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Fact check: In several states in the US, if a baby died inside a pregnant woman, it will not be removed until the mother is near death

Checked on January 26, 2025

1. Summary of the results

The original statement contains some inaccuracies but points to a real and complex issue. While there isn't direct evidence that deceased fetuses "will not be removed" until near death, sources indicate that in states with strict abortion bans, doctors may delay intervention in pregnancy loss cases due to legal risks until a patient's life is "overtly threatened" [1]. This medical hesitation stems from complex legal frameworks rather than absolute prohibitions.

2. Missing context/alternative viewpoints

Several crucial pieces of context are missing from the original statement:

  • Currently, abortion is illegal in 13 states and heavily restricted in many others following the overturning of Roe v. Wade [2]
  • Some states have implemented fetal personhood laws that define fetuses as legal persons, complicating medical decision-making [3]
  • Women have faced criminal charges after pregnancy loss in multiple states, including South Carolina, Georgia, Ohio, Arkansas, Texas, Mississippi, and Oklahoma [4]
  • There has been an increase in prosecutions related to pregnancy loss following the Dobbs decision [5]
  • Women can face criminal investigation for how they handle pregnancy loss, including charges of improper disposal of fetal remains or not seeking medical treatment [5]

3. Potential misinformation/bias in the original statement

The original statement oversimplifies a complex medical and legal situation:

  • It presents the situation as an absolute rule ("will not be removed"), when in reality it's more about medical practitioners' hesitation due to legal risks [1]
  • It fails to acknowledge that these situations arise from complex legal frameworks involving fetal personhood laws [3] rather than explicit prohibitions
  • The statement might benefit advocacy groups on both sides of the abortion debate:

Pro-choice groups might use it to highlight the extreme consequences of strict abortion laws

Pro-life groups might argue it misrepresents their position, as infanticide is explicitly illegal in all U.S. states [6]

The reality is more nuanced, involving medical practitioners navigating complex legal risks while trying to provide appropriate care in challenging circumstances.

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