In September 2023, after her first prenatal visit brought heartbreaking news, 33-year-old Brittany Watts had an induced miscarriage. That same week, she was charged with a fifth-degree felony: abuse of a corpse.
The criminalization of abortion, and by extension, miscarriage, is rooted in generations of Black mothers under attack by police, the legal system, and healthcare systems. From enslavement to federally enforced sterilizations, Black reproduction has long been under surveillance, exploitation, and control.
Black women who visit hospitals for prenatal care are ten times more likely to have child protective services and other authorities called on them. Even after pregnancy, the child “welfare” system continues to separate Black children from their parents.
The state continuously punishes Black mothers for experiencing poverty, health crises, and other structural conditions that the state itself has caused. Globally, 23 million miscarriages take place a year, with Black women at 43% more risk. That statistic can’t be separated from the 28% of Black women who named abortion as their top issue in the upcoming U.S. election, compared to 12% of the general population.
In the end, a bittersweet victory came for Brittany Watts. After a flood of letters and calls to the prosecutor’s office, and donations to her defense fund, an Ohio grand jury declined to indict her. Her story is a reminder: The criminalization and policing of Black families isn’t for the welfare of children — it’s only additional trauma.