Miscarriage Laws in Wisconsin (2026): Your Rights Explained
Most people don’t realize miscarriage and pregnancy loss can have legal implications. Seriously. In Wisconsin, the laws around pregnancy loss, medical care, and criminal charges have changed a lot in recent years. Let’s break down exactly what you need to know.
Wisconsin’s legal landscape around miscarriage is complex right now. After years of court battles and changing laws, the rules about pregnancy loss and medical care are finally becoming clearer. Understanding your rights is crucial.
What Is a Miscarriage?
A miscarriage is the loss of a pregnancy before 20 weeks. It happens to about 10-20% of known pregnancies. Most miscarriages occur in the first trimester.
Miscarriage is also called spontaneous abortion in medical terms. Don’t worry about the word “abortion” here. It’s just medical terminology. It means the pregnancy ended on its own without any intentional action.
Current Abortion Laws in Wisconsin
Wondering how abortion laws affect miscarriage care? Here’s the deal.
Abortion is currently legal in Wisconsin. This changed in July 2025. The Wisconsin Supreme Court struck down an old 1849 law that had banned abortion. That ruling made things clearer for everyone.
Right now, abortion is legal through 22 weeks of pregnancy. You can get this care at clinics in Madison, Milwaukee, and Sheboygan. There’s a 24-hour waiting period. You also need to get an ultrasound.
Hold on, this part is important. After 20 weeks from fertilization, abortion is banned unless it’s needed to save your life or protect your health. That’s about 22 weeks from your last period.
Miscarriage Medical Care Is Legal
Here’s what you need to know about getting treatment.
Treatment for miscarriage is completely legal in Wisconsin. Always has been. The same medical procedures used for abortion are used to treat miscarriage. That includes manual vacuum aspiration (MVA) and dilation and curettage (D&C).
Your doctor won’t get in trouble for treating your miscarriage. Neither will you. The law protects both patients and providers when it comes to miscarriage care.
Some people worry about this, honestly. They think miscarriage treatment might be illegal because of abortion laws. Not true. Medical care for pregnancy loss has always been protected.
Emergency Situations and Life-Threatening Complications
Let’s talk about the serious stuff.
Doctors can and must treat life-threatening pregnancy complications. This includes ectopic pregnancies, severe infections, and incomplete miscarriages that cause dangerous bleeding.
Ectopic pregnancies happen when a fertilized egg implants outside the uterus. These pregnancies can never result in a baby. They’re dangerous. Removing an ectopic pregnancy is not considered abortion under Wisconsin law.
The same goes for removing a dead embryo or fetus. If there’s no heartbeat, treatment is legal and necessary. No questions asked.
Pretty straightforward, right?
Medication for Miscarriage Management
Wisconsin has specific rules about miscarriage medications.
Doctors can prescribe mifepristone and misoprostol to manage miscarriage. These are the same medications used for medication abortion. But when used for miscarriage, they’re completely legal.
Here’s the catch. The medication must be given in person by a physician. You can’t get it through telemedicine. You can’t get it mailed to you. This requirement applies whether you’re using it for miscarriage or abortion.
Many doctors think this rule is too strict. It makes getting timely care harder. But it’s the law right now.
Recent Legislative Changes in 2025
Wisconsin lawmakers have been busy.
In November 2025, the state Senate passed a bill (SB 553) trying to redefine abortion. The bill says that certain procedures don’t count as abortion. This includes removing a dead embryo, treating ectopic pregnancy, and performing emergency C-sections to save a mother’s life.
Sounds helpful? Not everyone agrees.
Medical professionals actually oppose this bill. They say it creates confusion rather than clarity. The procedures mentioned in the bill were already legal. Doctors worry the bill makes them question what’s allowed.
The bill is waiting for Governor Tony Evers to decide. He’s promised to veto any legislation that restricts abortion access. Most experts think he’ll veto this one too.
Can You Be Charged for Having a Miscarriage?
This is what scares people most.
In Wisconsin, the pregnant person cannot be charged with a crime for having a miscarriage. The law explicitly protects pregnant people. Even the old 1849 law (now struck down) didn’t apply to pregnant people themselves.
You cannot be prosecuted for pregnancy loss. Period.
That said, there’s a bigger national problem. Since the Dobbs decision in 2022, hundreds of pregnant people across the country have faced criminal charges related to pregnancy loss. Wisconsin was one of 16 states where these prosecutions happened in the first two years after Dobbs.
Most of these cases involve substance use during pregnancy. But here’s the scary part. Some people have been investigated or charged just for having a miscarriage, especially if they used drugs at any point during pregnancy.
The Pregnancy Loss Protection Act
A new proposed law might change things.
In December 2025, Senator Kelda Roys introduced the Pregnancy Loss Protection Act. This bill would protect anyone who experiences pregnancy loss from being investigated or prosecuted.
What would it do?
- Prohibit law enforcement from investigating someone as a suspect because of any pregnancy outcome
- Require police to get your consent before investigating a crime that resulted in your pregnancy loss
- Ban government funds from being used to investigate pregnancy outcomes
- Protect people from jail time for seeking healthcare after pregnancy loss
“After the Dobbs decision, we’ve seen hundreds of women across the country being investigated, prosecuted and even jailed because of experiencing a pregnancy loss,” Roys said.
The bill hasn’t passed yet. But it shows Wisconsin lawmakers are paying attention to this issue.
What Medical Providers Can and Cannot Do
Doctors have clear guidelines now.
Medical providers can legally perform all procedures needed for miscarriage management. This includes:
- D&C procedures to remove tissue after incomplete miscarriage
- Manual vacuum aspiration for early pregnancy loss
- Medication management with mifepristone and misoprostol
- Emergency surgery for ectopic pregnancy
- Treatment for severe infection or bleeding
Providers must follow the same informed consent rules as abortion care. You’ll need counseling and an ultrasound. There’s a 24-hour waiting period even for miscarriage care in some situations.
Honestly, this is the part most people miss. The waiting period can delay necessary care. Many medical professionals oppose these requirements for miscarriage treatment.
Your Privacy Rights
What happens in the doctor’s office doesn’t always stay there.
Medical records are supposed to be private. But here’s the reality. In cases involving substance use, hospitals sometimes report to law enforcement or child protective services.
A 2025 study found that in 264 pregnancy-related criminal cases nationwide, information was obtained or disclosed in a medical setting. Medical providers and hospitals are working with police to surveil pregnant people.
You’re not alone if this feels invasive. It is.
Wisconsin law doesn’t currently protect you from having your medical information shared if there’s suspected drug use during pregnancy. This is a serious gap in privacy protection.
What to Do If You Experience Miscarriage
Here’s what you should actually do.
Seek medical care immediately if you’re experiencing heavy bleeding, severe pain, fever, or think you’re having a miscarriage. Don’t delay because you’re worried about legal issues. Your health comes first.
Go to the emergency room if needed. Call your OB/GYN. Get the care you need.
You won’t be charged with a crime for seeking miscarriage care. The medical procedures you need are legal. Trust me on this.
If you’re asked about substance use, you have the right to consult with a lawyer before answering questions. But refusing to answer might delay your care. This puts you in a tough spot, honestly.
Understanding the Difference Between Miscarriage and Abortion
Let me break this down.
Medically, the procedures are identical. A D&C for miscarriage uses the same technique as a D&C for abortion. The medications are the same. The medical training is the same.
Legally, the difference is intent. Miscarriage is when a pregnancy ends on its own. Abortion is when you intentionally end a pregnancy. That’s the only real difference.
Some lawmakers want to make this distinction bigger. Senator Romaine Quinn said treating miscarriage like abortion is “insulting” to people who wanted their pregnancy. But doctors say this attitude creates unnecessary stigma and confusion.
The medical community uses similar language for both because the care is identical. Making artificial legal distinctions doesn’t help patients get better care.
Special Circumstances and Exceptions
Some situations are more complicated.
Incomplete miscarriage happens when your body doesn’t expel all the pregnancy tissue. This requires medical intervention. Treatment is always legal, no matter what stage of pregnancy.
Missed miscarriage is when the embryo stops developing but your body doesn’t recognize the pregnancy loss. Again, treatment is completely legal.
Septic miscarriage involves infection. This is a medical emergency. Treatment cannot be delayed or denied.
Think of it like this. Any situation where continuing the pregnancy threatens your health or life allows for legal intervention. Wisconsin law protects your right to life-saving care.
Resources and Support
You don’t have to navigate this alone.
Planned Parenthood of Wisconsin provides miscarriage care and can answer legal questions about your rights. They have locations in Madison, Milwaukee, and Sheboygan.
The Wisconsin Department of Health Services offers information about pregnancy loss and maternal health resources.
If you’re facing criminal investigation related to pregnancy loss, contact Pregnancy Justice. They’re a national organization that provides legal support to people prosecuted for pregnancy outcomes.
Local hospitals and OB/GYN practices all provide miscarriage care. You have options.
What Comes Next for Wisconsin
The legal landscape is still changing.
The Wisconsin Supreme Court might hear more cases about pregnancy rights. The state constitution includes protections for life, liberty, and the pursuit of happiness. Some legal experts think this protects abortion and pregnancy autonomy.
But nothing is certain yet.
The 2026 midterm elections will be huge. State legislative seats and the governor’s office are all up for election. The results could dramatically change Wisconsin’s approach to pregnancy laws.
Meanwhile, competing bills in the legislature show how divided lawmakers are. Some want stronger protections for pregnancy loss. Others want to restrict abortion even more.
Stay informed about what’s happening. These laws affect real people facing difficult situations.
Frequently Asked Questions
Can I be arrested for having a miscarriage in Wisconsin? No. Wisconsin law does not allow pregnant people to be prosecuted for pregnancy loss. You cannot be charged with a crime for having a miscarriage.
Is treatment for ectopic pregnancy legal? Yes, absolutely. Ectopic pregnancy treatment is legal and necessary. These pregnancies can never result in a live birth and threaten your life if not treated.
Do I need to wait 24 hours to get miscarriage care? It depends on the situation. The 24-hour waiting period technically applies to some procedures, but emergency care cannot be delayed. If you’re in a medical emergency, you get treated immediately.
Can my doctor prescribe miscarriage medication through telemedicine? No. Wisconsin requires miscarriage and abortion medications to be given in person by a physician. You must have a physical exam first.
What happens if I used drugs before I knew I was pregnant and then miscarried? Legally, you cannot be charged for the miscarriage itself. However, substance use during pregnancy can lead to investigation by child protective services or law enforcement. This is a real risk that many people face.
Will the new abortion definition bill affect miscarriage care? If passed, SB 553 would clarify that certain procedures aren’t considered abortion. But the bill hasn’t become law yet, and Governor Evers will likely veto it. Right now, miscarriage care is already legal regardless of this bill.
Final Thoughts
Wisconsin’s miscarriage laws are clearer now than they’ve been in years. Medical care for pregnancy loss is legal. You cannot be prosecuted for having a miscarriage. Doctors can provide the treatment you need without fear.
But the bigger picture is messier. National trends show pregnant people facing investigation and prosecution for pregnancy outcomes. Wisconsin hasn’t been immune to this. Proposed legislation could either strengthen protections or create more confusion.
Know your rights. Seek medical care when you need it. Don’t let fear of legal consequences stop you from getting help.
Now you know the basics. Stay informed, stay safe, and when in doubt, talk to a healthcare provider or lawyer who understands Wisconsin’s pregnancy laws.
References
- Wisconsin Supreme Court Decision in Kaul v. Urmanski (2025) – https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=979066
- Wisconsin Legislature Council Issue Brief on Abortion Laws (April 2024) – https://docs.legis.wisconsin.gov/misc/lc/issue_briefs/2024/health/ib_overview_of_abortion_laws_msk_2024_04_15
- Pregnancy Justice Report: Pregnancy Criminalization After Dobbs (September 2025) – https://www.pregnancyjusticeus.org/post-dobbs-pregnancy-criminalization/
- Wisconsin Department of Health Services Maternal Health Data (2024) – https://www.dhs.wisconsin.gov/publications/p01125-2016-2023.pdf
- Planned Parenthood Advocates of Wisconsin Q&A on Abortion Access – https://www.plannedparenthoodaction.org/planned-parenthood-advocates-wisconsin/issues/roe-v-wade-q