About 60 pregnancies per day in the U.S. end in stillbirth.

The best way to find out why a stillbirth occurred is a fetal autopsy – yet these procedures are performed in only 1 in 5 of the over 20,000 stillbirths that occur each year. As I explain in my recent book, “Stillbirth and the Law,” the fact that so few fetal autopsies are performed after stillbirths is actually a driver of the disproprotionately high number of stillbirths in the U.S.

One major exception to the rarity of fetal autopsies is when pregnancy loss ends with criminal arrest. Arrests after pregnancy loss are not new, but according to data compiled by the nonprofit group Pregnancy Justice, they have increased since the Supreme Court overturned the federal constitutional right to abortion in 2022.

As a legal scholar who studies pregnancy loss and its potential legal implications, I’m struck by this disparity: Autopsies are rare when the goal is general medical insight about the causes of stillbirth and pregnancy loss more generally, but they are seemingly routine when criminal consequences are possible.

In the U.S., pregnancy loss before 20 weeks is called miscarriage, and pregnancy loss after 20 weeks is called stillbirth. Miscarriage is much more common, with some studies estimating it occurs in as many as 1 in 4 pregnancies. Stillbirth is rarer, but the incidence is still surprisingly high. Currently, about 1 in 170 births in the U.S. is a stillbirth, a rate higher than in many other high-income countries.

Moreover, that number masks a dramatic racial disparity. Black women in the U.S. face double the risk of stillbirth compared with white women.

Doctors – and, consequently, their patients – widely assume that pregnancy losses are inevitable. That’s relatively accurate........

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