Texas has reported a troubling increase in infant deaths since 2021, with preliminary state data indicating an over 7 percent rise in fatalities. Hospitals across the state are grappling with more newborn losses, prompting heightened discussions surrounding reproductive and perinatal care. In response, families and advocates are pushing for legislative changes, particularly the introduction of Everly’s Law, designed to provide grieving families with more support during tragic circumstances.
According to a report by KXAN, the early statistics show a significant uptick in infant mortality rates, compelling public health officials to examine the underlying factors. Investigative reporter Arezow Doost highlighted the devastating implications of these figures, suggesting that the state must prioritize public health scrutiny in light of these trends.
A peer-reviewed study published in JAMA Pediatrics reveals an even sharper increase in infant deaths in 2022, estimating a rise of approximately 12.9 percent from the previous year. Researchers estimated around 216 excess infant deaths occurred between March and December 2022. The study conducted by Johns Hopkins University noted that deaths associated with congenital anomalies rose by around 23 percent, diverging from national patterns. The authors of the study cautioned that while these findings indicate a concerning trend, further analysis is necessary to establish causation.
Concerns about rising infant mortality rates have been echoed in other national reports, which link increases in infant deaths to the Supreme Court’s Dobbs decision. Many health experts warn that restrictions on pregnancy termination and disruptions to reproductive health services could have long-lasting effects on public health, particularly for vulnerable populations such as Black and low-income families.
What Everly’s Law Proposes
House Bill 37, known as Everly’s Law, aims to establish a Perinatal Bereavement Care Initiative at the Texas Department of State Health Services. This law mandates that hospitals designated with a maternal care level must provide bereavement counseling and access to available perinatal bereavement devices for families experiencing stillbirth or neonatal loss. The legislation defines a perinatal bereavement device as one that can preserve human tissue for up to 72 hours.
As part of the initiative, the law will authorize training and grants to assist hospitals in developing bereavement services and will establish a recognition program for facilities that effectively train their staff. The statute is set to take effect on September 1, 2025, with directives for the Department of State Health Services to draft implementing rules, emphasizing support for hospitals caring for high-risk maternal patients.
Impacts on Families and Hospitals
Under the provisions of Everly’s Law, hospitals lacking bereavement devices will be prioritized for state-funded equipment and training, allowing for a more compassionate response to families during their most difficult times. Advocacy groups and nonprofits have committed to collaborating with hospitals to enhance access to bereavement devices and educate staff on providing support to families facing loss.
While these initiatives are a step forward, clinicians emphasize that bereavement devices alone will not resolve the broader issues at play. They advocate for comprehensive approaches that include improved prenatal screening, specialty care referral networks, and enhanced social services to address the complex factors contributing to infant mortality.
Researchers view the rise in infant death rates as interconnected with legislative changes affecting reproductive health. They suggest that stricter abortion laws may lead to a higher number of pregnancies continuing despite severe fetal anomalies, which could increase the incidence of neonatal and infant mortality. Reports indicate that the legal ambiguities following the Dobbs ruling have created hesitancy among healthcare providers, emphasizing the need for clearer guidelines that prioritize patient welfare.
Public health experts advocate for a multifaceted approach that includes safe sleep education, access to quality prenatal care, and targeted community support for areas experiencing high infant mortality rates, alongside essential bereavement services for families.
Legal and Community Response
The findings from the JAMA Pediatrics study have drawn connections between the surge in infant deaths and Texas’s SB8, a law enacted in 2021 that restricts abortion after embryonic cardiac activity. This legislation does not provide explicit exemptions for pregnancies diagnosed with severe fetal anomalies, complicating the landscape for expectant parents and healthcare providers alike.
Legal experts note the challenges in disentangling the effects of such statutes from broader systemic factors affecting health outcomes. Nonetheless, the data has reignited discussions in Austin regarding the alignment of state law with clinical practice and patient welfare.
As the implementation date for Everly’s Law approaches, state officials and healthcare institutions are tasked with the practical aspects of establishing the new bereavement program. Ongoing research and advocacy efforts will continue to monitor the initiative’s impact on grieving families, as well as the broader implications for infant health outcomes in Texas.
