Stillbirths and the law: California bill would end coroner investigations of lost pregnancies

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A Democratic bill would no longer treat stillbirths as “unattended deaths,” investigated by coroners. But anti-abortion activists fear the change would legalize “infanticide” after babies are born.…

The other, Adora Perez, was interviewed by a Kings County sheriff’s deputy serving as a coroner 90 minutes after her stillbirth in December 2017, according to medical records shared by her legal team with CalMatters. Her case was referred to the local police department one hour later. She was arrested as she was being discharged from the hospital.instructing prosecutors and police not to pursue charges against people who miscarry or deliver stillbirths, calling out the Perez case by name.

Fetal deaths after 20 weeks are called stillbirths. Before 20 weeks, they are referred to as miscarriages, according to the“The loss of a pregnancy at any stage is a physically and emotionally traumatic experience that should not be exacerbated by the threat of being charged with murder,” Bonta said in January.

Kings County District Attorney Keith Fagundes, who prosecuted both Kings County women, has told CalMatters that he will continue to file murder charges against people who miscarry or deliver stillbirths and test positive for drugs if he feels the cases warrant prosecution. Abortion rights advocates believe the Kings County cases have broad implications for abortion access in California, potentially opening the door to criminal prosecutions of people seeking to terminate pregnancies.

One aspect of the proposed bill challenged by anti-abortion activists is its treatment of perinatal infant deaths.

 

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