Prosecutions for Fetal Remains Handling Surge Amid Broader Reproductive Rights Debate

Recent discussions on social media have brought renewed attention to the legal complexities surrounding the handling of fetal remains following miscarriage or stillbirth, particularly as such cases are increasingly framed within the context of reproductive rights. A tweet from "Lawrence of Appalachia" highlighted this nuanced issue, stating, ">arrested for miscarrying, okay not actually for miscarrying, okay it was a stillbirth, okay she put a baby's body in a dumpster, yes, desecration of remains has been illegal for decades/centuries, but don't get distracted from the point: they're trying to control our bodies." This commentary underscores a critical distinction between the tragic outcome of a pregnancy and the subsequent legal actions taken regarding the disposal of fetal tissue.

Across the United States, individuals have faced charges such as "abuse of a corpse" or "concealing a death" after experiencing pregnancy loss. These laws, some dating back centuries, were historically intended to prevent infanticide or ensure proper public health standards for human remains. However, their application in cases of miscarriage and stillbirth has come under intense scrutiny, especially in the wake of the 2022 Supreme Court decision overturning Roe v. Wade.

The number of pregnancy-related prosecutions has notably increased since the Dobbs decision. According to a 2024 report from Pregnancy Justice, at least 210 pregnant individuals faced criminal charges for conduct associated with pregnancy, pregnancy loss, or birth in the year following Dobbs, marking the highest number recorded in a single year. These cases often involve individuals who experienced a stillbirth or miscarriage at home and subsequently disposed of the fetal remains in a manner deemed "improper" by authorities.

Prominent cases illustrate the legal and social challenges. Brittany Watts in Ohio faced a felony "abuse of a corpse" charge after a stillbirth in her home, a charge later dismissed by a grand jury. Similarly, Selena Maria Chandler-Scott in Georgia was arrested for "concealing the death of another person" after a miscarriage, though charges were also dropped after it was determined the fetus was nonviable. These incidents highlight the confusion and lack of clear guidance many individuals face regarding fetal remains.

Critics argue that such prosecutions disproportionately affect women of color and low-income women, who may have limited access to healthcare or face systemic biases. Legal experts and reproductive rights advocates contend that these applications of existing laws serve to criminalize pregnancy outcomes and exert control over individuals' bodies, rather than addressing public health concerns or providing support during a traumatic experience. The debate continues as states grapple with the intersection of long-standing laws and evolving reproductive rights landscapes.