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West Virginia Prosecutors Eye Charges Against Women After Miscarriage

Local prosecutors say they could bring charges under a human remains disposal statute if women flush or bury fetal tissue, raising concerns over legal ambiguity deterring medical care.

About 10 out of 100 known pregnancies end early, often because the embryo isn't developing properly.
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Overview

  • Raleigh County Prosecuting Attorney Tom Truman and others have discussed using a state human remains disposal law to pursue criminal counts against women who miscarry and handle fetal tissue without reporting it.
  • The 2022 Unborn Child Protection Act bans almost all abortions but explicitly exempts patients, leaving miscarriage-related acts subject to separate statutes.
  • Truman urged women to call their doctor or law enforcement after a miscarriage to preempt investigations or possible felony charges for improper disposal of remains.
  • States including Ohio, Georgia, Texas and South Carolina have previously prosecuted women for miscarriages or stillbirths under charges such as abuse of a corpse or concealing a death.
  • Reproductive rights groups warn that the law’s broad language and lack of clear guidelines could deter women from seeking timely medical care for pregnancy complications.