University of Kentucky Student Indicted Over Pregnancy Loss Case
A 22-year-old University of Kentucky student has been indicted this week on serious charges related to a pregnancy loss that occurred last year, reigniting debates about the criminalization of miscarriage and stillbirth in the United States. The woman, whose identity is being withheld for privacy reasons, was indicted on Tuesday on charges including first-degree manslaughter, abuse of a corpse, tampering with physical evidence, and concealing the birth of an infant.
Details of the Case and Initial Arrest
The student was initially arrested in August after police responded to a report of a "deceased infant" at her Lexington home. According to arrest records, the newborn was discovered wrapped in a towel and placed inside a trash bag within her closet. In an affidavit, the woman explained to authorities that she believed the baby was dead and wrapped it "like a burrito," lying next to it on the floor for comfort during a distressing moment.
The first-degree manslaughter charge was not part of the original arrest but was later added by a grand jury. All charges cited in this case are commonly used against women who have experienced miscarriage or stillbirth, raising concerns about legal overreach in obstetric emergencies.
Broader Context of Pregnancy Loss Criminalization
This Kentucky student is among several women recently prosecuted for concealing a birth and abuse of a corpse. Legal experts argue that such cases often misinterpret tragic pregnancy outcomes as criminal acts. Karen Thompson, legal director at Pregnancy Justice, noted, "The fact is, postpartum people will always be retrofitted into crimes — from 'concealing a birth' to reporting pregnancy loss to a hospital."
Abuse of a corpse laws, originally intended for cases like grave digging or necrophilia, are frequently applied when women miscarry or deliver a stillborn and are unsure how to handle the remains. Similar incidents have led to arrests for actions such as flushing fetal remains or burying them. Approximately 20 states have laws criminalizing the disposal of pregnancy loss remains or classifying it as "abuse of a corpse."
Medical and Legal Uncertainties
The Kentucky medical examiner's office determined that the "infant ... was born alive," with the cause of death listed as "asphyxia by undetermined means." However, the methods used to ascertain live birth, such as the lung float test, are widely criticized by experts. This test, dating back to the 1600s, has been compared to Puritan-era witch trials and is deemed unreliable by organizations like the National Association of Medical Examiners.
Farah Diaz-Tello, senior counsel at If/When/How, emphasized that these cases often arise "because somebody was shocked and offended," rather than based on solid evidence. The Fayette County coroner's office and state medical examiner have not clarified how they concluded the newborn was alive, and the student's attorney has not commented on the case.
Historical and Legislative Background
Concealment-of-birth statutes, still active in 15 states, originate from 1696 when American colonies adopted them from English common law. These laws were based on outdated notions that women who had sex outside marriage were immoral and likely to hide pregnancies or harm newborns. In response, a Kentucky legislator recently introduced a bill to remove penalties for pregnancy outcomes, including miscarriage, stillbirth, and abortion, and to repeal the state's concealment-of-birth statute.
Rising Trends in Pregnancy-Related Prosecutions
Since the Supreme Court overturned Roe v. Wade, there has been a significant increase in the surveillance and criminalization of pregnant individuals. Pregnancy Justice documented at least 412 pregnancy-related prosecutions in the year following Roe's fall, the highest annual number since tracking began in 1973. Over the past two decades, more than 161 people have been prosecuted specifically for pregnancy loss, with many others investigated.
Annually, around 21,000 pregnancies end in stillbirths in the U.S., according to a Harvard study, highlighting the prevalence of such tragedies. Media coverage often exacerbates the situation by using mug shots and dramatic language like "dead infant" to portray pregnancy loss in a negative light.
Resources for Support
For those needing assistance with self-managing a miscarriage, stillbirth, or abortion, the Miscarriage and Abortion Hotline is available at 833-246-2632. Confidential medical support and legal advice can be accessed through the Repro Legal Helpline at 844-868-2812.
