Pro-life pregnancy centers across the nation are under fire as the abortion industry and its allies in government seek to discredit, silence, and even shutter the doors of these charitable ministries. Thomas More Society is on the front lines battling for pregnancy centers against spurious legal attacks from false allegations of “deception” and “misinformation” to targeted attacks on lifesaving Abortion Pill Reversal.  

While there’s no way to avoid attacks from abortion proponents completely, there is plenty that you and your center can do to prudently prepare for legal attacks, protecting your mission and the clients you serve.  

Here is a list of important legal considerations that all pro-life pregnancy centers should address:

1. Language matters

Pregnancy centers are under heavy scrutiny for simply sharing about or promoting their mission and services offered. That’s why it’s important for pro-life pregnancy centers to be clear, honest, and transparent with messaging on platforms like websites and social media.  

• Clearly communicate your center’s mission and services.

• Be aware of any state laws that could require you to share specific information on your website.

• Monitor local ordinances that may impose disclosure requirements or regulate promotional practices to avoid fines or lawsuits.  

• State explicitly that your center does not provide abortions or abortion referrals.

2. Clarifying licensure

Some pregnancy centers offer medical services like ultrasounds or pregnancy testing, which may subject them to medical licensing requirements.  

• If offering medical services (e.g., ultrasounds or STI testing), ensure compliance with state medical licensing laws, including supervision by a physician licensed in your state and adherence to medical standards.

• Stay aware of your state health agency’s latest definitions and licensing requirements. State health authorities may redefine certain terms, such as “medical services” or “ambulatory medical services,” with little or no notice. If your state defines these terms broadly, it may require your center to obtain a clinic license.  

• Train staff performing medical procedures and ensure they have appropriate credentials or certifications. Provide clear rules distinguishing what medical and nonmedical staff may do, and ensure staff follow those rules.

• For non-medical pregnancy centers, clearly communicate in publications and in-person that services are not medical in nature and avoid practices that could be interpreted as impersonating medical professionals. Clarify that you provide referrals to licensed medical professionals.  

• Affiliate with organizations like the National Institute of Family and Life Advocates (NIFLA), which provides guidance on transitioning to licensed medical clinic status and ensuring compliance with medical regulations.  

3. Protecting client privacy

Nonprofit pregnancy centers are not subject to the Health Insurance Portability and Accountability Act (HIPAA), which governs patient confidentiality in medical settings.  

However, it’s still important that nonprofit pregnancy centers prioritize patient privacy to earn trust and avoid legal issues.  

• Develop and strictly enforce robust internal policies for protecting client confidentiality, even if not legally required by HIPAA.

• Train all staff, including volunteers, on proper handling of sensitive information, including pregnancy test results, counseling notes, and personal data.

• Be transparent with clients about how their information will be used or shared (such as in a client success story), especially if your center engages in fundraising, and obtain their written consent as necessary.

4. Stay true to your conscience without fear

If your pregnancy center is faith-based, or just pro-life, this could lead to conflicts with laws or policies that unconstitutionally force you to provide information or services contrary to your beliefs (e.g., abortion referrals or promotion of abortion).  

• Clearly articulate your center’s pro-life or religious mission in organizational documents, employee handbooks, and public-facing materials.  

• Stay informed about federal and state conscience protection laws that uphold your constitutional rights.

• Be prepared for legal challenges from abortion activists or government officials seeking to impose regulations that restrict your center’s mission.

• Maintain records of any communications to or from government agencies.

• Contact Thomas More Society immediately if your conscience rights are threatened.

5. Avoid pro-abortion allegations of “misinformation” and “deception”

Abortion proponents often accuse pregnancy centers of deceptive practices to discredit their work and even shut them down. While these false allegations are unavoidable, there is much that your center can do to mitigate their harm and avoid legal trouble.  

• Ensure all information provided to clients is accurate and supported by credible sources.

• Train staff to provide clear, honest information about pregnancy options (parenting, adoption, the risks of abortion) without manipulating or coercing women into a particular choice.

• Document all client interactions to demonstrate ethical practices and compliance with applicable laws and regulations in case of legal challenges.

• Consider adopting Heartbeat International’s “Commitment of Care and Competence” code.

6. Sustaining your mission ethically

As nonprofits, pregnancy centers often need to fundraise to sustain their mission. Some pregnancy centers may receive state funding depending on their state’s laws. It’s essential to maintain proper records and be as transparent as possible about fundraising, financial management, and public reporting.  

By implementing these basic legal considerations into their daily operations, pregnancy centers will set themselves up for success and avoid legal issues that could inhibit their vital work of serving women and their families.  

Thomas More Society stands with pro-life pregnancy centers across the nation and is ready to provide free legal advice or representation if your constitutional rights are threatened, or if your center faces legal threat. Fill out our legal help form or call 312.782.1680 if you believe your rights have been violated.  

Explore more pregnancy center cases Thomas More Society attorneys are fighting:  

• Culture of Life Family Services v. Bonta

• Summit Life Outreach Center & The Evergreen Association v. Letitia James

• Letitia James v. Heartbeat International & CompassCare, et al.

• The People of the State of California v. Heartbeat International & RealOptions

• Schroeder v. Treto, Jr.

• NIFLA v. Raoul