According to a new study published on Monday, Texas lawmakers promoted their heartbeat law as a means of saving lives. However, it seems that the state’s almost total ban on abortion has led to a rise in infant deaths.
According to a study published in JAMA Pediatrics, infant mortality rates have increased following the implementation of Texas’ Senate Bill 8, which prohibits abortion after approximately six weeks from conception. The law was enacted in September 2021, and just over nine months later, in June 2022, the U.S. Supreme Court overturned the constitutional right to abortion. The study suggests that similar increases in infant mortality rates may be observed in the more than a dozen states that have since enforced near-total bans on abortion, similar to what has occurred in Texas.
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According to Alison Gemmill, an assistant professor at Johns Hopkins University’s Bloomberg School of Public Health who conducted the study, the recent deaths occurring after the implementation of abortion bans highlight the severe consequences of such laws. In an interview with USA TODAY, she emphasized that these laws have unintended and devastating effects on both mothers and babies. Referring to the deaths that occurred following the Texas heartbeat law, she labeled them as the law’s “spillover effects.”
A recent study revealed that there has been a surge in the number of infant deaths in Texas following the passage of the state’s new law. The increased mortality rate is believed to be caused by birth defects or genetic issues that would have led to the termination of the pregnancy through abortion. Unfortunately, the Texas heartbeat law does not account for such conditions, and mothers are compelled to carry their babies to full term under state law.
Gemmill and a team of researchers from Johns Hopkins and Michigan State University published a study in the Journal of the American Medical Association, which found a connection between the Texas law and a rise in infant and neonatal deaths from 2021 to 2022. Previous research had linked the surge in infant deaths to the implementation of anti-abortion laws, but this is the first study to directly attribute the fatalities to the laws that prohibit the termination of these pregnancies.
According to Wendy Davis, a senior adviser for Planned Parenthood Texas Votes, restricting abortion care has devastating human impacts, as it is an essential part of comprehensive healthcare. Davis, who previously filibustered for abortion rights during her time as a Democratic state senator, emphasized that the study only covers the year 2022 and does not account for the more restrictive abortion ban that came with the Dobbs decision in 2023 and 2024. This suggests that the current situation on the ground is potentially even more dire than what’s been reported.
While the findings of the study were not disputed by Texas Governor Greg Abbott’s office, they did emphasize the state’s anti-abortion stance. Andrew Mahaleris, a spokesperson for Abbott, explained that the 2021 heartbeat law was enacted to “save the innocent unborn, and now thousands of children have been given a chance at life.” The governor has taken meaningful steps to protect the sanctity of life, Mahaleris added, and has provided resources to pregnant women to enable them to choose life for their child.
The increase in infant deaths mentioned in the study was not disputed by those who oppose abortion. Supporters of laws like the heartbeat bill believe that they are safeguarding the sanctity of life. They argue that terminating the life of a fetus with a fatal condition amounts to “deliberately choosing to end the life of a child.”
Most abortions occur before the fetus is able to survive outside of the womb. The state of Texas has implemented laws that have significantly decreased the amount of abortions performed within its borders.
According to the Texas Alliance for Life spokesperson, Amy O’Donnell, the results of the study were not unexpected. O’Donnell emphasized the significance of providing babies with disabilities and even fatal anomalies with a chance at life, despite the possibility of a newborn passing away due to a predicted lethal condition. She acknowledged that the death of a child is a difficult experience for families. However, O’Donnell added that her nonprofit organization provides support and resources to families coping with such losses.
According to the speaker, in Texas, they take immense pride in saving every unborn child’s life and prioritize protecting women’s lives through their laws. They firmly stand against any form of discrimination towards children with disabilities or fatal diagnoses, whether inside or outside the womb. The speaker emphasizes that this is a non-negotiable boundary that should not be crossed under any circumstances.
According to Gemmill, a researcher from Johns Hopkins, infants who passed away shortly after birth due to birth defects may have caused immense distress to their families, which could have been avoided.
After the implementation of the heartbeat law, the researchers analyzed death records. They developed a model of a hypothetical Texas, which predicted outcomes if the law was not in effect. This model was then compared to national trends during the same time period. Shockingly, the number of infants who died before their first birthday increased from 1,985 to 2,240 in 2021, a 12.9% rise. In contrast, the entire country experienced less than a 2% increase. The fatalities attributed to congenital anomalies or birth defects in Texas increased by nearly 23%, while nationally, there was a 3% reduction.
Gemmill stated that the policy was ultimately responsible for the rise in infant deaths in Texas.
According to Dr. Tracey Wilkinson, an associate professor of pediatrics and obstetrics and gynecology at the Indiana University School of Medicine, the study holds great importance due to Texas’ status as a conservative state with both urban and rural areas that could potentially mirror the effects of similar laws across the United States. As Texas has been under more stringent abortion restrictions for a longer period than other states that have enacted similar bans following the Dobbs ruling, the findings of this study could be particularly relevant.
According to Wilkinson, who was not involved in the new study, the reason behind the increasing infant and maternal mortality rates is quite simple. When individuals are stripped of their right to make choices regarding their pregnancies, the outcomes are bound to be negative. This includes a rise in mortality rates for both infants and mothers.
The impact of infant deaths on the health of mothers who were bound by law to carry dead babies to term and the psychological effects of carrying and delivering newborns only to witness their demise were not explored in the study. Furthermore, the study brings up the issue of the financial burden on families when carrying and delivering terminally ill infants, but it does not delve into it.
Gemmill is currently researching the effects of abortion restrictions on parents from diverse racial and ethnic backgrounds. Studies have previously indicated that Black mothers and babies experience higher mortality rates compared to other groups.
According to Molly Duane, a senior staff attorney at the abortion rights advocacy nonprofit Center for Reproductive Rights, the findings of the study align with her firsthand experience in the courtroom. Duane recently represented women who took legal action against Texas’ restrictive laws after being denied medical abortions. One of her clients, Samatha Casiano, was forced by the law to continue a pregnancy of a non-viable fetus. The Texas Supreme Court’s decision in late May, mandating that pregnant patients must have a “life-threatening condition” to terminate a pregnancy, has added to the already difficult situation.
According to Duane, the study’s findings raise doubts on the assertion made by anti-abortion activists that Texas is a “pro-life” state. She expressed concern over the plight of women and families who are suffering, and the unfortunate loss of innocent lives. In her opinion, no one in the state is willing to take responsibility for this real human suffering.
Towards the end of 2023, the U.S. Centers for Disease Control and Prevention published a report that revealed an unsettling trend – for the first time in over two decades, there had been a rise in infant deaths. Interestingly, the report singled out states that had imposed restrictions on abortion access as the ones with higher fatalities. However, experts were quick to caution that they couldn’t pinpoint the exact cause behind the sudden spike in infant deaths.
According to the Texas study, abortion restrictions in one state led to an increase in the number of deaths.
