Groups Concerned Utah 'Feticide' Law Could Target Women Who Miscarry

The American Civil Liberties Union, the American Medical Association and National Advocates for Pregnant Women remain concerned that women who miscarry could face criminal homicide charges under a new Utah law (HB 462), Women's eNews reports (Sclamberg, Women's eNews, 4/20). Under the law, which Gov. Gary Herbert (R) signed last month, prosecutors can file such charges against women who arrange illegal abortions (Women's Health Policy Report, 3/9). Convictions can result in sentences of up to life in prison.

Herbert refused to sign an earlier version (HB 12) that would have allowed criminal charges against women for any "reckless" act resulting in the death of the fetus. The governor and others were concerned that language could apply to women who miscarry after unintentional falls or car accidents.

The final measure omitted the term "reckless," but critics say the law still could have consequences for women who miscarry. Although several other states have so-called "feticide" laws, the Utah statute differs notably in that it allows charges against the woman. Lynn Paltrow, executive director of NAPW, said other states' laws "were passed in response to a pregnant woman who has been beaten up by a husband or boyfriend."

AMA is concerned that the law will make some women fearful of seeking prenatal care. According to an AMA statement, "Pregnant women will be likely to avoid seeking prenatal or open medical care for fear that their physician's knowledge of substance abuse or other potentially harmful behavior could result in a jail sentence."

In addition, the statute gives law enforcement officials discretion over arrests. State Rep. Carl Wimmer (R), the bill's sponsor, maintains that the law will be applied only "in the most glaring of cases."

However, Liza Fuentes and Sheila Reynoso, researchers at the National Latina Institute for Reproductive Health, argue in a jointly authored paper that the law could result in arrests of women who experience unintended miscarriages. For example, they ask, "What if a woman received treatment for cancer while pregnant?" Fuentes and Reynoso also write that the law "will be tested out on immigrants women and low-income women," as they are "less likely to have health insurance, a regular health care provider and more likely to work in dangerous conditions" compared with their white counterparts (Women's eNews, 4/20).


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