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Most often, postpartum depression and anxiety disorders (incidence of 10-20%) are extremely responsive to treatment when recognized early and treated by specialists in perinatal mental health.

Yet, there are those atypical cases when women have severe postpartum depression or the rare postpartum psychosis (1-2 of 1000 childbearing women), and become involved in the criminal justice system (1 to 4% of women with postpartum psychosis commit infanticide/neonaticide).

Other states require education about postpartum depression including Texas (Relating to Information Provided to Parents of Newborn Children, 2005), Virginia (Certain Information Required for Maternity Patients, 2003), Minnesota (Postpartum Depression Education and Information, 2015), and Oregon (Relating to Perinatal Mental Health Disorders and Declaring an Emergency, 2011). Perinatal depression: A review of US legislation and law. doi: 2014: The California Legislative Women’s Caucus put forth Assembly Concurrent Resolution (ACR) 148 which was passed in 2014.The adoption of the Patient Protection and Affordable Care Act (ACA), Section 2952: Support, Education, and Research for Postpartum Depression mandated ongoing research to better understand the frequency and course of postpartum depression, address differences in treatment needs among racial and ethnic groups, and develop culturally competent evidence-based treatment approaches (U. The MOTHERS Act was historically significant, introducing language of postpartum depression into the federal legislative record, and it garnered support and interest across the US and across political parties.However, none of the provisions of the Act were activated with funding.In Illinois, this is the first and only law allowing for such a re-sentencing. In 2009, the Texas legislature refused to pass a bill modeled after the British Infanticide Act of 1938. In lieu of prison or the death sentence, these women receive psychiatric treatment and rehabilitation.Although eighty years have passed since The British Act became law, and it has been adopted in over twentycountries, nothing even approaching it has become law in any state in the U. The majority of nations that have infanticide laws have followed the British precedent (The British Infanticide Act of 1938) and decrease the penalty for mothers killing children under one year old (Friedman, SR and Resnick, PR. Illinois PA 100-0574 specifically names postpartum depression and postpartum psychosis as a mitigating factor.

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