How Should Pregnancy Tissue Be Handled After A Miscarriage? The Laws Don’t Say
A Georgia woman was charged with abandonment of a body after her miscarriage.
On March 20, Selena Chandler-Scott of Tift County, Georgia, was found unconscious and bleeding near her apartment complex. First responders (and later, doctors at a nearby hospital) determined she’d had a miscarriage at approximately 19 weeks gestational age.
But when a witness informed law enforcement that they’d seen Chandler-Scott dispose of the remains of her miscarriage in a nearby dumpster, she was charged with concealing a death and abandonment of a dead body... despite the fact that there are no laws in the state of Georgia that address what to do with the remains of a miscarriage.
While the charges were ultimately dropped, with Tift County District Attorney Patrick Warren noting that prosecution was “not legally sustainable,” the case has sparked discussion around a topic that, statistically, will affect up to 20% of pregnancies: what does one do with the remains of a miscarriage.
TikTok creator Liv Goldi recently highlighted the issue in a video noting that the suggestion she kept hearing — that you call an ambulance to go to the hospital. A suggestion she wanted to dispel as both impractical and privileged.
“How do you think you get rid of the remains after a miscarriage?” she asks. “I’m going to tell you: you miscarry into a toilet.”
She goes on to say that this will generally look like a large blood clot. You can call a doctor, who can confirm that’s the case via a photo. Either way: they’ll probably tell you to flush the toilet and encourage you to come in for care in the coming days.
“There are no legal ways you’re supposed to dispose of the miscarriage,” she continues. “There are no legal guidelines for that. There is no legal, right way to do it. Secondly, what an astoundingly privileged take.”
She notes that an ambulance or ER visit alone can run hundreds or even thousands of dollars.
“As a former ER nurse,” replies one commenter, “There is nothing we can do for a miscarriage. Unless you are profusely bleeding there is no point in coming in. It's a waste of time.”
“I’m a women’s health provider THIS IS CORRECT,” says another.
“My doctors told me to flush it or throw it in the trash!” offers a third. “You only need to go to the ER if you are hemorrhaging.”
Indeed, while there are some laws on the books about what must be done with fetal remains after an abortion, laws about what to do with fetal or embryonic tissue after a miscarriage at home do not currently exist. Most miscarriages occur before a layperson could likely distinguish uterine tissue from fetal tissue and, as such, are often flushed down the toilet. While the remains of Chandler-Scott’s miscarriage would likely have been identifiable as such, that does not change the fact that nothing in existing law dictates that she’d done anything illegal or otherwise improper. She was not compelled to take particular steps in disposing of the remains.
Chandler-Scott is not the first woman to be charged under similar laws. In 2023, Brittany Watts of Ohio was charged with abuse of a corpse after a miscarriage at home. A grand jury ultimately declined to indict her, and criminal charges were dropped.
However, with the rise of “fetal personhood” laws, which seek to grant full legal rights to zygotes, embryos, and fetuses — regardless of whether they can live outside of a uterus — the extent of these laws may shift the legal landscape from IVF to miscarriage. So far, laws have favored those having miscarriages. But every failed case provides new insights for those who seek to change how the laws are interpreted moving forward.
