West Virginia prosecutor warned his colleagues could charge women for miscarriages. He didn't say they actually will

In late May and early June 2025, a rumor spread online that West Virginia prosecutors planned to start issuing felony charges against women who have miscarriages.

This claim is misleading. It comes from a misunderstanding of comments made by Raleigh County Prosecuting Attorney Tom Truman, who wished to warn people that it may be possible for prosecutors to charge people who miscarry using state laws governing disposal of human remains. However, Truman emphasized that he does not personally want to or plan to prosecute anyone under these conditions.

West Virginia law does not explicitly state that fetal remains are equivalent to human remains. The state treats fetuses as "distinct victims" in "certain crimes of violence," but it does not have a law giving fetuses the same total legal rights as people. Furthermore, prosecutors have broad discretion and authority to decide on bringing charges and how to pursue a case. Thus, it is possible a West Virginia prosecutor could try to charge someone for the disposal of fetal remains after a miscarriage, but it is difficult to determine whether the charge would hold up in court.