Losing a pregnancy in the US might get you in legal trouble; here's why

Legal experts warn that vague US laws on abortion are putting grieving women at risk of investigation or charges following miscarriages and pregnancy loss

In the US state of West Virginia, a law meant to restrict abortions is now stirring fears that women could face criminal investigations for miscarriages.

 

The Unborn Child Protection Act, passed in 2022, bans most abortions in the state, allowing exceptions only in extreme cases—rape, incest, fatal fetal anomalies, or if the mother’s life is at risk. Women themselves are explicitly shielded from prosecution for seeking an abortion under the law. 

But legal experts warn that this protection may not be enough.

 

The real confusion lies in what happens when a woman experiences a miscarriage, or involuntary abortion. How she handles that loss—whether she flushes fetal remains, buries them, or disposes of them in any other way—could potentially trigger felony charges under state criminal code, according to Raleigh County Prosecuting Attorney Tom Truman.

 

 

“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 told WVNS 59News.

 

Truman clarified that he personally would be unwilling to prosecute women for such actions. But his statement emphasises the ambiguity in the law—and the immense discretion left to local prosecutors. It’s also unclear whether family members or others who assist a woman during a miscarriage could face legal consequences.

 

 

At the heart of the issue is the law’s vague wording. It doesn’t define what counts as acceptable handling of fetal remains, or how intent should be interpreted. As a result, even actions taken in confusion, panic, or grief could fall under legal scrutiny.

 

This is more than just a theoretical concern. Across the US, women have already been charged or jailed following pregnancy loss. According to news site Metro, states such as South Carolina, Georgia, Arkansas, Texas, California, Mississippi, and Ohio have all seen cases where women were prosecuted for miscarriages or stillbirths.

 

Even in California, widely seen as a progressive state, two women were jailed over stillbirths before laws were passed to explicitly ban criminal charges related to pregnancy loss. Now, experts say West Virginia appears to be stepping into the same murky legal waters.

 

Though no one has yet been prosecuted in the state for a miscarriage, the fear of being investigated, interrogated, or arrested could have a chilling effect. Women might hesitate to seek emergency medical care, or fear reporting complications to doctors. And that hesitation could have deadly consequences.