Melisa Olgun (Yale Law School), Carlos Larrauri (University of Michigan), Sonja Castañeda-Cudney (University of Southern California), Elyn R. Saks (University of Southern California), The Misalignment of Medical Capacity and Legal Competence for Perinatal People with Serious Mental Illness, 15 ConLawNOW (2024):
Throughout history, perinatal people living with serious mental illness (SMI) have been neglected and denied autonomy in their medical care in part because protections for medical rights tied to privacy and autonomy remain contingent. This reality results in detrimental outcomes for the individuals and their families, such as disruption of family units, increased CPS involvement, and trauma. For perinatal people living with SMI, this issue is further exacerbated by the stigma that they should not be entitled to medical autonomy concerning their reproductive rights and decision-making.