The child welfare system disproportionately harms families headed by parents with disabilities. The only way to achieve justice for these families is to abolish the child welfare system and reimagine methods of providing non-punitive supports and resources. Such efforts must recognize and respond to the needs of parents with disabilities and their children, such as by ensuring economic well-being, investing in accessible supports, ending surveillance of families, and providing high-quality legal representation for those entangled in the system. Most importantly, all legal and policy responses must be led by those most impacted by the current child welfare system, including parents with disabilities. The goal must be to create a world in which the child welfare system is no longer deemed necessary.

In June 2021, Britney Spears made news headlines when she testified to a judge that she was being prevented from having children because her conservator would not allow her to stop using contraception. Britney Spears’ dreadful experiences are a glaring reminder that nearly 100 years after the infamous Buck v. Bell decision, reproduction is still weaponized to subjugate people with disabilities. Indeed, the reproductive oppression experienced by Britney Spears and other people with actual or perceived disabilities is deeply entrenched in our laws, in our policies, and in our collective conscience. Confronting these persistent inequities will require us to radically transform our laws and policies. This Essay responds to the ongoing reproductive injustice experienced by disabled people by proposing a vision to assist activists, legal professionals, scholars, and policymakers conceive of and articulate the basic contours of a paradigm shift that supports the coalescence of the reproductive justice and disability justice movements. The guiding principles set forth herein are intended to advance a long-overdue conversation about reproductive justice for people with disabilities by providing a starting point for activists, scholars, legal professionals, and policymakers to use, critique, and improve upon. The need for action could not be more timely or clear.