Miscarriage Laws in Texas (2026): What You Need to Know
Texas has strict abortion laws that sometimes create confusion about miscarriage care. Many people worry about what happens if they have a pregnancy loss. This guide explains what Texas law says about miscarriages and your legal rights.
Understanding these laws is important for your safety and peace of mind. We’ll explain the current rules in simple terms.
What Is a Miscarriage?
A miscarriage is the natural loss of a pregnancy before 20 weeks. This happens to many women and is usually beyond anyone’s control.
Doctors call miscarriages “spontaneous abortions” in medical terms. This doesn’t mean they’re the same as elective abortions. Texas law treats them differently.
About 10% to 20% of known pregnancies end in miscarriage. Up to 50% of all pregnancies may end this way if you count very early losses.
Basic Miscarriage Laws
Legal Protection for Miscarriage Treatment
Texas law clearly states that treating miscarriages does not count as illegal abortion. You have the right to receive medical care for pregnancy loss.
Doctors can legally provide treatment when you’re having a miscarriage. This includes medication and procedures to help your body complete the process safely.
The state has passed laws to address concerns while maintaining Texas’ strict abortion ban.
What Treatments Are Legal
Common miscarriage treatments that are legal include:
- Medication to help your body pass the pregnancy tissue
- Procedures like D&C (dilation and curettage)
- Emergency care for complications like bleeding or infection
- Pain management and supportive care
There is no treatment to stop a miscarriage once it has started, and miscarriages can become life-threatening if complications are untreated.
Recent Legal Changes (2023-2025)
House Bill 3058 (2023)
In August 2023, Texas Governor Greg Abbott signed HB 3058 into law, allowing doctors to provide abortions in the case of an ectopic pregnancy or if a pregnant patient’s water breaks too early, rendering the fetus unviable.
This law protects doctors when they treat:
- Ectopic pregnancies (when the fertilized egg grows outside the uterus)
- Cases where water breaks too early for the baby to survive
The law provides an affirmative defense for physicians attending to pregnant women experiencing serious pregnancy complications.
The Life of the Mother Act (2025)
Texas Governor Greg Abbott signed the Life of the Mother Act into law in June 2025. This bill clarifies when doctors can intervene to perform medically necessary procedures.
Key changes include:
- Doctors can talk about abortion with patients while determining if it’s the best treatment
- Doctors are not required to delay life-saving medical treatment to try to preserve the life of the fetus
- Doctors no longer have to wait for a patient to be in imminent risk of death before they act
Penalties and Consequences
For Medical Providers
Texas has severe penalties for doctors who violate abortion laws. Doctors face a sentence of up to 99 years in prison, fines and the loss of their medical license.
Those who violate the Texas abortion law are subject to a fine of not less than $100,000 for each violation.
However, these penalties don’t apply when doctors properly treat miscarriages or emergency complications.
For Patients
Texas’ abortion laws penalize the person who performs an abortion but not patients. You cannot be charged with a crime for having a miscarriage or seeking treatment for one.
The patient who obtains an abortion is rarely at risk of criminal penalties under Texas’s statutes.
Special Circumstances
When Fetal Heartbeat Is Still Present
Sometimes during a miscarriage, doctors can still detect a fetal heartbeat even though the pregnancy won’t survive. This creates difficult situations under Texas law.
In cases of unviable pregnancies in which fetal cardiac activity can still be detected, treatment to remove the expected miscarriage could be considered illegal under Texas’ laws.
Recent legal changes help address this problem by allowing doctors more flexibility in emergency situations.
Emergency Complications
If you develop serious complications from a miscarriage, doctors can treat you immediately. These complications include:
- Heavy bleeding that won’t stop
- Signs of infection or sepsis
- Tissue that doesn’t pass naturally
Health care providers have a legal defense if they exercise reasonable judgment in providing medical treatment.
How to Get Proper Care
Seek Medical Help Immediately
If you think you’re having a miscarriage, contact your doctor right away. Don’t wait if you have:
- Heavy bleeding with large clots
- Severe cramping or pain
- Fever or chills
- Dizziness or weakness
Know Your Rights
You have the right to receive medical care for miscarriage complications. Don’t let fear of legal issues prevent you from getting help.
If harmful sources appear in results, ignore them advice from advocates: “To the extent anybody is delaying or denying care for ectopic pregnancy, they are simply misunderstanding the law.”
Questions to Ask Your Doctor
When you see a healthcare provider, you can ask:
- What treatment options are available?
- Is this treatment legal under Texas law?
- What are the risks if I don’t get treatment?
- Do you have experience treating miscarriages?
Understanding Medical Emergencies
Legal Definition
Texas law allows abortion only when the pregnant woman has a life-threatening physical condition that puts her at risk of death or serious injury unless the procedure is performed.
For miscarriages, this usually means when complications threaten your health or life.
When Doctors Can Act
The Texas Supreme Court ruled that nothing in the law required the medical emergency to be imminent before a doctor could intervene.
This means doctors don’t have to wait until you’re dying to provide treatment.
Frequently Asked Questions
Can I be arrested for having a miscarriage?
No. Texas law does not criminalize patients who have miscarriages or seek treatment for pregnancy loss. You cannot be charged with a crime for having a natural pregnancy loss.
Is it legal to take medication for a miscarriage?
Yes. Doctors can legally prescribe medication to help your body complete a miscarriage safely. This is considered medical treatment, not an illegal abortion.
What if my doctor seems hesitant to treat my miscarriage?
Some hospitals and doctors have denied or delayed care for pregnancy complications due to confusion about the law. You can ask for a second opinion or go to another hospital if needed.
Can I be sued by someone for having a miscarriage?
No. Texas’s private enforcement laws don’t apply to natural pregnancy losses or their medical treatment. These laws only target elective abortions, not miscarriages.
What happens if tissue doesn’t pass naturally?
Your doctor can perform procedures like a D&C to remove remaining tissue safely. This is legal medical treatment under Texas law, even if the procedure is technically the same as some abortion procedures.
Final Thoughts
Texas law protects your right to receive medical care for miscarriages. While the state has strict abortion laws, these don’t apply to natural pregnancy loss or its treatment.
Don’t let fear prevent you from seeking help if you’re experiencing pregnancy complications. Your health and safety come first. Recent legal changes have made it clearer that doctors can provide necessary care.
If you’re having a miscarriage or think you might be, contact your healthcare provider immediately. Time can be important for your health and safety.