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A Miscarriage of Justice: An Unpredictable Medical Emergency Should not Put Anyone at Risk of Being Arrested

Updated: Apr 23

Some things simply should not be allowed to happen. When they do, as a society we must recognize the circumstances that allow them to happen and take action to prevent them from recurring in the future. Reasonable people can disagree about when and under what circumstances abortion is appropriate based on different priorities and values. A woman being arrested for actions related to a miscarriage is unequivocally beyond that area of reasonable disagreement. This is a naturally occurring and unpredictable medical event which can sometimes put a woman’s health, or even her life, at risk and no one should ever be arrested or jailed for this. And yet this is precisely what has happened recently right here in Georgia.

            The details surrounding the March 21, 2025 arrest of Selena Maria Chandler-Scott in Tift County, GA have been thoroughly reported[1] and to not need a detailed recounting here. It is sufficient simply to repeat that Ms. Chandler-Scott experienced a miscarriage and disposed of the remains in a dumpster near her place of residence. She was then arrested by the Tifton, GA Police[2] and charged with one count of concealing the death of another person (GA Code § 16-10-31)[3] and one count of throwing away or abandonment of a dead body (GA Code § 31-21-44.2)[4]. There was a similar case in Columbia County, GA in July of 2024[5] but in that instance the woman was not arrested and no charges were filed.

            The problem in Ms. Chandler-Scott’s case does not arise from these statutes though. The problem arises because of the definitions created by Georgia’s Living Infants Fairness and Equality (LIFE) Act (HB 481)[6] which primarily amended GA Code § 16-12-141[7] relating to abortions but also amended GA Code § 1-2-1[8] which defines classes of persons under Georgia law. This law defines a “natural person” as “any human being including an unborn child”. Therefore, reading the statutes literally, if a woman has a miscarriage, and disposes of the remains she is guilty of violating both of the statutes referenced above since they do not provide any explicit exceptions for these circumstances. This must change.

            It is easy for someone looking from the outside to brush this aside and say women in these cases should just dispose of the remains appropriately but this is dismissive of the trauma they have endured, the difficulty of even understanding what that means, and the fact that they might be in immediate medical danger themselves. Furthermore, medical professionals in Georgia are now more hesitant[9] to offer dilation and curettage (D&C), which is often necessary to remove unexpelled tissue after a miscarriage, for fear of losing their license or even being prosecuted because of the restrictions of HB 481. It is often said that ignorance of the law is no excuse but be honest with yourselves, how many knew the four different sections of the Georgia state code referenced here and how HB 481 impacted the way they interact before reading this? Whatever our awareness of the law, no one should fear to seek, or offer, potentially lifesaving medical care for fear of being arrested. Equally important, no medical professional should fear repercussions for performing these necessary and often life-saving procedures.

            A woman was arrested, and though the charges have now been dropped[10], she was still put through unnecessary trauma in addition to her medical trauma. Doctors fear professional and legal repercussions for performing life-saving procedures. All related to something that is a natural and unpredictable process. This in itself is unacceptable. Moreover, there is no parallel circumstance where a man would fear to seek medical treatment for a naturally occurring issue due to fear of arrest and prosecution. This elevates the matter to one of discrimination based on gender and equal protection under the law. The environment created by HB 481 is one of confusion and uncertainty. How can a person be charged with crimes related to abuse of a corpse, mishandling a body, or concealing a death when the body does not have a birth certificate as would be the case in any miscarriage? Even in the case of Ms. Chandler-Scott different parts of the law enforcement community seem to be on different wavelengths. The Police arrested and charged her and yet the local District Attorney stated that miscarriages are typically “deemed a medical condition and prosecution is not warranted”. Ms. Chandler-Scott has done nothing wrong. To treat her as a potential criminal is cruel and dehumanizing. The law must be clarified so that citizens, medical professionals, and law enforcement all understand what is and is not appropriate under the law and women are not in fear of being turned away when seeking medical care or arrested after experiencing a miscarriage. Failure to do so is a betrayal of society’s fundamental communal duty to care for its members. Some argue that even after a miscarriage, remains should be disposed of in a respectful manner. Fine. In this case a woman must also not fear being charged under the abortion statute if she calls the authorities after experiencing a miscarriage. The atmosphere of fear and uncertainty still surrounds the environment a woman faces in these circumstances and that must change.

            Reasonable people can disagree about the appropriate upper and lower bounds on the issue of abortion. No reasonable person should find this situation acceptable. Prior to and during the next legislative session, all Georgia state legislators should be encouraged by constituents to amend the law so that:


1) Women experiencing a miscarriage do not:           

a) fear seeking medical treatment when experiencing a miscarriage or other complication  related to a pregnancy;

b) face arrest or prosecution for the handling of the remains of a miscarriage;


and,


2) Medical professionals do not face professional or criminal repercussions for offering or performing necessary medical care to patients experiencing a miscarriage.


[4] GA Code § 31-21-44.2

[8] GA Code § 1-2-1

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