5 Shocking Ways Women Are Being Arrested For Miscarriage In The Post-Roe Era

The arrest of women following a natural miscarriage or stillbirth is not a theoretical threat but a disturbing, escalating reality in the United States, as of December 22, 2025. This sensitive and deeply personal tragedy is increasingly being met with criminal suspicion, driven by a complex web of state laws and the legal shift in the post-Roe v. Wade landscape. Recent high-profile cases, such as the widely reported prosecution of Brittany Watts, have brought national attention to how existing statutes—from "concealing a dead body" to "fetal personhood" laws—are being weaponized to police and punish individuals experiencing pregnancy loss. This article details the shocking legal mechanisms and specific, current cases where women have faced felony charges, jail time, and immense public scrutiny after a miscarriage. The trend represents a profound legal and ethical crisis, where medical privacy is violated, and a common biological event is reclassified as a potential crime, raising urgent questions about bodily autonomy and the future of reproductive rights across the nation.

High-Profile Case Studies: The Women at the Center of the Crisis

The criminalization of pregnancy loss is best understood through the stories of the women who have been arrested and charged. These cases often involve complex circumstances, but the common thread is the use of non-fetal-homicide laws to prosecute a natural medical event.

The Case of Brittany Watts (Ohio)

Brittany Watts, a woman from Warren, Ohio, became a national symbol of this crisis in late 2023 and early 2024.

• Incident: In September 2023, Watts suffered a miscarriage at home. She sought medical treatment, but was subsequently charged by police.
• Charge: She was initially charged with abuse of a corpse, a fifth-degree felony, after the fetal remains were found.
• Legal Outcome: A grand jury declined to indict her in January 2024, leading to the dismissal of the felony charge.
• Current Status: In January 2024, Watts filed a federal lawsuit against the city and the hospital, accusing medical staff and police of violating her rights and causing immense emotional distress. The lawsuit was later amended to add more defendants.

The Georgia Arrest for Concealing a Dead Body

A recent arrest in southern Georgia in late March 2024 further highlights the use of broad statutes to criminalize pregnancy loss.

• Incident: A 24-year-old woman experienced a miscarriage and was reported by a witness for placing the fetal remains in a container.
• Charge: She was arrested under a state law that criminalizes concealing a dead body, which is punishable by up to 10 years in prison.
• Legal Context: Experts point to this arrest as a direct consequence of the criminal suspicion surrounding pregnancy loss in states with restrictive laws, including the state's six-week abortion ban.

The Oklahoma Conviction: Manslaughter

While not a miscarriage in the strictest sense, the 2021 conviction of Brittney Poolaw in Oklahoma demonstrates the extreme legal reach in these cases. Poolaw was convicted of first-degree manslaughter after the stillbirth of her 15 to 17-week-old fetus, with the prosecution citing alleged substance use.

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The 5 Legal Mechanisms Used to Criminalize Pregnancy Loss

The arrests of women for miscarriage or stillbirth are rarely made under a specific "miscarriage crime" law. Instead, prosecutors utilize a patchwork of existing, and sometimes new, statutes. The rise in these prosecutions is a clear indicator of the expanding legal concept of "fetal personhood" and the overall increase in pregnancy criminalization.

1. "Abuse of a Corpse" or "Mishandling Remains" Laws

This is one of the most common and controversial charges, as seen in the Brittany Watts case. These laws are intended for the disrespectful treatment of human remains, but they are being applied to the products of a miscarriage, even in early stages. The use of this charge essentially reclassifies a medical event as a crime scene.

2. "Concealing a Dead Body" Statutes

As illustrated by the recent Georgia arrest, this statute targets the disposal of remains. For a woman who experiences a sudden, traumatic miscarriage at home, the confusion and emotional distress surrounding what to do with the remains can lead to an action that is later deemed a felony. This charge can carry a significant prison sentence.

3. "Fetal Homicide" and "Fetal Personhood" Laws

These laws are primarily designed to prosecute violence against a pregnant person that results in the death of the fetus. However, "fetal personhood" measures, which grant full legal protections to a fetus, are increasingly being used to justify the criminal investigation of the pregnant person themselves.

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Legal experts warn that the language in some "fetal personhood" laws is so vague that it could be used to arrest a pregnant person for nearly any action—or inaction—that a prosecutor deems harmful to the pregnancy.

4. Drug-Related Charges (Chemical Endangerment)

In many documented cases, women have been arrested and charged with crimes like "chemical endangerment" or drug possession following a miscarriage or stillbirth, with the prosecution alleging that substance use contributed to the pregnancy loss. This approach often targets marginalized communities and is based on the premise that the pregnant person is responsible for the fetus's death.

5. Other Broad Laws (e.g., Child Abuse/Neglect)

In some jurisdictions, prosecutors have attempted to use broad child abuse or neglect statutes, or even laws related to the welfare of a child, to bring charges against women for their actions during pregnancy that allegedly led to a negative outcome, including stillbirth or miscarriage.

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The Broader Impact: Fear, Secrecy, and the Future of Reproductive Healthcare

The chilling effect of pregnancy criminalization extends far beyond the individual women who are arrested. The legal environment created by these prosecutions is fundamentally changing how medical professionals interact with patients and how women manage their own reproductive health.

Deterrence from Seeking Medical Care

When a woman knows that seeking treatment for a miscarriage could lead to police questioning or criminal charges, she is far less likely to go to a hospital. This fear of prosecution can lead to dangerous delays in seeking necessary medical care for complications like hemorrhage or infection, putting the woman's life at risk.

Violation of Medical Privacy

In cases like Brittany Watts's, the criminal investigation often begins with hospital staff reporting the patient to law enforcement. This practice shatters the trust between patient and provider, effectively turning doctors and nurses into agents of the state. It raises serious concerns about the Health Insurance Portability and Accountability Act (HIPAA) and patient confidentiality.

Disproportionate Targeting of Marginalized Women

Data consistently shows that women of color, especially Black women, and low-income women are disproportionately targeted for criminal investigation and prosecution related to pregnancy outcomes. For instance, an Alabama case involved the arrest of a 28-year-old Black woman who suffered a miscarriage after being shot in the stomach, illustrating a disturbing pattern of bias.

The Rise of "Pregnancy Justice" Advocacy

Organizations like Pregnancy Justice are tracking hundreds of cases and fighting back against this trend, arguing that criminalizing pregnancy loss is a violation of human rights and bodily autonomy. They highlight that 10 to 20 percent of known pregnancies end in miscarriage, making this a common biological event that should never be a crime.

The legal battle over the criminalization of miscarriage and stillbirth is a defining feature of the post-Roe legal landscape. As more states adopt restrictive laws and "fetal personhood" measures, the risk of a woman being arrested for a natural, tragic loss will only continue to grow, forcing a national reckoning on reproductive freedom and justice.

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