Texas is grappling with a concerning increase in infant deaths, with early state data indicating a rise of over 7 percent since 2021. Hospitals are reporting higher numbers of newborn fatalities, stirring discussions around reproductive and perinatal care. In response, families and advocates are pushing for legislative measures, notably Everly’s Law, aimed at providing grieving families with more time with their infants who die in hospitals.
According to a report from KXAN, the preliminary figures reveal the distressing trend, which has prompted calls for enhanced public health scrutiny. Investigative reporter Arezow Doost highlighted the impact of these rising numbers, emphasizing the need for urgent attention from both policymakers and healthcare professionals.
A peer-reviewed analysis published in JAMA Pediatrics revealed an even steeper increase, estimating a 12.9 percent rise in infant deaths from 2021 to 2022 in Texas. The study, led by researchers at Johns Hopkins University, identified approximately 216 excess infant deaths from March through December 2022 and noted a 23 percent increase in deaths linked to congenital anomalies—contrasting national trends. The authors suggested that this rise may reflect a situation where pregnancies with lethal fetal diagnoses are being carried to term, although they clarified that their analysis did not establish a direct cause-and-effect relationship.
Analyses from various outlets have raised alarms about the impact of recent legal changes on infant mortality rates. Following the Dobbs v. Jackson Women’s Health Organization decision, which restricted abortion access, concerns have emerged regarding potential public health repercussions. Reports have highlighted the disproportionate risks faced by Black and low-income families, urging for expanded maternal and neonatal support systems.
Understanding Everly’s Law
House Bill 37, known as Everly’s Law, aims to create a Perinatal Bereavement Care Initiative at the Texas Department of State Health Services. The law mandates that hospitals with a maternal level of care designation provide bereavement counseling and necessary perinatal bereavement devices to families following stillbirth or neonatal death. These devices, designed to delay the deterioration of human tissue for up to 72 hours, are critical in allowing families to spend more time with their deceased infants.
The law, which takes effect on September 1, 2025, also includes provisions for training and grants to support hospitals in enhancing their bereavement services. Additionally, a recognition program will be established for facilities that train their staff in providing these essential services. This initiative aims to improve the experience of grieving families during a profoundly difficult time.
Hospitals lacking cooling units or other bereavement devices will be prioritized for state-supported equipment and training. Advocacy groups and nonprofits are committed to collaborating with hospitals to expand access to these devices and to help staff navigate the early days of loss. Despite these efforts, clinicians warn that bereavement devices alone will not suffice. They emphasize the need for broader initiatives focused on prenatal screening, specialty care referral networks, and comprehensive social services.
Implications for Families and Public Health
Researchers express concern that tighter abortion restrictions may inadvertently lead to a rise in infants born with severe anomalies, thus impacting neonatal and infant mortality rates. Following the Dobbs decision, clinicians have noted that legal uncertainties have resulted in hesitancy and delays in care, underscoring the need for clearer guidelines that prioritize patient welfare.
Public health experts advocate for preventative measures alongside bereavement services. This includes safe sleep education, access to quality prenatal care, and targeted support in communities facing elevated infant mortality rates.
Legal scholars point out that linking the rise in Texas infant deaths to specific legislative changes, such as SB8, which restricts abortion after embryonic cardiac activity without an exemption for severe fetal anomalies, poses challenges. Nevertheless, the data have revived discussions in Austin regarding the alignment of state law, clinical practice, and patient welfare.
As Everly’s Law approaches its start date, state officials and hospitals are tasked with the implementation of the new bereavement program. Researchers will continue to monitor statewide data to assess the law’s impact. Advocacy groups and public health specialists remain vigilant, hopeful that these initiatives will provide relief for grieving families while addressing the broader challenges affecting newborns and infants in Texas.
