Noteworthy Cases in GA:
Selena Maria Chandler-Scott was charged with “concealing the death of another person” and “abandoning a dead body” after she experienced a miscarriage. Charges were dropped after a medical examiner confirmed that she experienced a “naturally occuring” miscarriage, 2025.
Kenlissia Jones was arrested and held without bond on the charge of “malice murder,” after experiencing a still birth, due to the criminalization of self-managed abortion. Following those charges being dropped and her release, she still faced a misdemeanor charge of “possession of a dangerous drug.” The drug was misoprostol, a common abortion pill, 2015.
Pregnancy loss: MIscarriage or stillbirth
A miscarriage is defined as the sudden loss of a fetus before the 20th week of pregnancy. It’s estimated that 10 to 25% of confirmed pregnancies end in a miscarriage. Miscarriages have a variety of causes, such as chromosome problems with the fetus, drug use, exposure to toxins, and systemic diseases. It’s safe to say that miscarriages are something that most pregnant people will experience at some point in their lives. Yet we are seeing an increase in convictions against people who experience miscarriages, according to Unite for Reproductive Gender & Equity (URGE).
Miscarriage convictions usually focus on people with substance abuse issues; Laws called chemical endangerment laws specifically target people who use drugs while pregnant. Furthermore, fetal personhood laws, which focus on the rights of fetuses, are also used to convict individuals who have miscarriages. These laws became a common right-wing talking point and response to the 1973 Roe v. Wade decision. It should also be pointed out that chemical endangerment and fetal personhood laws have a direct history of being weaponized against Black mothers.
In Georgia, House Bill 441 is legislation that if passed would result in a whole lot more miscarriage investigations.
The legislation is part of a broad and disturbing trend spanning the country: Since January, Republicans in 11 states have introduced ‘equal protection’ bills to prosecute abortion patients for murder, with penalties ranging from life in prison to the death penalty. These bills are written specifically to allow law enforcement to investigate any kind of pregnancy loss.
Many states have laws on the handling of fetal remains following a miscarriage or stillbirth, which are now being weaponized against pregnant people. Most are health codes for hospitals or medical providers—not criminal statutes. The rules vary on exactly what should be done, and at what gestational age the requirements begin. Confusion about the legal requirements and the science behind stillbirth has enabled states to use these laws—and medical examiner’s offices—to launch criminal prosecutions. Often, experts say, the investigation hinges on suspicion that the woman didn’t want her baby or tried to end her pregnancy — legally or illegally, depending on the state.