Stillbirth and the Law

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Univ of California Press, Mar 25, 2025 - Law - 306 pages
Each year in the United States, about 1 in 170 births is a stillbirth, a rate that has remained stagnant for most of this century even as other high-income countries have dramatically reduced their already lower rates. Jill Wieber Lens, the nation’s foremost expert on stillbirth and the law, blends personal experience and legal analysis to bring us an original, essential guide to this all-too-often unrecognized public health crisis. By exposing how the law inhibits prevention, affects the experience of stillbirth for birthing parents, and shapes broader notions of unborn life, Lens argues for a series of pragmatic, data-driven changes to the legal landscape that could enjoy broad popular support and strengthen reproductive justice and reproductive rights.
 

Contents

Missing Out on CauseofDeath Data
12
Primitive Data Collection
30
Standards of Care and Malpractice
47
Valuing Stillborn Babies
83
Blindsiding Parents
104
Reproductive Justice and Stillbirth
121
That First Breath
139
Abortion and Stillbirth
156
Stillbirth as a Crime
180
Genuine and Forced Optimism for the Future
203
Bibliography
231
Index
255
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About the author (2025)

Jill Wieber Lens is Dorothy M. Willie Professor in Excellence at the University of Iowa College of Law. She gave birth to her stillborn son, Caleb Marcus Lens, in 2017.

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