New Law In US State Could Lead To Prosecution Of Women After Miscarriage

In West Virginia, the enactment of the Unborn Child Protection Act in 2022 has introduced stringent abortion restrictions, allowing exceptions only in cases of rape, incest, fatal foetal anomalies, or when the mother's life is at risk.

While the law explicitly exempts women from prosecution for undergoing abortions, legal experts express concern that actions taken by women following a miscarriage-such as improper disposal of foetal remains-could lead to legal investigations. 

The law's broad language and lack of clear guidelines have created uncertainty, potentially deterring individuals from seeking necessary medical care during pregnancy complications. This development underscores the complex implications of restrictive abortion legislation on women's health and legal standing.

Raleigh County Prosecuting Attorney Tom Truman told WVNS 59News that a number of criminal charges under state code, including felonies, could be levied against a woman who flushes fetal remains, buries them, or otherwise disposes of remains following an involuntary abortion, also called a miscarriage.

Truman added that he would be unwilling to prosecute such cases.

It was unclear if prosecutors could levy similar criminal charges against husbands or others who helped a woman during a miscarriage.

'The kind of criminal jeopardy you face is going to depend on a lot of factors. What was your intent? What did you do? 'How late were you in your pregnancy?' Truman said.

Which US states can prosecute for miscarriages?

According to the Metro, several states have prosecuted women for miscarriages or stillbirths. They include South Carolina, Georgia, Arkansas, Texas, California, Mississippi, and Ohio. It appears West Virginia has joined the ranks as well.

Though California has since passed laws banning criminal charges and investigations of pregnancy loss, it previously jailed two women for stillbirths.