Texas Sees Surge in Infant Deaths; Families Advocate for Change

Texas is experiencing a troubling rise in infant deaths, with preliminary data indicating an increase of more than 7 percent since 2021. Hospitals report a concerning trend of increased newborn fatalities, prompting discussions about reproductive and perinatal care. Families, healthcare providers, and researchers are calling for more compassionate policies to address the situation.

According to KXAN’s investigative reporting, the spike in infant deaths is alarming and necessitates closer scrutiny of public health measures. A peer-reviewed study published in JAMA Pediatrics revealed an even steeper increase in 2022, with infant deaths rising by approximately 12.9 percent compared to 2021. Researchers estimated around 216 excess infant deaths from March to December 2022, with a significant rise in deaths linked to congenital anomalies—about 23 percent—contrasting national trends. The study suggests that the increase may be tied to the continuation of pregnancies with lethal fetal diagnoses, although it does not establish direct causation.

The rise in infant mortality has drawn attention to the implications of the Dobbs decision, which has led to heightened restrictions on abortion. Various analyses note that these restrictions could adversely affect public health, particularly among vulnerable populations, including Black and low-income families. The need for enhanced maternal and neonatal support systems has become increasingly urgent.

Introducing Everly’s Law

In response to this troubling trend, Texas has introduced House Bill 37, known as Everly’s Law. This legislation establishes a Perinatal Bereavement Care Initiative at the Texas Department of State Health Services. It mandates that hospitals with a maternal level of care designation provide bereavement counseling and access to perinatal bereavement devices to families following stillbirths or neonatal deaths.

The law defines perinatal bereavement devices as those capable of delaying tissue deterioration for up to 72 hours. It also allocates resources for training and grants to assist hospitals in enhancing their bereavement services while establishing a recognition program for facilities that adequately prepare staff. The new statute is set to take effect on September 1, 2025, with the Department of State Health Services tasked with drafting implementing rules and prioritizing hospitals that care for high-risk maternal patients.

As hospitals prepare for the new law, those lacking existing bereavement equipment are expected to receive state-supported resources first. Advocacy groups and non-profits are already collaborating with hospitals to increase access to devices like cuddle cots and provide training for staff to support families during their time of loss. Nevertheless, clinicians emphasize that bereavement devices alone cannot solve the complex issues surrounding infant mortality. They call for comprehensive efforts in prenatal screening, specialty care networks, and social services.

Urgent Call for Broader Support

Researchers have identified a potential chain reaction resulting from tighter abortion restrictions. These laws influence which pregnancies continue, potentially leading to more infants being born with severe anomalies. Consequently, this can distort neonatal and infant mortality statistics. Medical professionals have noted that the legal uncertainties following the Dobbs decision have caused hesitations and delays in care, highlighting the need for clearer regulations that prioritize patient welfare.

Public health experts advocate for preventive measures, including education on safe sleep practices, access to quality prenatal care, and targeted support in communities with high infant mortality rates. They stress that bereavement services are crucial once a loss occurs, but prevention remains a key focus.

Legal scholars have pointed out that the data linking the rise in infant deaths in Texas to the 2021 law, SB8, which restricts abortion after embryonic cardiac activity, raises significant concerns. Notably, SB8 does not provide exemptions for pregnancies with severe fetal anomalies. While disentangling the effects of specific statutes from broader health system factors is complex, the data has reignited discussions in Austin about aligning state law, clinical practice, and patient welfare.

As Everly’s Law approaches its implementation date, state officials and healthcare facilities face the challenge of establishing the new bereavement program. Meanwhile, researchers will continue to analyze statewide data to assess the long-term impact on infant mortality rates. Advocates for public health and journalism will closely monitor whether this initiative alleviates some of the hardships faced by grieving families and how the evolving policy landscape shapes outcomes for newborns in Texas.