When Pregnancy Becomes a Crime: Can You Get Arrested for Abortion, Miscarriage, or Stillbirth?

ICRF
October 1, 2025

In post-Dobbs America, over 400 people in 16 states have been prosecuted for pregnancy outcomes, including miscarriages and stillbirths. At least 16 of those cases involved homicide charges. Across states, new bills are now pushing to criminalize abortion as murder, threatening both patients and providers. This isn’t speculation, it’s happening now.

Prosecutions on the Rise

Since Roe v. Wade was overturned, prosecutions tied to pregnancy outcomes have spiked. The advocacy group Pregnancy Justice tracked 412 pregnancy-related prosecutions across 16 states most involving allegations under child endangerment or abuse laws. At least 16 were homicide charges. Only 31 of those cases documented included miscarriages or stillbirths others were tied to live births. Source

One Ohio case has drawn national attention. Brittany Watts was arrested for “abuse of a corpse” after suffering a miscarriage. She’s now suing police and hospital officials for criminalizing her medical care.  Source

Doctors Can Be Targeted, Too

States like Louisiana are issuing warrants for out-of-state providers who mail medication abortion pills across state lines. Source. A New York doctor has already been indicted for prescribing abortion pills to a teen in Louisiana. In Iowa, the law is enforced via the Board of Medicine, not criminal court.

In other states, lawmakers are pushing bills to classify abortion as murder, raising the risk of criminal charges for patients and physicians alike. Source. These bills are proposed, not yet enacted.

Surge in Sterilization Requests

As legal uncertainty grows, more people are opting for permanent birth control, sometimes out of fear they’ll lose access to abortion or contraception. In Iowa, an OB/GYN reported 200+ patient messages over one weekend asking about sterilization, far above the usual one or two.

A study from George Washington University found that after Dobbs, searches for sterilization spiked, especially among adults aged 20–29. Source.

The Ripple Effect of Fewer OB/GYNs

These legal threats discourage doctors from practicing or training in states with abortion bans. That means fewer providers to offer prenatal/postnatal care, birth control, cancer screenings, fertility services, not just abortion care.

So… Can You Be Arrested? The Short Answer: Yes: Under Some Laws

Even in states without explicit criminal abortion bans, people have been prosecuted under other laws not originally intended for pregnancy outcomes:

  • “Concealing death” or “abuse of a corpse” — used in cases of miscarriage or stillbirth, when authorities misunderstand or criminalize pregnancy loss.
  • Fetal homicide or feticide laws — originally meant to protect pregnant victims of violence, now repurposed to charge pregnant people themselves.
  • Criminal abortion statutes — revived or expanded as states strengthen abortion bans.

In many cases, charges are eventually dropped but not before patients endure public humiliation, legal costs, and the lifelong trauma of being treated like a criminal for experiencing pregnancy loss.

What This Means for Iowa

While Iowa currently punishes physicians (not patients) under its laws, future shifts like fetal personhood statutes could open paths for prosecuting pregnancy outcomes. The national context shows how fast legal boundaries are moving.

We must demand clarity, protect medical decision-making, and resist laws that criminalize medical care.

The criminalization of miscarriage, stillbirth, or abortion is no longer hypothetical, it’s happening now. These prosecutions target the most vulnerable and sow fear into every stage of reproductive care. We must fight to ensure that medical decisions remain between a patient and their provider, not in a courtroom.

Sources

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