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Texas Sees Rise in Infant Deaths, Families Advocate for Change

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The state of Texas is grappling with a significant increase in infant deaths, reporting over a 7 percent rise since 2021. This alarming trend has reignited discussions surrounding reproductive and perinatal care, prompting the introduction of a new law aimed at providing grieving families with more time with their infants who die in hospitals.

According to preliminary state data reported by KXAN, the rise in infant mortality has raised serious public health concerns. Investigative reporter Arezow Doost highlighted the distressing figures, which suggest that hospitals are experiencing more newborn losses. Family advocates, healthcare professionals, and researchers are calling for urgent policy reforms and compassionate care practices to address the underlying issues.

A deeper analysis published in JAMA Pediatrics indicates an even steeper increase. Between 2021 and 2022, Texas saw a rise in infant deaths of approximately 12.9 percent, with researchers estimating an excess of around 216 infant deaths from March to December 2022. The study, led by Johns Hopkins, also reported a notable 23 percent increase in deaths associated with congenital anomalies, a trend that contrasts with national statistics. The authors suggest that this increase may be linked to legislative changes affecting the continuation of pregnancies with lethal fetal diagnoses.

The implications of the Dobbs decision have further complicated the situation. Reports have indicated a rise in infant mortality following the decision, with restrictions on pregnancy termination potentially impacting public health outcomes. Black and low-income families face disproportionately higher risks, prompting calls for enhanced maternal and neonatal support systems across the state.

What is 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 access to perinatal bereavement devices for families following stillbirth or neonatal death. These devices can extend the preservation of human tissue for up to 72 hours, allowing families more time to grieve.

The statute, set to take effect on September 1, 2025, also establishes training programs and grants to assist hospitals in developing bereavement services and outlines a recognition program for facilities that successfully implement these initiatives. The full legislative text is available in public records.

Under the new law, hospitals lacking cooling units or similar bereavement devices will receive priority for state-supported equipment and training. Advocacy groups and nonprofits are collaborating with hospitals to improve access and assist staff in guiding families through the challenging early days of loss. However, clinicians emphasize that while these devices are beneficial, comprehensive solutions must also address prenatal screening and social services.

Addressing the Broader Context

Researchers have noted a troubling cycle wherein stricter abortion laws influence which pregnancies proceed, potentially leading to an increase in births involving severe anomalies. This shift can adversely affect neonatal and infant mortality rates. Following the Dobbs decision, healthcare providers have reported confusion and delays in care, emphasizing the need for clearer regulations that prioritize patient welfare.

Public health experts advocate a dual approach that includes preventive measures such as safe sleep education and access to high-quality prenatal care, alongside the establishment of bereavement services for families at the time of loss.

The connection between legislative actions, such as SB8, which limits abortion after embryonic cardiac activity without exceptions for severe fetal anomalies, has sparked renewed debate in Texas. Legal scholars express that disentangling the effects of specific laws from broader health factors poses challenges, yet the evidence is prompting discussions on aligning state laws with clinical practices and patient welfare.

As Everly’s Law moves toward its implementation date in 2025, state officials and healthcare facilities are tasked with establishing the necessary bereavement programs. Researchers will continue to monitor the data closely, while journalists and public health advocates remain vigilant in assessing the impact of these initiatives on grieving families and the health outcomes for newborns in Texas.

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