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West Virginia Prosecutor Warns of Criminal Risk in Miscarriage Cases

Truman’s statement underscores uncertainty in applying human remains statutes to fetal tissue under the state’s strict abortion law.

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Overview

  • Prosecutor Tom Truman told CNN that women who handle fetal tissue after miscarriages could face charges under West Virginia’s human remains disposal statutes.
  • Truman said he personally would not pursue miscarriage prosecutions but issued his warning after reviewing state laws and consulting fellow prosecutors.
  • The caution follows the 2022 Unborn Child Protection Act, which bans nearly all abortions and leaves fetal remains regulations undefined.
  • Legal advocates warn that fear of prosecution may deter women from seeking medical care for pregnancy complications.
  • Other states, including Ohio and Texas, have used similar statutes to prosecute women following pregnancy losses, highlighting broader national concerns.