In post-Roe America, women who suffer miscarriages face threat of jail
Interview
Since the US Supreme Court overturned the landmark “Roe v. Wade” ruling in 2022, more and more American women have faced prosecution for miscarriages, accused of carrying out illegal abortions. These prosecutions are based on a legal concept known as “fetal personhood”, which means that fetuses, and in some cases even fertilised eggs, now have the same legal rights as a person – making any pregnancy loss potentially criminal.
Issued on: 11/04/2025
By: Barbara GABEL

In the US state of Georgia, a young woman was arrested and charged for concealing the death of a person and abandoning a body after a miscarriage. The charges were later dropped, but the case has sparked outrage among pro-choice activists. © Studio graphique France Médias Monde
Selena Maria Chandler-Scott thought she was getting help. Instead, she ended up in a prison cell. At the end of March, 24-year-old Chandler-Scott was found unconscious and covered in blood at an apartment in the southwestern state of Georgia. Alone, and 19 weeks into her pregnancy, she had just miscarried. Emergency responders rushed to her aid, but the story soon took an unexpected turn. After a witness said they had seen Chandler-Scott place “the fetus in a bag and placed that bag in a dumpster outside”, police recovered the remains and Chandler-Scott was charged with concealing the death of another person and abandoning a dead body, meaning she faced a possible jail term of 13 years.
“What her arrest was for was the fact that after she had the miscarriage, she put the remains in a dumpster,” explained Jill Wieber Lens, a professor at the University of Iowa College of Law and an expert on stillbirth and pregnancy loss. “She did that because, what are you supposed to do, right? She wasn't sure what to do, so that's probably why she did it.”
After spending a few days in jail, Chandler-Scott was released. And on April 5, the Tift County District Attorney Patric Warren dropped the charges, saying the “heartbreaking” case was not legally sustainable. “Our decision must be grounded in law, not emotion or speculation,” he said.
Selena Maria Chandler-Scott thought she was getting help. Instead, she ended up in a prison cell. At the end of March, 24-year-old Chandler-Scott was found unconscious and covered in blood at an apartment in the southwestern state of Georgia. Alone, and 19 weeks into her pregnancy, she had just miscarried. Emergency responders rushed to her aid, but the story soon took an unexpected turn. After a witness said they had seen Chandler-Scott place “the fetus in a bag and placed that bag in a dumpster outside”, police recovered the remains and Chandler-Scott was charged with concealing the death of another person and abandoning a dead body, meaning she faced a possible jail term of 13 years.
“What her arrest was for was the fact that after she had the miscarriage, she put the remains in a dumpster,” explained Jill Wieber Lens, a professor at the University of Iowa College of Law and an expert on stillbirth and pregnancy loss. “She did that because, what are you supposed to do, right? She wasn't sure what to do, so that's probably why she did it.”
After spending a few days in jail, Chandler-Scott was released. And on April 5, the Tift County District Attorney Patric Warren dropped the charges, saying the “heartbreaking” case was not legally sustainable. “Our decision must be grounded in law, not emotion or speculation,” he said.
Surge in prosecutions
But the case had already sparked shock and outrage on social media. In a video on Instagram, Jessica Valenti, a feminist writer and author of the newsletter “Abortion, Every Day”, denounced the lack of media coverage and what she said was the “normalisation” of cases similar to Chandler-Scott’s. “This is such a huge part of their strategy, to make us numb to their extremism, to get us accustomed to the horror stories, so as more and more of those stories come out, we’re not reacting with outrage, we’re not pushing public backlash, we’re just sort of letting them roll off our backs.”
The Chandler-Scott case, which occurred in a state that carries a six-week abortion ban, is far from the only one. Since Roe v. Wade was torn up in June, 2022 – ending the federal right for women to abort – the number of legal actions against pregnant women or women who have experienced a pregnancy loss have surged.
According to Pregnancy Justice, a reproductive rights group, at least 210 women were prosecuted the year after Roe v. Wade ended – the biggest number since the group began collecting such data. As many as 22 of the women were charged after they had experienced a pregnancy loss (i.e., through miscarriage, stillbirth or the death of a prematurely born baby).
In 2023, Brittany Watts, a young Black woman from Ohio, was prosecuted over a miscarriage that occurred 22 weeks into her pregnancy. Just before the miscarriage, she had experienced sharp abdominal pains and had sought treatment in hospital where she was told the fetus’s heartbeat could be detected but that it was non-viable. Watts was shocked by the news, and decided to return home as the pain subsided.
In the middle of the night, Watts felt an urgent need to go to the toilet. When she did, the fetus came. A still bleeding Watts returned to the hospital the next day, where hospital staff notified the police of the miscarriage and “the need to locate the fetus”. Police then found the fetus clogged in the toilet and charged Watts with “abuse of a corpse” – a felony that can lead to up to one year in prison and $2,500 in fines. An autopsy later showed that the fetus had died in utero and a grand jury declined to move forward with the case. Watts has since filed a lawsuit accusing the hospital and police of conspiring to fabricate the charges that were brought against her.
In a similar incident in 2023, 23-year-old Amari Marsh, also a Black woman, was arrested and detained for a total of 22 days after having lost her pregnancy when she went to the toilet. She was charged with “homicide by child abuse” and faced a life sentence for the crime. Although the charges were later dropped, she has been marked for life.
An embryo worth more than a woman?
At the core of this massive crackdown is the new legal concept of “fetal personhood” which designates fetuses, and in some cases even embryos and fertilised eggs, as entities that have the same rights and protections as a person.
According to the Guttmachter Institute, an international NGO that works to improve sexual health and promote reproductive rights, 27 laws in 14 US states now refer to this concept. Activists say prosecutors are increasingly using it to go after women, especially when a pregnancy has been lost under unclear circumstances.
“The message is brutal: an embryo, even a non-viable one, is worth more than a living woman,” said Alice Apostoly, co-founder and co-director of the institute. “They’re sanctifying unborn life as a way to reduce women to their reproductive roles.”
In the wake of the Chandler–Scott case, Democrats in Congress have stepped up their criticism of such prosecutions, with House of Representatives member Sara Jacobs writing on X: “We can't let fetal personhood become federal law.”
“There's increased suspicion in pregnancy loss after Dobbs [the decision that tore up Roe v. Wade],” Wieber Lens said. “Because now, every time there's a pregnancy loss, it's like, well, did you get abortion medication to cause that or was it really a pregnancy loss?”
Controlling women's bodies
There is also an inequality in the women being prosecuted. “Unfortunately a lot of law enforcement in the US will tend to suspect women of colour and women of lower income much more,” Wieber Lens said.
According to Pregnancy Justice’s report, more than 45 percent of the women prosecuted between 2022 and 2023 were either Black, Latina or Indigenous.
Some of these women have had their medical records shared with authorities without their consent. Although the Health Insurance Portability and Accountability Act (HIPAA) is supposed to protect the privacy of a person’s health information, such violations are rarely punished, and there are many exceptions. “We are seeing that healthcare providers are calling the police, disclosing medical information. We're not seeing the healthcare providers get in trouble, though,” Lens said. ”So I don't think the privacy laws are providing that much of a deterrent right now.”
According to the National Library of Medicine, an estimated 26 percent of US pregnancies end in miscarriages. Most of them occur in the first trimester, and sometimes even before the woman knows she is pregnant. “Miscarriage has been happening forever, right?,” Lens said. ”A person will just bleed in the pad and they will miscarry that way. Or, they have a miscarriage on the toilet and maybe they flush. This happens all the time. Am I now going to face possible criminal charges or criminal arrest if I flush the toilet? That, I think, is the really scary part.”
Apostoly said that this effort to control female bodies is part of a broader societal project "dreamed up and wanted" by the American far right.
"In this reactionary ideology, it’s about forcing a brutal return to the past.”
This article was adapted from the original in French by Louise Nordstrom.