal or even greater rights than the woman carrying it.

Doyley had been clear she did not want another C-section after previously undergoing three, including one that caused a hemorrhage. While doctors warned of a small risk of uterine rupture, which could threaten both her and her baby, Doyley said she would only consent to surgery in an emergency. Despite her objections, a judge attempted to order the procedure.

“There aren’t any other instances where you would invade the body of one person to save the life of another,” said Lois Shepherd, a bioethics expert at the University of Virginia School of Law.

Florida has long been at the center of policies tied to fetal personhood.

In 1989, the state became one of the first to prosecute a woman for “delivering” drugs to her fetus during pregnancy, though the Florida Supreme Court later overturned the conviction. Lawmakers are now considering a bill that would further embed the concept in state law by granting embryos and fetuses the same legal status as people in wrongful death cases.

Surveys show more than 10% of women report feeling pressured into C-sections and other procedures by doctors concerned about risks to the baby. Advocates were also alarmed to learn that a similar case had occurred just 18 months earlier involving another Black woman in Florida. In both situations, the women argued that forcing a C-section violated their right to make medical decisions, while hospital staff claimed their choices endangered the fetus—leaving the courts to determine which rights would prevail.

“All of it essentially is about the state’s ability to decide that a fetus, at any point during a pregnancy, is more important than the person who’s pregnant,” said Rutgers University law professor Kimberly Mutcherson.