Post-Roe America Criminalizes Female Bodies
Miscarriage Prosecutions Rise in Post-Roe America, Sparking Debate
Table of Contents
- Miscarriage Prosecutions Rise in Post-Roe America, Sparking Debate
- Miscarriage Prosecutions on the Rise: A Q&A on Reproductive Rights in a Post-Roe America
- What’s happening with Miscarriage Prosecutions?
- Why are women being prosecuted for miscarriages now?
- What is “Fetal Personhood” and how dose it relate to these cases?
- Are there specific legal actions being taken against women?
- Can you provide some examples of miscarriage prosecutions?
- what are the potential penalties for these prosecutions?
- Are these prosecutions common?
- Which communities are disproportionately affected by these prosecutions?
- What impact does this have on women’s health and well-being?
- How do these legal actions affect broader issues of bodily autonomy and reproductive justice?
- What’s the role of medical doctors and health professionals?
- What is the role of religious and conservative groups in this trend?
- what’s the current legal status regarding miscarriage prosecutions?
- Are there any organizations working to fight against this trend?
- What can be done to stop prosecutions for miscarriage?
Since the Supreme Court overturned Roe v. Wade in 2022, the United States has seen what some call a rollback of reproductive freedoms. Beyond abortion access,pregnancies and their outcomes are increasingly subject to scrutiny. A rise in legal actions against women following miscarriages highlights a shift toward viewing motherhood as an obligation, with pregnancy loss treated as a moral or even criminal failing.
From Medical Event to Legal Suspicion
In the wake of the Dobbs decision, a miscarriage can now lead to investigations for crimes like homicide or improper disposal of remains. In Georgia, Selena Maria Chandler-Scott, 24, faced charges after a miscarriage at 19 weeks.Her act of placing the fetal remains in a trash can became the basis for indictment,potentially carrying a 13-year prison sentence. Other women, including Amari Marsh and Brittany Watts, were also arrested and prosecuted before courts dismissed the cases for lack of legal grounds.
These cases are not isolated incidents. According to pregnancy Justice,at least 210 women faced legal action in 2022 and 2023 related to pregnancy loss. This increase reflects a climate of suspicion, where miscarriages, fetal deaths, or medical silences can fuel suspicions of illegal abortions.
Fetal Personhood: A Legal Tool
These prosecutions often stem from the concept of “fetal personhood,” which grants embryos or fetuses the rights of a human individual, sometimes from conception.As of 2025,14 states have incorporated this principle into law. While some laws specify that they should not be used to prosecute the mother, some prosecutors have crossed that line.
This creates a paradox: laws intended to protect the fetus are used to penalize women. In effect, a stillborn fetus may have more legal weight than the woman who carried it. This reflects an ideology that reduces women to their reproductive capacity and elevates motherhood to a moral imperative.
Repression’s Intersectionality
These legal actions disproportionately affect women from marginalized communities.Black, Latina, and Indigenous women, and also those with substance use disorders or precarious living situations, are more likely to face suspicion. Pregnancy Justice reports that nearly half of the women targeted in 2022 and 2023 were from ethnic minorities.
Systemic biases within law enforcement and the judicial system are evident. Moreover, medical confidentiality is sometimes breached, with health care professionals reporting patients to the police, potentially violating patient privacy.
Conservative Ideology and Control
The criminalization of miscarriage is part of a broader effort to control women’s bodies, driven by religious and conservative groups. this worldview denies women agency, viewing them as vessels for potential life, nonetheless of viability.
This trend reflects a reactionary biopolitics characterized by surveillance, medical suspicion, and the stigmatization of grief. Pregnancy is no longer viewed as a personal experience but as a process subject to scrutiny.
Alice Apostoly, a specialist in feminist foreign policy, argues that this is about prioritizing potential life to subordinate women to their maternal role, using the law to advance a regressive social agenda.
A challenge to Democracy
The issue extends beyond abortion to the fundamental right to experience pregnancy without fear of legal repercussions. The psychological, social, and health consequences of this legal climate are significant. Women may hesitate to seek medical care after a miscarriage, fearing questioning, suspicion, or arrest.
Democrats have raised concerns, with U.S. Rep. Sara Jacobs, D-Calif., warning against federal attempts to codify fetal personhood. Without federal protection for abortion rights, states can continue to pursue such measures, potentially leading to prosecutions for pregnancy loss.
Organizations like Pregnancy Justice,National Advocates for Pregnant Women,and ReproAction are mobilizing legal resources and public awareness campaigns. Some Democrats, including Jacobs, are actively campaigning against federal fetal personhood initiatives.
The stakes are high,involving the defense of bodily autonomy,reproductive justice,and inclusive democracy. A society that punishes miscarriage deviates from the principles of justice.
The criminalization of pregnancy loss reflects a broader ideological project that prioritizes the fetus over the woman, raising the question of whether a just society should punish women for losing a child.
This issue is a test for contemporary democracies: Will they allow women’s bodies to be subjected to suspicion and pain, or will they uphold a justice system that addresses intimate tragedies with compassion?
Further Reading
- Pregnancy Justice: Annual reports on reproductive criminalization
- Pregnancy Justice. (2023). Criminalizing Pregnancy: Policing Pregnant People in the Post-Roe Era.
- Jill Wieber Lens, University of Iowa: Research on reproductive rights and miscarriage
- The Marshall Project: “How States Can Criminalize Miscarriages and Stillbirths” (2024)
- Guttmacher Institute: “Fetal Personhood Legislation Tracker” (2025)
- Block, J. (2019). Everything Below the Waist: Why Health Care Needs a Feminist Revolution. St. Martin’s Press.
- Goodwin, M. (2020).Policing the Womb: Invisible Women and the Criminalization of Motherhood. Cambridge University press.
- Lens, J.W. (2021). “Miscarriage, Stillbirth, and Reproductive Justice.” Washington University Law Review 98(3).
- Roberts, D. (1997). Killing the Black Body: race, Reproduction, and the Meaning of Liberty.Vintage books.
- the Guardian.(2024, Jan.24). “I Didn’t Know What I Was Supposed to Do.”
Miscarriage Prosecutions on the Rise: A Q&A on Reproductive Rights in a Post-Roe America
The overturning of Roe v. Wade in 2022 has ushered in a new era for reproductive rights in the United States. Beyond the debate surrounding abortion access,the legal landscape surrounding pregnancy adn its outcomes is rapidly changing. This expert Q&A delves into the concerning trend of increasing legal actions against women experiencing miscarriages, exploring the complexities and implications of this shift.
What’s happening with Miscarriage Prosecutions?
Since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Association, many states are restricting abortion access. In this new context, the interpretation of state laws are also changing, leading to suspicion surrounding pregnancy loss.This has resulted in increased scrutiny and legal action against women who experience miscarriages or stillbirths.
Why are women being prosecuted for miscarriages now?
Several factors contribute to this trend. Primarily, the overturning of Roe v. Wade has emboldened anti-abortion groups and some state prosecutors to pursue cases related to pregnancy loss. The rise of the concept of “fetal personhood” is another key element. This legal viewpoint grants the embryo or fetus the rights of a human individual, potentially criminalizing actions that may have inadvertently caused harm to a developing fetus. Additionally, medical professionals are being asked to report, and sometimes do report, patient facts, blurring the lines of confidentiality.
What is “Fetal Personhood” and how dose it relate to these cases?
Fetal personhood is the legal concept that grants a fetus or embryo the rights of a human being, sometimes even from conception. This legal framework is used by advocates of abortion restrictions to establish that the fetus has a right to life that should be protected,often at the expense of the pregnant person’s choices. Currently,as of 2025,14 states have integrated this principle into thier laws.
Are there specific legal actions being taken against women?
Yes. Women are facing examination and prosecution for a range of alleged offenses, including:
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Homicide/Manslaughter: Particularly when the circumstances surrounding the loss are deemed suspicious.
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Improper Disposal of Remains: Cases where the fetal remains were handled in a way deemed illegal.
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Feticide: If it is indeed believed that an action taken caused ‘death’ of the fetus, regardless if pre-term.
Can you provide some examples of miscarriage prosecutions?
Certainly. Several cases have drawn attention and scrutiny. Even though some cases were dismissed, they set precedents for the current climate. Some key examples include:
- Selena Maria Chandler-Scott (Georgia):Charged after a miscarriage at 19 weeks. The disposal of fetal remains in the trash can was the basis of indictment.
- Amari Marsh and Brittany Watts:Both women faced legal charges before the cases were dismissed due to a lack of legal grounds, highlighting the legal gray areas in such situations.
what are the potential penalties for these prosecutions?
the penalties vary based on the charges, but can be severe. They include:
- long-term imprisonment
- Heavy fines.
- Custody of children possibly challenged
Are these prosecutions common?
While each of these instances were unique, cases such as these are increasing, and according to pregnancy Justice, at least 210 women faced legal action in 2022 and 2023 related to pregnancy loss. This shows a clear trend of increasing scrutiny.
Which communities are disproportionately affected by these prosecutions?
The legal actions disproportionately target women in marginalized communities, which is reflective of the intersection of the legal system and society. These include:
- Black, Latina, and indigenous women, who already face systemic disadvantages.
- Women with substance use disorders.
- Women in precarious living situations.
What impact does this have on women’s health and well-being?
The criminalization of pregnancy loss has severe consequences for women’s health and well-being. Women may:
- Hesitate to seek necessary medical care after a miscarriage, fearing potential investigation or prosecution.
- Experience increased psychological distress due to the stigma and fear of being accused of wrongdoing.
- Face significant emotional, psychological, and social and financial hardships.
How do these legal actions affect broader issues of bodily autonomy and reproductive justice?
These legal actions are a direct assault on bodily autonomy and reproductive justice. They erode a woman’s right to make decisions about her own body and reproductive health:
- Undermines the rights of a pregnant person to control her own body.
- Undermines the reproductive health of women.
What’s the role of medical doctors and health professionals?
The role is complex and evolving. In some situations, medical professionals are required to report specific cases to law enforcement, which can violate patient confidentiality:
- privacy violations
- Erosion of the doctor-patient relationship
What is the role of religious and conservative groups in this trend?
Religious and conservative groups are active in supporting the criminalization of miscarriage. This aligns with their broader efforts to control women’s bodies and reassert traditional values surrounding motherhood and family.
what’s the current legal status regarding miscarriage prosecutions?
The legal landscape is fluid and varies greatly by state. Some states have specific laws that protect women from prosecution for miscarriage, while others have laws that could be interpreted to allow for such prosecutions.Furthermore, legislation is constantly changing. For instance, the Guttmacher Institute provides a tracker used to keep up with the state of fetal personhood legislation.
Are there any organizations working to fight against this trend?
Yes, several organizations are actively fighting against this trend. Some key organizations and their efforts include:
- Pregnancy Justice: Mobilizing legal resources and public awareness campaigns, particularly focusing on the rights of pregnant people.
- National Advocates for Pregnant Women: providing legal support and advocacy for pregnant women facing criminalization.
- ReproAction: working to mobilize grassroots support,including organizing actions and protests to bring attention to the issue.
What can be done to stop prosecutions for miscarriage?
Several strategies are being employed to combat this trend:
- Advocacy and Legislation: Working to pass laws that specifically protect women from prosecution, including clarifying medical and legal standards that explicitly state the treatment of miscarriage.
- Legal Challenges: Challenging existing laws and interpretations that allow or encourage prosecutions, pushing for clarity on the distinctions between miscarriage and illegal abortions..
- Raising Public Awareness: Educating the public about this issue and the impact on bodily autonomy, reproductive rights, and public health.
The rise of miscarriage prosecutions is a concerning development in post-Roe America, highlighting the need for strong legal protections, social support, and a commitment to safeguarding women’s reproductive rights and bodily autonomy.
Further Reading and Resources
| Resource | Description |
|---|---|
| Pregnancy justice: Annual reports on reproductive criminalization | Provides comprehensive data and analysis of cases related to pregnancy and reproductive rights. These reports offer critical insights into specific cases, trends, and legal developments. |
| Pregnancy Justice. (2023).Criminalizing Pregnancy: Policing Pregnant People in the Post-Roe Era | A detailed examination of the criminalization of pregnancy, covering legal actions and the impact on women. |
| Jill Wieber lens, University of Iowa: Research on reproductive rights and miscarriage | Academic research providing insights into how miscarriage and reproductive rights are being interpreted and impacted by legislation. |
| The Marshall Project: “How States Can Criminalize Miscarriages and Stillbirths” (2024) | An in-depth look at the legal and political tactics used by states to criminalize miscarriage and stillbirths. |
| Guttmacher institute: “Fetal Personhood Legislation Tracker” (2025) | A tool for tracking legislation that grants rights to a fetus and it’s implications. |
| Block, J. (2019). Everything Below the Waist: Why Health Care Needs a Feminist Revolution | Explores structural inequalities within healthcare, including reproductive health. |
| Goodwin, M. (2020).Policing the Womb: Invisible Women and the criminalization of Motherhood | Examines the historical context of women’s bodies being used and controlled by the government. |
| lens, J.W.(2021). “Miscarriage, Stillbirth, and Reproductive Justice.” Washington University Law Review | Legal scholarship that specifically addresses miscarriage, stillbirth, and the intersection of reproductive justice. |
| Roberts, D. (1997). Killing the Black Body: race,Reproduction,and the Meaning of Liberty | Addresses race and the history of Black bodies and restrictions on procreation. |
| the Guardian.(2024, Jan.24). “I Didn’t Know What I Was Supposed to Do.” | The story of women and their experiences in a world that is changing. |