Recent criminal cases involving pregnancy loss have raised questions about what the law in Kentucky actually requires when someone experiences a miscarriage or stillbirth.
Several women in the state have been charged in recent months with offenses such as concealing the birth of an infant or abuse of a corpse. The circumstances in those cases differ widely, ranging from someone who took abortion medication to another who reported a miscarriage but faced charges more than a year later.
Despite these prosecutions, state law does not criminalize pregnancy loss or require someone to report a miscarriage to police.
Reporting responsibilities fall on providers
Under Kentucky law, most reporting requirements related to fetal deaths apply to medical professionals and institutions, not patients.
State statute KRS 213.096 requires health care providers or hospitals to complete and file a stillbirth certificate if a fetal death occurs at 20 weeks of pregnancy or later. Those records are submitted to the Kentucky Department for Public Health’s Office of Vital Statistics, which maintains records of births, deaths and fetal deaths.
If a birth occurs outside a hospital, the person assisting with the delivery — such as a doctor, midwife or another individual present — is responsible for reporting the birth.
Kentucky law also does not require a person to preserve fetal tissue or turn it over to law enforcement after a miscarriage.
Laws used in recent prosecutions
Even though pregnancy loss itself is not illegal, some prosecutors have relied on other statutes when bringing charges.
Two commonly used charges — concealing the birth of an infant and abuse of a corpse — date back to 1975. They were originally intended to address situations such as hiding a deceased newborn or improperly handling human remains.
Because the law does not clearly specify what someone should do with fetal remains after a miscarriage outside a medical facility, legal experts say the situation can become unclear for those managing pregnancy loss at home.
According to the nonprofit Pregnancy Justice, at least 58 prosecutions nationwide between 2006 and 2024 involved allegations related to how people handled pregnancy loss or fetal remains.
Confusion among investigators and prosecutors
In some Kentucky cases, law enforcement has acknowledged relying on prosecutors and other officials when determining charges.
The Kentucky State Police said charging decisions often involve collaboration with commonwealth attorneys, coroners and other agencies rather than being made solely by police.
Officials have also declined to clarify what specific steps someone should take after a miscarriage outside a hospital setting.
New legislation could change the law
Lawmakers in the Kentucky General Assembly are considering new proposals that could reshape how pregnancy-related cases are handled.
One proposal, House Bill 714, would expand homicide laws to include the death of an unborn child. The legislation was written by Bradley Pierce, president of the Foundation to Abolish Abortion.
Another proposal, House Bill 646, would make it a felony to mail or distribute abortion-inducing pills.
Meanwhile, Democratic lawmakers have introduced legislation aimed at protecting patients who seek reproductive health care outside Kentucky. A bill filed by Lindsey Burke of Lexington would limit the use of medical records in criminal investigations tied to abortion care.
For now, Kentucky law provides limited guidance on what individuals should do after experiencing a miscarriage, leaving some legal gray areas as lawmakers continue debating potential changes.