Keith Mack
Georgia's abortion laws have sparked controversy, with a recent case in Tifton, Georgia, where a 24-year-old woman was arrested and charged after losing her pregnancy. This has raised questions about the implications of Georgia's abortion laws and the treatment of pregnant prisoners. Georgia's abortion laws ban the procedure after six weeks, and a fetal-personhood law grants legal rights to an embryo or fetus, blurring the lines between pregnancy loss and criminal liability. The state has also introduced protections for pregnant prisoners, including the Georgia Dignity Act, which aims to improve conditions and ensure safety for incarcerated women. However, concerns remain about the impact of strict abortion laws and the ability of jails to provide adequate care for pregnant individuals.
| Characteristics | Values |
|---|---|
| Can Georgia jail a pregnant woman under new law? | Yes, Georgia can jail a pregnant woman under the new law. |
| Name of the new law | The Georgia Dignity Act, HB 345 |
| Date of enactment | October 1, 2019 |
| What does the law do? | Provides protections for pregnant prisoners |
| What are the protections? | The law prohibits the use of restraints on pregnant women, bans squatting and coughing during strip searches, bans vaginal examinations unrelated to the pregnancy, and bans placement in solitary confinement that is not in a medical setting. |
| What else does the law ensure? | The law ensures that women prisoners have access to feminine hygiene products, requires corrections staff to take gender-sensitivity training, and requires the state prison system to consider the location of a female prisoner's spouse and children when making prison housing decisions. |
| What is the law regarding abortion in Georgia? | Georgia bans abortion once fetal cardiac activity is detected, which happens around the sixth week of pregnancy. |
| What is the law regarding miscarriage in Georgia? | Georgia authorities have attempted to use a fetal-personhood law to bring criminal charges against women who miscarry. |
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What You'll Learn
Georgia's abortion ban and fetal personhood law
Georgia's abortion laws have been a subject of recent debate and concern, particularly regarding the arrest of a woman after a miscarriage. The state's abortion ban and fetal personhood law have raised questions about the rights of pregnant women and the potential for criminal charges related to pregnancy loss.
Georgia's abortion ban, which went into effect in 2019 after Dobbs, prohibits abortion once fetal cardiac activity is detected, which typically occurs around the sixth week of pregnancy. This law includes a fetal personhood component, defining an embryo or fetus as a "natural person" with legal rights. While state officials have stated that abortion seekers cannot be prosecuted, the attorney general's office has not provided clarity on whether individuals can be charged with other offenses connected to their pregnancies.
The arrest of a 24-year-old woman in Tifton, Georgia, who experienced a pregnancy loss, has alarmed reproductive health experts and advocates. This case appears to be the first time Georgia authorities have attempted to use the fetal personhood law to bring criminal charges. Experts worry that recognizing a fetus as a person under the law could lead to charges for individuals who lose a pregnancy and then dispose of the remains in a way that is not in line with the law.
The lack of clear guidelines on how to handle fetal remains further complicates the situation. Grace Howard, an associate professor of justice studies, notes that there are no universal standards in the U.S. dictating the proper disposal of fetal remains, leaving individuals unsure of how to proceed after a miscarriage or stillbirth. This ambiguity, coupled with the abortion ban and fetal personhood law, creates a concerning situation where individuals could face criminal charges for their actions following a pregnancy loss.
In contrast, Georgia has also enacted laws to protect pregnant prisoners. The Georgia Dignity Act, which took effect in 2019, aims to improve the treatment of pregnant inmates by banning the use of restraints during the second or third trimester and the immediate postpartum period. It also prohibits requiring pregnant inmates to squat and cough during strip searches and undergo unnecessary vaginal examinations. The law ensures access to feminine hygiene products and requires gender-sensitivity training for corrections staff. These protections highlight a conflicting approach to pregnant women in Georgia, with advancements in prisoner rights but restrictions on abortion and potential criminalization of pregnancy loss.
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Arrests of women after miscarriage
In March 2025, a 24-year-old woman in Tifton, Georgia, Selena Maria Chandler-Scott, was arrested and charged with "concealing the death of another person" and "abandonment of a dead body" following a miscarriage. This case has alarmed reproductive health experts and advocates, who argue that it reflects the growing criminalization of pregnancy and miscarriage in the state.
Georgia's abortion legislation, the Living Infants Fairness and Equality (LIFE) Act, bans most abortions after six weeks of pregnancy and grants personhood status to embryos and fetuses. This means that women who miscarry can potentially be exposed to criminal charges if authorities believe they contributed to the pregnancy loss or improperly handled fetal remains. While state officials have stated that abortion seekers cannot be prosecuted, the attorney general's office has refused to clarify whether people can be charged for other offenses connected with their pregnancies.
The arrest of Chandler-Scott is not an isolated incident. Brittany Watts was also arrested in connection with a miscarriage and filed a lawsuit claiming that she suffered public humiliation and emotional distress, even after the charges against her were dropped. Reproductive rights advocates have warned that such laws can criminalize women experiencing pregnancy complications or miscarriages, and experts say that the criminalization of pregnancy has intensified since the 2022 Dobbs decision that overturned Roe v. Wade.
While Georgia has introduced protections for pregnant prisoners, such as the Georgia Dignity Act, which bans the use of restraints on pregnant women and prohibits them from having to squat and cough during strip searches, the state's abortion laws and their application to miscarriage have raised concerns among women's health advocates. The incarceration rate for women in Georgia has been growing, and with it, the focus on how they are treated while imprisoned.
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Treatment of pregnant inmates
Georgia's new law, the Georgia Dignity Act, provides protections for pregnant prisoners. The law, which came into effect on October 1, 2019, aims to improve the treatment of pregnant inmates and ensure their safety and dignity.
The law prohibits the use of restraints, such as handcuffs, waist shackles, and leg irons, on pregnant women in their second or third trimester, during labour, delivery, or in the immediate postpartum period. The immediate postpartum period refers to the six-week period following childbirth, unless extended by a physician due to complications. The only exception to this rule is if there are compelling grounds to believe that the woman presents an immediate and serious threat of harm to herself, staff, or others, or if she is a substantial flight risk. In such cases, only wrist handcuffs can be used, and the woman's wrists must be held in front of her body.
The Georgia Dignity Act also prohibits pregnant women from being subjected to vaginal examinations unless prescribed and performed by a licensed healthcare professional. Additionally, the law states that pregnant women should not be required to squat or cough during a strip search conducted in their second or third trimester.
The new law also addresses the transfer of pregnant inmates, stating that those awaiting transport to a state prison should be transferred as quickly as possible. This ensures that pregnant women receive the necessary care and attention in a more suitable environment.
Furthermore, the Georgia Dignity Act ensures that women prisoners have access to feminine hygiene products, and it requires corrections staff to undergo gender-sensitivity training. The state prison system is also required to consider the location of a female prisoner's spouse and children when making housing decisions.
The enactment of this law demonstrates Georgia's commitment to improving the conditions and treatment of incarcerated women, ensuring that their basic needs and health are addressed during their pregnancy and postpartum period.
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The Georgia Dignity Act
The Dignity Act was hailed as a great humanitarian advancement, as it addresses the undignified and cruel treatment endured by women in prisons, who are the fastest-growing population in American prisons. The effort to pass the bill was led by Pamela Winn, a formerly incarcerated woman who had miscarried after falling while shackled during her sentence. Winn became an activist after her release and worked with criminal justice reform advocates to pass anti-shackling legislation.
The Act also includes provisions to ensure that women prisoners have access to feminine hygiene products and that corrections staff undergo gender-sensitivity training. Additionally, the state prison system is required to consider the location of a female prisoner's spouse and children when making housing decisions.
Despite the protections offered by the Georgia Dignity Act, there are still concerns about the treatment of pregnant people in the state's county jails. Jails are constitutionally required to provide healthcare to detainees but may not be equipped to adequately care for pregnant individuals throughout their entire pregnancy. There have been reports of women giving birth alone in jail cells or while shackled to a hospital bed, and the number of women giving birth in the Georgia Department of Corrections system has recently plummeted, raising questions about access to medical care during the pandemic.
Furthermore, Georgia's strict abortion laws and the criminalization of pregnancy have raised fears and anger among women’s health advocates. The state's six-week abortion ban, known as the Living Infants Fairness and Equality (LIFE) Act, provides any fetus with a heartbeat legal recognition, and experts say this has led to the growing criminalization of pregnancy. There have been cases of women being arrested and charged in connection with having a miscarriage, which has drawn criticism and warnings from lawmakers.
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Reproductive health experts' concerns
In 2019, Georgia passed a law that bans abortion once fetal cardiac activity is detected, which usually happens around the sixth week of pregnancy. The law also includes a fetal personhood component that defines an embryo or fetus as a "natural person" with legal rights. Reproductive health experts and advocates have raised several concerns about the impact of this law on the reproductive rights and health of women in Georgia.
One of the main concerns is the potential criminalization of pregnant women. The fetal personhood law blurs the lines between a fetus and a person, which could lead to pregnant women being charged with crimes related to their pregnancies. This is especially concerning given the lack of clarity from state officials on whether people can be prosecuted for offenses connected to their pregnancies. Reproductive health experts worry that women who experience pregnancy loss or miscarriage could be at risk of criminal charges, as there are no clear guidelines on how to dispose of fetal remains.
The law also restricts access to safe and legal abortion services, which are essential for comprehensive reproductive health care. Experts estimate that the law would eliminate access to abortion for nearly 90% of patients in Georgia, disproportionately affecting those who are Black, younger, and in lower socioeconomic status groups. This could lead to unsafe abortion practices and further increase the state's already high maternal mortality rate.
Additionally, the law has hindered the ability of medical professionals to provide evidence-based care and counseling. Doctors have expressed frustration at being unable to provide necessary medical care due to the legal restrictions. They have also raised concerns about the impact of the law on the mental health of both patients and physicians, as they navigate difficult decisions and carry the emotional burden of limited options.
Furthermore, the law has led to a shortage of OB-GYN doctors in the state, making it even more difficult for women to access reproductive health services. The combination of restricted access to abortion and a shortage of medical professionals risks endangering the lives and well-being of pregnant women in Georgia.
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Frequently asked questions
Yes, Georgia can jail a pregnant woman. However, the Georgia Dignity Act, which came into effect on October 1, 2019, provides some protections for pregnant prisoners.
The Act places restrictions on the use of shackles or solitary confinement on incarcerated pregnant women. It also bans the use of restraints on women in their second or third trimester or the immediate postpartum period, and prohibits them from having to squat and cough during strip searches.
The abortion ban, known as the Living Infants Fairness and Equality (LIFE) Act, provides any fetus with a heartbeat legal recognition under the law. This has led to concerns that women who miscarry beyond the six-week marker can be criminalized for their miscarriage.
The fetal personhood law defines an embryo or fetus as a "natural person" with legal rights. This has resulted in the criminalization of conduct such as drug use or disposal of fetal remains, solely because a person is pregnant. There are also concerns about the lack of clarity on how to dispose of fetal remains after a miscarriage or stillbirth.
